Concern over increased restrictions on public access to criminal
court proceedings
It has come to our attention that two trials at High Court, one
of which is currently ongoing at Edinburgh High Court, has seen
increased restrictions on public access.
In both trials, the public were and are excluded every time a
witness is called to give evidence of alleged assaults.
The Judicial Studies Board states clearly that the exclusion of
the public "must be justified as necessary for the avoidance
of the frustration of the administration of justice, or the rendering
of it impracticable."
One concern is that this practice will become automatic as a result
of the implementation of the Vulnerable Witnesses (Scotland) Act
2004, whether or not it is wholly justifiable.
It also draws attention to Article 6 of the European Convention
on Human Rights, which states that "everyone is entitled
to a fair and public hearing...".
We are concerned that this right is being compromised by using
the Vulnerable Witnesses (Scotland) Act 2004 to extend public
exclusion from court proceedings in cases where previously it
would not have been considered necessary or desirable to do so.
Are we going to see an extension of secrecy encroaching on the
criminal justice system to the same extent as it is in the family
courts?
Furthermore, we cannot see that continually disrupting the trial
in this manner is beneficial for either the defence or the prosecution.
We should also be aware that this may impact upon the publics
perception of the proceedings. There is concern that excluding
the public from hearing evidence given by the alleged victims
will alter the publics' perception of both the complainer and
the accused, and it is to be hoped that this is not a conscious
decision on the part of the Court.
Penny Campbell
FAAScotland
www.faascotland.co.uk
