Viewing a Joint Investigative Interview (JII)

When it becomes known that the Reporter will be relying on a JII in evidence and where the Reporter has not disclosed a copy of that DVD to you, then you will require to apply for sanction for unusual work for any travel costs associated with viewing this DVD. This applies to qualified and unqualified staff, counsel and any experts sanctioned in the case.

We accept that it is reasonable and necessary to view such a JII for the proper preparation of a case. However, it is not always considered reasonable and necessary to incur what can sometimes amount to extensive time and travel costs to view this.

The criminal case of HMA V AM and JM [2016] HCJAC 34 is of relevance here as it has equal application to a children’s case. This criminal appeal case concerned an order made by a judge at a preliminary hearing prior to a trial requiring the Crown to disclose evidence of the JII’s by providing the defence with copies of the discs. This appeal by the Crown was refused and it was held that, in terms of the Criminal Procedure (Scotland) Act 1995, intimation of a list of productions to the court had the effect of bringing the productions under the control of the court whether or not they have been lodged (although they remained physically in the possession of the Crown).  Therefore the issue was not one of disclosure but whether the defence should be allowed to remove the productions from the custody of the court. As the discs were to be used as the evidence in chief of the interviews with children it was difficult to conceive of a situation where the court would refuse an application to borrow them, albeit perhaps subject to conditions such as the viewing of the recording and its return to court.

If you wish to travel to view a JII at the Reporter’s office you need to address:

  • Where the Inventory of Productions referring to the JII recording has not yet been lodged with the court but intimated to you, why you consider that it would be more economical to travel to view the recording rather than to lodge a specification of documents application with the court asking the sheriff or judge to order SCRA to provide a copy of the recording to you.
  • Where the Inventory of Productions referring to the JII recording has been lodged with the court (even where the actual recording itself remains physically in the possession of SCRA) why you consider that it would be more economical to travel to view the recording rather than to make a motion in terms of Rule 50.5 of the Act of Sederunt (Child Care and Maintenance Rules) 1997 to borrow or obtain a copy of the recording from the court.
Taking precognitions in children’s hearings proof proceedings and disclosure of evidence by the Reporter
Reconsideration of sanction refusals or part grants

In this section

Procedures after legal aid is granted

What work requires prior sanction from us?

Find out what work needs our prior sanction.

Procedures after legal aid is granted

General guidance on sanction for counsel

Find guidance on sanction for counsel, including when using counsel is appropriate.

Procedures after legal aid is granted

Applying for sanction for counsel

Find out what information to provide when applying for sanction for counsel and what documentation to lodge with your application.

Procedures after legal aid is granted

Factors that may justify the employment of junior counsel

Find out what factors and considerations we will take into account when deciding whether to grant sanction for counsel.

Procedures after legal aid is granted

Sanction for senior counsel acting alone or with junior counsel in children’s court proceedings

Find out what factors we will consider in deciding whether to grant sanction for senior counsel.

Procedures after legal aid is granted

Instructing a solicitor advocate instead of an advocate

Find out whether a solicitor advocate can be instructed in children’s proceedings and how to apply for sanction to instruct a solicitor advocate.

Procedures after legal aid is granted

What work will sanction for counsel cover?

Find out what work will be covered if sanction is granted to instruct counsel for proofs, appeals, opinions and other hearings.

Procedures after legal aid is granted

When you need sanction to employ an expert

Find out when you need sanction to employ an expert including the difference between an expert witness and a witness as to fact.

Procedures after legal aid is granted

Applying for sanction to employ an expert

Find out how and when to apply for sanction including what supporting documentation to lodge and seeking leave from the court to lead expert evidence.

Procedures after legal aid is granted

Selecting an appropriate expert

Find out about how to identify a suitably qualified expert.

Procedures after legal aid is granted

Prior approval required for experts and limitations on their costs

Find out about what level of costs to apply for and what financial limitations we might impose on the amount of sanction granted for an expert witness.

Procedures after legal aid is granted

Sanction for unusual expenditure or work likely to involve unusually large expenditure

Find out what is considered to be unusual expenditure or work likely to involve unusually large expenditure and how to apply for sanction for such work.

Procedures after legal aid is granted

What information should be provided in support of an application for sanction for unusual expenditure or work likely to involve unusually large expenditure?

Find out what documents/information should be provided when applying for sanction for unusual expenditure or work likely to involve unusually large expenditure.

Procedures after legal aid is granted

Sanction for unusual work or work likely to incur unusually large expenditure – special measures for child witnesses and vulnerable adult witnesses

Find out whether you need sanction to use special measures to assist child and vulnerable adult witnesses.

Procedures after legal aid is granted

Taking precognitions in children’s hearings proof proceedings and disclosure of evidence by the Reporter

Learn about what information Reporters will disclose in proof proceedings, when sanction is needed before taking precognitions and joint or shared precognitions

Procedures after legal aid is granted

Reconsideration of sanction refusals or part grants

Find out whether you can ask us to reconsider a sanction application which has been refused or only granted in part.

Procedures after legal aid is granted

Changes of nominated solicitor and withdrawing from acting

Find out what to do if you want to stop acting for a client or take over acting for a client from another solicitor.