Evidence given by witnesses could be filmed and then shown in court in an to end witnesses changing their story or forgetting details in court according to a new legal report. 

The new video system could be used instead of an attempt to recall what happened many months later in court. The review into the Scottish court system headed by Lord Justice Clerk suggested “digital technology could be used to capture and present the testimony of witnesses in advance of the trial.”

Evidence and Procedure Review Report

The Scottish Court Service (SCS) Evidence and Procedure review into the criminal justice system and the way witnesses are questioned urged the criminal system to keep pace with the changes in the digital world. 

The report read: “There are benefits in the ability to schedule the recording of witness statements and examination for the courts, for witnesses and jurors and the parties; there are efficiencies in the final trial deriving from a procedure that means original statements are edited and appropriate controls placed on cross-examination.

“And, critically, there is every reason to think that the evidence gathered and presented will be more accurate and reliable if taken substantially closer to the incidents in question than the trial diet - in other words, it will make a positive contribution to the ascertainment of the truth.”

Witnesses in some cases have been given training on how a defence lawyer may question or cross reference them.

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