§ Mr. WilsonTo ask the Secretary of State for Scotland (1) if he will make it his policy that the identities of all witnesses as to fact in a criminal investigation which leads to proceedings by way of complaint or indictment are disclosed to an accused person facing trial in a sheriff court or the High Court of Justiciary;
(2) if he will make it his policy to accept the principle of full disclosure of evidence to the defence in criminal cases.
§ Lord James Douglas-HamiltonIn Scotland, disclosure of the case for the prosecution is achieved by providing the defence with a list containing the names and addresses of witnesses who may be called to give evidence. The defence is then entitled to obtain statements from these witnesses. In summary cases, copies of all police witness statements are given to the defence on request.
An experiment in the provision of some civilian witness statements is being conducted in Paisley. In cases prosecuted on indictment, the accused will also have a list of productions served on him. The production will be lodged in court prior to the trial diet, and they may be examined by the accused or his represenative prior to the trial.
My noble and learned Friend the Lord Advocate confirms that the policy of the Crown in Scotland is to disclose to the defence any information which supports the defence, even though it may be damaging to the prosecution case. Procurators fiscal are also instructed to provide assistance to the defence if it is necessary to enable witnesses for the defence to be traced. The overall aim is to ensure that the true facts of any case are laid before the judge or jury.