Challenge 7.10: How can technology reduce the impact of giving evidence in court by helping Victims & Witnesses prepare for the experience?

Key information for applicants

Please note: you must apply for this Challenge via Public Contracts Scotland

Launch date
Tuesday 31 May 2022

Questions may be submitted until
16:00, Tuesday 21 June 2022

Closing date
Midday, Tuesday 28 June 2022

Exploration Stage interviews
Thursday 28 July 2022

Exploration Stage
15 August to 2 September 2022

Accelerator interviews
Thursday 8 September 2022

Accelerator Stage
3 October 2021 to 27 January 2023

Maximum contract value
£650,000

What does this mean?

Q&A session

A live Q&A session was held with the Challenge Sponsor team on Monday 13 June 2022 at 15:00. A recording of the session can be viewed here:

Why does this Challenge need to be solved?

The Victims and Witness (Scotland) Act 2014 determines how and where a person provides evidence based on the crime type categorisation or age. For example, someone who is a victim of domestic abuse could be granted special measures such as a screen in court so they cannot see the accused whilst providing evidence and a Victim Support Scotland (VSS) supporter.

Whist the Victims and Witness (Scotland) Act 2014 can allow vulnerable witnesses to be granted special measures based on crime type categorisation or age, it does not allow the person choice of where and how evidence is provided.  This can be challenging for anyone giving evidence, and even more so for people who do not have English as a first language, and/or are neurodiverse, or disabled people. A key part of what we’re looking for, is a solution that has inclusivity at its heart and acknowledges the diversity of people affected by crime. A critical part of Victim Support Scotland’s strategy is for everyone to be treated with dignity and respect.

For many people affected by crime attending court and providing evidence can be perceived to be more traumatic than the crime itself. This can be attributed to the uniqueness of the experience (many of people will never have experienced a court room before, and have no familiarity with the legal processes and formalities involved), worries about potential conflict from the accused, the accused’s family/friends, the process of waiting to provide evidence and the delivery of evidence itself. This trauma can impede their ability to give their best evidence.

VSS offer court familiarisation visits within court buildings and at remote evidence locations prior to giving evidence. This early exposure to the court/ remote evidence setting together with the support for VSS can help reduce traumatisation/ re-traumatisation, avoidance, alleviate fears, anxieties and encourage confidence of people affected by crime.

However, the person affected by crime may not have a choice or accessible means to attend a court familiarisation visit prior to giving evidence due to court capacity or trial court location. Victims and Witnesses may, on occasion be required to traverse significant distance to attend a court building for trial, rendering the option of a pre-trial familiarisation visit unlikely or troublesome and costly.  Factors that remove choice of when/ where Court Familiarisation Visits are conducted:

• Some court/ remote evidence buildings only open for scheduled diets.

• Increased trial capacity has seen a reduction in availability of court/ remote evidence rooms to conduct visits.

• Where a Court Familiarisation Visit has been arranged, the time available for the visit can be restricted due to the pressure on courts to increase trial capacity.

• Court/ remote sites where evidence is provided can be in hard-to-reach locations.

• Often court/ remote locations require prior notification of visits to be conducted.

This Challenge looks to address what can be a traumatic experience of giving evidence, and to give Victims and Witnesses confidence and allay anxieties. Removing the ‘unknown’ from the process, as much as possible, is a key part in addressing this. We believe that courtroom familiarisation, as described above, is a key part of this.

However, there are other dimensions that we are keen to see explored by applicants to this Challenge. Victims and Witnesses sometimes attend a live trial to submit evidence in-person, but other times can be granted Special Measures wherein they can deliver evidence remotely to a live trial, or by a prior recorded statement. The solution to this Challenge must also address the hybrid evidence giving process. Courtroom familiarisation is obviously a key part of this Challenge, but this sits within a much wider context wherein Victims and Witnesses need to be provided with an overall preparation for the experience of giving evidence, and emotional support.

It is envisaged that a solution to this Challenge will not sit separately from the support provided by VSS, but rather enhance it and work alongside the work undertaken by VSS staff and volunteers.  It is envisaged that a solution can be used together by both VSS staff/ volunteers and the Victims and Witnesses they support, as they prepare them for the experience.  It is important that this product has an active role for both VSS staff and the Victims and Witnesses they support.

