[20] It is possible to file documents by fax. Collecting physical evidence. Decisions and determinations about applications will be made by panels of members of Redress Scotland, appointed by the Chair. In some circumstances, this may mean that requested information is withheld or redacted (i.e. Were a team of subject matter experts who provide support to advisers on benefits, consumer, debt, employment and housing. para 19.1(1) Civil Procedure Rules Practice Direction 32. para 19.1(6) Civil Procedure Rules Practice Direction 32. 63. Witness evidence is crucial to a successful outcome in nearly all court cases. The first and most basic exception allowed in Scots Law is that evidence of hearsay may be led to show that the statement was made (primary hearsay). T: +44(0) 131 226 7411 In the event that statements are required, you would provide these to the employers representative, who will, in return, give you statements from their witnesses. Section 36(2) of the Act sets out that Redress Scotland will assess the application based on: 101. If however there is evidence of abuse in a relevant care setting where the exclusion does not apply, then the application can be considered at least to that extent. Therefore the applicant must in those circumstances provide documentary evidence which confirms who arranged the placement in the relevant private fee-paying boarding school and paid the fees. If you require this information in an alternative format or language please contact us. a person who has given a statement to a police officer or to a prosecutor about the offence or the alleged offence. Para 6.5 word will changed to must. Redress Scotland may ask the Scottish Government to request additional information from a third party. Witness statements are used in many housing and money claims, especially if the case is disputed. Where an applicant has suffered multiple types of abuse or where abuse was suffered at multiple relevant care settings, documentary evidence or other supplementary information is not required to be submitted for each incident of abuse that occurred at each care setting. Redress Scotland may ask the Scottish Government itself to provide specified information or evidence to the panel under section 81(1)(c) of the Act. What can individuals and/or employees do? para 5.3 Civil Procedure Rules Practice Direction 5A. WebThe police will ask you to explain what you saw, either in writing or on video - this is your witness statement. Theyll ask you to sign it to say its true. 11. Witnesses that might be helpful could be: Witnesses normally have to attend the hearing. 37. Such supporting documents should include the following details: 92. Where the application is for an Individually Assessed Payment and relates to abuse that occurred whilst the applicant was resident in multiple relevant care settings, the applicant should, where possible, provide supporting documentation to confirm residency in each relevant care setting. Occasionally an opinion is included in a witness statement. Applicants may attach a certified true copy of that statement to the application form instead of writing a new statement in Part three of the application form. This is an example of a statement (sometimes called a disability impact statement) which might be used at a hearing to decide whether a claimant is disabled. For further information, see: Introduction: Stair Memorial Encyclopaedia [229]. Emergency services attended, however a 47-year-old man, the driver of the car, was pronounced dead at the scene. [4], The statement must be headed with the parties' names and the claim number. It is well documented that in some care settings, record keeping was inconsistent or inadequate and there are a number of relevant care settings which no longer exist. This will normally be carried out by contacting the organisation that produced the document, or otherwise provided it to the applicant, to confirm that it is a true copy of an original document. This is the "balance of probabilities". Annex 1. Again, some applicants may have previously made a statement about their abuse, for example to the police or in connection with civil court proceedings. Something is established on the balance of probabilities if the evidence presented is sufficient for the decision-maker to conclude that it is more likely than not to be true. The practice is used most often for vulnerable or child witnesses. 35. 77. You might have to go to court as a witness in a criminal court if: youre the victim of a crime - in which case youll be a witness for the prosecution. No Your feedback helps us to improve this website. A supporting document to confirm that the applicant was resident in a relevant care setting as a child before 1 December 2004. Where the applicant is a next of kin applicant, the same standard of proof would also apply to any questions as to their eligibility to apply as next of kin (for example, any question as to whether they had cohabited with the survivor, in a relationship that was akin to that of spouses/civil partners, for the 6 months immediately prior to the survivor's death). A delay could lead to the court dismissing the application. 