INTERESTING INFORMATION REGARDING THE JUSTICE SYSTEM.

Wrongly Accused Person

REVEALING WHAT IS ALREADY KNOWN BY THOSE WHO DON'T WANT YOU TO KNOW!

The following report has been highlighted on the site before. It details how expert witnesses, while assumed unfallible, are often influenced by information which is outside their area of expertise and how they contribute to wrongful convictions rather than prevent them.

Article by Times:- INDEPENDENT LAW COMMISSIONS REPORT       < READ THE FULL REPORT HERE>

They now invite responses to their findings, email expert.evidence@lawcommission.gsi.gov.uk if you know of any details regarding expert witnesses which could influence the outcome of their final report to parliament!

THE FREEDOM OF INFORMATION SCOTLAND ACT (2002)

Paragraphs 34 & 35 detail exactly what information is releasable during an investigation and to whom. Clearly if you are unsure you should contact your solicitor but if you think information is being release which could be prejudicing you or a loved one's chances of a fair trial its well worth a read. It's available right here >  <FOISA 2002>

PUBLICLY AVAILABLE CROWN OFFICE CIRCULAR (2/2008) - ALL STAFF

This document (COPFS1) clarifies the responsibilities of all COPFS staff under the Freedom of Information (Scotland) Act 2002 and was circulated to all staff in February 2008. It refers to the above mentioned paragraphs related to investigative or pregognition work, particularly but not solely with regard to information afforded to witnesses and the effect it could have on an accused person receiving a fair trial. Again you should consult your solicitor immediately if you suspect these commitments are not being met.

GUIDANCE ON CHILD INTERVIEWS

This Guidance on Interviewing Child Witnesses in Scotland is the first in a series of guidance documents on Child Witness Support. It aims to set standards of practice which will significantly improve the quality of investigative interviews of child witnesses. This details how child witnesses interviews should be conducted, the need for planning before the event, observation of the childs usual routine and the need to use recording mediums rather than written accounts alone citing "confirmation bias" as a problem in this area. You can read the report here > < Child Interviews >. Interviews can be conducted by police officials, procurator fiscals or the social work department or in some cases a combination of all three. Regardless of who is the interviewing party they have a responsibility to follow these guidelines to ensure the child's best interests are maintained at all times. Again should you suspect that interviews have not been conducted in accordance with these guidelines you should contact your solicitor immediately. We would like to think that the most vulnerable of our society would be treated most appropriately but you very well might find that they are not!

REPORT ON THE USE OF BAIL AND REMAND

This report by The Sentencing Commission For Scotland discusses the irregular use of bail and critisises how when accused people are remanded unnecessarily they become pigeon holed as criminals before the case against them has even been fully prepared. As a result witnesses can be persuaded of guilt simply due to the assumption that there must be a reason for his/her remand and there testimonies will inevitably become influenced by this alone. It is also recognised in the legal profession that an accused person who appears in court from bail has a better chance of a fair trial as a result of the same assumtion.