Parliament Workbench
Data: Motions & questions to 19 Nov 2026

Written Question · S7W-00195 · Session 7

What steps it is taking to ensure that female witnesses involved in serious criminal cases are provided with appropriate protections and su…

Answered Asked by Rachael Hamilton Con Lodged 20 May 2026

The question

To ask the Scottish Government what steps it is taking to ensure that female witnesses involved in serious criminal cases are provided with appropriate protections and support throughout court proceedings, including safeguards relating to single-sex spaces and facilities.

The answer

Answered by Neil Gray on 5 Jun 2026 · 16 days after it was lodged, on time

There are various measures in place to ensure that female witnesses involved in serious criminal cases are provided with appropriate protections and support throughout court proceedings.The Scottish Government recognises that some witnesses may find it difficult to give evidence and may be particularly vulnerable because of their circumstances or the nature of their evidence. The court can take extra steps
- called special measures
- to help vulnerable witnesses give the best evidence they can. Special measures can include giving evidence from behind a screen or remotely via a TV link to the court, to prevent the witness having to attend the court building. Further information on special measures is available at https://www.mygov.scot/witness/help-support.The Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 introduced a presumption that children and vulnerable witnesses in the most serious criminal cases should be able to have their evidence pre-recorded instead of testifying in court. Pre-recording evidence reduces the risk of re-traumatisation for witnesses and supports them to give their best possible evidence, earlier in the process and in a victim-centred way.The Scottish Government is rolling out the legislation in stages, to give the criminal justice system time to prepare and to make sure the right facilities are in place for witnesses
- and will extend the presumption to vulnerable adult witnesses in the most serious cases following the roll out to child witnesses. Vulnerable adult witnesses can still apply for their evidence to be taken in this way and accordingly, pre-recorded evidence is currently used a great deal for adult complainers of sexual offences, particularly in the High Court.Other sources of support include the Crown Office and Procurator Fiscal Service’s Victim Information and Advice (VIA) Service for all vulnerable victims and those involved in the most serious cases. The VIA service can provide information about how the justice process works, and on key court dates and decisions. It will also work with victims to understand if they would benefit from special measures when giving evidence. Furthermore, the Scottish Government provides funding to Victim Support Scotland (VSS) which provides the VSS Court Service. The VSS Court Service supports victims in a range of ways including through court familiarisation visits, virtual court tours, support in court and for writing a victim statement.Matters regarding the management of the court estate are, of course, for the Scottish Courts and Tribunals Service (SCTS) and the Lord President. In partnership with justice partners, SCTS is committed to clear standards of service for victims and witnesses (available at https://www.scotcourts.gov.uk/media/rvrdro0w/standards-of-service-for-victims-and-witnesses-2025-26.pdf). This includes ensuring that witnesses who require to attend court will be placed in witness rooms designated for prosecution or defence. In addition, toilet facilities within the SCTS buildings are clearly designated as male and female. Accessible toilet facilities are available and may be used by any individual, regardless of gender.

In the Official Report

No contribution in the Official Report cites S7W-00195 by reference.