93. Do not give any personal information because we cannot reply to you directly. The applicant is free to withhold agreement (albeit if they choose to do so, this may mean that Redress Scotland lacks all the information that it requires to complete its determination of the redress application in accordance with section 36 of the Act). If a party wants to rely on the evidence of another person, that person should also submit a witness statement. WebThe Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 creates a new rule for child witnesses under 18 to ensure that, where they are due to give evidence in the most serious cases, they will be allowed to have it pre-recorded in advance of the trial. 18. Once Scottish Government is responsible for the administration of the scheme and Redress Scotland is responsible for making determinations in response to applications for redress scheme. We aim to avoid duplication and confusion so that we can improve certainty around the court experience. In relation to applications for Individually Assessed Payments, where the applicant suffered abuse whilst resident in more than one relevant care setting, the applicant should as far as possible submit supporting documentation for each relevant care setting to which the application relates. If a person applying for redress names a perpetrator of abuse within their application, the Scottish Ministers will pass the name of the alleged perpetrator and the applicant's details to Police Scotland, in order that Police Scotland can assess any risk that the alleged perpetrator may currently pose to children and/or vulnerable adults. Emergency services attended, however a 47-year-old man, the driver of the car, was pronounced dead at the scene. 50. Thirdly, the court should look at all the circumstances of the case. Witness statements. The redress scheme is an alternative to court and does not seek to establish fault or liability. 72. why COPFS are not taking a case to court- what is happening with a case. Applications for Individually Assessed Payments. Webwitness statements are taken will be selected by the Chair according to the needs of the Inquiry, and witness statements may be taken from those individuals who have 4.1 Under Rule 8 of the Inquiries (Scotland) Rules 2007, instead of interviewing an individual, the Chair may request that they to prepare their own witness statement, A completed and signed application form, including a written statement which can be included or attached to the application form. The following is a guide to help you know who to ask and how. There are specific rules for witness statements where the witness does not speak English or has limited English. Where the absence of documentation relates to who arranged and paid for the applicant's placement at a private fee-paying boarding school, Redress Scotland must seek further information about this aspect of eligibility. r.6.8(b) Civil Procedure Rules; s.48 Landlord and Tenant Act 1987. para 5.1 Civil Procedure Rules Practice Direction 5A. A witness statement must be confined to statements of fact, without any. This guidance relates to matters connected with evidence and in particular addresses the following issues: 5. payments made under the UK Government's scheme for former British child migrants; or, depending on the facts and circumstances, payments made in relation to specific incidents of negligence which resulted in injury to the survivor where this could not reasonably be held to have been an episode of abuse. expression of opinion. In some circumstances, following consideration of the application and the evidence submitted it will be appropriate to rebut or overturn that presumption (e.g. Applications for relief from sanctions must be made as soon as possible. 98. Applying to hearings scheduled to take place on or after 1 October 2022, the practice direction restates the presumption that evidence in chief will be given orally, without the use of a witness statement and then sets out the procedure to be followed where it is sought to make an exception in a particular case in the interests of justice. These published statements and transcripts have been redacted so that the identities of anyone protected by the Chair's General Restriction Order or by a bespoke Restriction Order are protected. I, Any Tenant, a retired joiner residing at 1 Any Street and the defendant in this matter, will say as follows. Preliminary Hearings and Dates of Inquiry, Dealing With a Deceaseds Estate in Scotland, Divorce and Dissolution of Civil Partnership, Criminal Courts Practice Notes and Directions, AC Messenger-at Arms and Sheriff Officers, Simplified Divorce and Dissolution of Civil Partnership Guidance Notes, Dealing With a Deceased's Estate Guidance Notes, Crown office and Procurator Fiscal Service (, Protocol on access to information - A guide for victims and witnesses (DOC), Standards of Service for Victims and Witnesses Annual Report 2019-2020 (PDF), Standards of Service for Victims and Witnesses Annual Report 2020-2021 (PDF), Standards of Service for Victims and Witnesses Annual Report 2021-2022 (PDF), Courts, tribunals and Justice organisations in Scotland, Information for those due to attend or visit court, Information on how some court processes work and action you may want to take, Only judgments of significant points of law