How will we know the Challenge has been solved?

People affected by crime will:

• Will feel more confident/ informed pre-evidence.

• Will see a reduction in their anxiety and fear.

• Outcomes post trial will be no change or better.

• Will Feel more empowered concluding evidence.

Victim Support Scotland (VSS) Volunteers:

• Will feel more skilled in the support they provide and offer a tailored support solution to meet the needs of those affected by crime.

Who are the end users of the solution likely to be?

Depending on the nature of the proposed solutions, end-users may potentially include:

• People affected by crime (Victims, Witnesses, Families)

• Victim Support Scotland Volunteers

• Scottish Courts and Tribunals Service (SCTS)

• Crown Office and Procurator Fiscal Service (COPFS)

• Police Scotland

• Other support agencies

Has the Challenge Sponsor attempted to solve this problem before?

VSS access to familiarisation sites can be limited due to competing demands on court room time. Thanks to our colleagues at Scottish Courts and Tribunals Service we are able to offer court familiarisation visits to people which is the ideal however this is not always appropriate for various reasons; an example of where it may not be appropriate would be that people may live quite a distance from where they will give evidence, if they are employed, they may have to take time off of work and travel quite a distance, as such people often decline the offer of a Courtroom Familiarisation Visit and the first time they are in a court environment is on the day they are due to give their evidence. 

VSS Virtual Court Room 360 Tours have been available on the VSS Website since July 2021. The tour pages have received over 3000 visitors to date – this resource is valuable and helpful, but doesn’t fully solve the Challenge as it can give only basic information (e.g. who sits where) and not address other factors that affect the evidence-giving experience on the day (e.g. who will speak to who, what will be expected of witnesses). This tool is used by Victims and Witnesses separate from their VSS support, and doesn’t fully address the evidence giving process.

Are there any interdependencies or blockers?

• Complexities of the current justice system and number of different agencies involved

• Balancing the needs of victims & witnesses with the requirements of the current justice process and demands on court infrastructure

• Working within a system which can be perceived as slow to change

• Implementation of a trauma informed workforce across Scotland

• Office configuration and environment

•  Whilst we are open to ideas for a range of possible solutions, ideally VSS would like to use the resulting product prior to the trial from local VSS that are local to the people they support, and at a time that suits them - this would the gold standard of service and support we are looking to provide, it would help reduce re-traumatisation and aid people to give their best evidence.

Will a solution need to integrate with any existing systems or equipment?

Depending on the nature of the proposed solution, a solution may need to integrate with existing tools and websites.

Is this part of an existing service?

This proposal is an additional tool to support the work of Victim Support Scotland in providing additional choice and trauma responsive support to those affected by crime that are required to give evidence in a criminal trial.

Any technologies or features the Challenge Sponsor wishes to explore or avoid?

A solution to part of this problem may utilise VR/AR, and we’re open to applications that utilise this, however applicants should consider how this would work in the long term for VSS and our user base, and ensure that the other parts of the Challenge are addressed – we are also completely open to proposals that don’t use this technology or may or may not wish to make use of the existing 360 virtual tours, bearing in mind the constraints mentioned above.   

Immersive technology experience can have applied health benefits in the reduction of symptoms related to anxiety (Freeman et al., 2017). Systematic review of immersive experience technology and the reduction of on anxiety has highlighted the efficacy of this technology as equivalent to face-to-face experiences, with real word transferability. (Freeman et al., 2017).

What is the commercial opportunity beyond a CivTech contract?

A successful solution could be used when environments have similar requirements, for example other charities that engage with the courts – in Scotland and beyond.

Who are the stakeholders?

Depending on the nature of the proposed product, stakeholders may include the following groups/ organisations:

• People affected by crime (Victims, Witnesses, Families)

• Scottish Courts and Tribunals Service (SCTS)

• Crown Office and Procurator Fiscal Service (COPFS)

• Police Scotland

• Victim Support Scotland Volunteers

• Other support agencies

• Judiciary

Who’s in the Challenge Sponsor team?

Subject Matter Experts in VSS and Scottish Government.

What is the policy background to the Challenge?

The Victims and Witness (Scotland) Act 2014