or public interest, Procedures and practices which apply to courts. Case workers will seek to verify supporting documents submitted. Guidance on Sources and Types of Information and Evidence to Accompany a Redress Application. This guidance provides further information on the evidential requirements for the scheme. Expert evidence. within certain limits, for the purpose of carrying out any of the functions conferred upon the Scottish Ministers or Redress Scotland in terms of the Act (e.g. 34. A minimum of two panel members will consider a fixed rate application and a minimum of three panel members will consider an individually assessed application. The claimant is a witness in their own case. However, where an applicant has not waived their anonymity in Inquiry proceedings, the statement or transcript of evidence published by the Inquiry, will not be in their name as that too will be redacted. The translator must sign the original statement and certify that the translation is accurate. They might The majority of Craigs practice is focused on providing representation and opinions in complicated first instance criminal cases, although he also has a busy appellate practice. 11.10 (3) the witness statement is a statement of fact, not opinion. If you have been called to appear at court as a witness in either a civil or criminal court case you may find the website Victim Support helpful. The Crown Office and Prosecutor Fiscal Service provide information for prosecution witnesses, in some instances through the Victim Information and Advice unit. Former US president Donald Trump is due to arrive in Scotland as he visits his golf courses in the country. This could include concealing their address and contact details. For example if forensic examinations or cybercrime enquiries are involved. 6. 61. 12/08/2014 2.00 Changes throughout to comply with the Criminal Justice (Scotland) Act 2016. The document is deemed to have been filed on the day it is received. Officers are appealing for witnesses after a 12-year-old boy was assaulted in Dalkeith. Once you have completed the form, which you can print off below, you need to return it to us along with copies of your identification documents to the following address: You can also email us a scanned copy of your application and forms of identification to this address: Once we have received your completed application and appropriate identification, we will deal with it as soon as possible and in any event, within 40 days. If you think that you may be a vulnerable witness, you should discuss this with the person citing you in a case. This is a requirement in almost, The third edition of the Standard Commercial Property Conditions was published on 27 April 2017 a, Drafting2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010, so a draftsman now need not be concerned to specify a perpetuity period. How to make a complaint to Police Scotland, how they are investigated and more. The protocol also contains styles of request form which may be used. This information is important to assist Redress Scotland to be satisfied that the application relates to abuse that occurred whilst the applicant was resident in relevant care settings. 105. 104. Different organisations are responsible for keeping different pieces of information about a case: why we are not investigating a crime or why we have stopped an investigation. The solicitor must certify that the witness:[24], understands the contents and approved them as accurate, understands the consequences of making a false statement, signed or made a mark in the presence of the solicitor, The wording of the solicitor's certification is set out in the Civil Procedure Rules.[25]. The Scottish Child Abuse Inquiry is wholly independent of both and is not able to have any involvement in the redress scheme. The witness should be clear about the sources of their information, so the court can identify which statements are made from the witness' own knowledge. There is a law about information for victims and witnesses this can be found in section 6 of the Victims and Witnesses (Scotland) Act 2014. The evidence of abuse required to support an application for an Individually Assessed Payments differs from that required to support an application for a Fixed Rate Payment in two important ways: firstly a more detailed statement is required and secondly, supporting documentation to establish the abuse to which the application relates, must also be submitted. [21] If the fax arrives after 4pm it will be deemed to have been received on the next day the court office is open. Standards of Service for Victims and Witnesses Annual Report 2020-2021 (PDF) Before exercising its discretion, Redress Scotland may ask case workers to request further information from the applicant and / or may ask the Scottish Government to require the provision of specified information, documents, objects, or other items of evidence from any other relevant person or body. These will have to be considered on a case by case basis. 64. 32. Solicitors have valuable experience in collecting and collating evidence to support actions in court, many of the same types of evidence will be relevant to applications for redress. When someone witnesses a crime happening and reports it to the police, it is often the case that they will be asked to provide a witness statement. It contains a sworn statement from the witness about the accuracy of the contents. A witness statement allows the court to consider evidence about the: relationship between the parties to the court proceedings. When writing both a statement or a precognition you need to make sure you are writing down your clients version of events. 91. In some circumstances, Redress Scotland may wish to invite the applicant to make oral representations. The witness may have additional supporting documents they wish to show the court. 76. 74. Courts are set up to provide a safe environment for witnesses and support the administration of justice in relation to the most serious criminal cases. Further information on the eligibility criteria of the redress scheme can be found in the eligibility guidance. The presumption of truth and accuracy is consistent with the non-adversarial approach to all aspects of the redress scheme and recognises the challenges for individuals having to disclose abuse and underlines our commitment to a trauma informed approach. A statement is a written account of what happened and can be used as evidence in court. Applicants are required to provide evidence of identity by providing a certified copy of one of these documents: 40. 10. Case workers will seek to verify the information provided by the applicant in relation to previous payments. The court first considers the seriousness of the non-compliance. Where required documentation is missing from the application, case workers may contact the applicant (or their chosen point of contact) in advance of submitting the application to Redress Scotland. The Crown Office and Procurator Fiscal Service (COPFS), the Scottish Courts and Tribunals Service (SCTS), Police Scotland and Victim Support Scotland (VSS) all recognise the important role that victims and witnesses have in securing effective and efficient justice for the people of Scotland. If the person who is citing you as a witness considers that you may be regarded as a vulnerable witness, they will usually discuss this with you, or arrange for a suitable person to discuss this with you. Donald Trump. Standards of Service for Victims and Witnesses Annual Report 2021-2022 (PDF) Youll always be a witness in your own employment tribunal case. 7. Witness evidence must be submitted in the form of a witness statement. The court can make an order giving directions to the claimant and defendant as part of its case management powers. Ben Quinn and Jim Waterson. Your cookie preferences have been saved. Applicants are encouraged, in so far as possible, to fully consider and submit all the potential sources of evidence available in their particular circumstances to support their application and assist Redress Scotland in making its determination. That risk needs to be assessed but it is not for the Scottish Ministers to assess it; or. Medical, social care or school records of the applicant from the period the applicant was in care; Medical records since leaving care, for example where an applicant has made reference to childhood abuse in relation to treatment for physical injury or psychological or psychiatric harm; Evidence of physical injury or psychological or psychiatric harm; Relevant medical, psychiatric or psychological assessments; Previous reports or disclosures to the police or to others; Previous statements or evidence given in other proceedings; Statements obtained by the applicant from third parties such as siblings or friends who were resident in the same care setting at the same time. Witness statements that are served on the claimant by post must be sent to the address on the claim form. 15. 28. A protocol (below) has been drawn up by Police Scotland, the Scottish Courts and Tribunals Service (SCTS) and the Crown Office and Procurator Fiscal Service (COPFS), as a guide for persons who wish information, to decide which organisation to ask, how to ask and what information you may be given. There are a number of ways in which Redress Scotland may obtain further information: 100. It is important that you do not influence what they say or make it look better on paper it should be their story, exactly as they would tell it. Section 36(3) of the Act provides that, in determining an application, the panel members must start with the presumption that any information provided by the applicant in respect of the application is true and accurate to the best of the applicant's knowledge and belief. This is a suggested outline for a written witness statement thats going to be exchanged with the other side and provided to the tribunal or precognition thats for your own preparation. 89. 103. However, where such evidence is available, applicants ought to consider obtaining and submitting it with their application. Notwithstanding these general requirements, there may be circumstances where one or more of the above is not submitted by the applicant, further guidance on this is set out below. If an applicant for redress submits their un-redacted Inquiry statement, or a copy of that, with their application for redress, it will be returned to the applicant.
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