Protocol on witness statements

Purpose of the protocol

1.    The purpose of this protocol is to ensure that witnesses who are approached to give a statement of their evidence to the Inquiry (a “witness statement”) understand the process by which the Inquiry will seek to obtain witness statements from them.

2.    For the purposes of this protocol, a witness is anyone from whom a witness statement is taken by the Inquiry, regardless of whether they are also a core participant and regardless of whether they give evidence at a hearing.

Introduction

3.    To carry out its investigation effectively, the Emma Caldwell Inquiry needs to hear the evidence of witnesses who can speak to matters within the scope of the terms of reference.

4.    The Inquiry intends to take a trauma-informed approach in all its work, including when dealing with witnesses. The procedures outlined within this protocol may be varied to ensure that the Inquiry takes such an approach.

Interview

5.    Generally, individuals from whom a formal statement is required will be contacted by a member of the Inquiry team to make an appointment for an interview. The appointment will be confirmed in writing and will provide the name of the person who will be conducting the interview. Alternative means of liaising with witnesses and confirming interviews will be used where necessary to ensure that the Inquiry is taking a trauma-informed approach to obtaining statements.

6.    Witnesses will also be invited to let the Inquiry know about any accessibility, cultural, communication or trauma-related needs. This may include a preference for the sex of the interviewer (where reasonably practicable), the need for rest breaks, or any other reasonable adjustments that support the witness to feel safe and comfortable.

7.    Before each interview, witnesses will be provided with information explaining what to expect, including the approximate duration of the interview and how the session will be conducted. Witnesses will be provided with any documents required in advance of the interview taking place. They will be asked to familiarise themselves with the documents and the interviewer will refer to these documents during the interview. Witnesses will be advised that they may take breaks at any time, ask for clarification regarding a question or pause the interview if they feel distressed.

8.    With the witness’s agreement, the interview will be audio recorded. Any recordings and transcripts of the interview will be destroyed once the witness has given evidence, should they be cited to appear before the Inquiry. If the witness is not called to give evidence, the recordings and transcripts will be destroyed after the statement is published on the Inquiry website, with the inclusion of appropriate redactions in accordance with the Inquiry’s protocol for the redaction and disclosure of documents and the restriction order on anonymity.

9.    Following the interview, a full statement recording the witness’s evidence will be prepared.

10.    The witness will be given the opportunity to review the statement and confirm that the content accurately reflects their evidence before signing it. Should a witness wish to make a substantive change to their statement before signing, they may be asked to explain the change on the face of the statement or provide a supplementary statement.

11.    Everyone who provides a witness statement will be asked to sign it. If a witness dies or becomes incapable, either physically or mentally, before signing, the recording and transcript of their interview may be used in lieu of a signed statement.

12.    The witness statement will be evidence to the Inquiry. A witness cannot withdraw or change their statement once it has been signed. However, a witness can make a further statement if they want to add something.

13.    It is hoped that all persons identified by the Inquiry to give a witness statement will co-operate fully with the Inquiry, make themselves available for interview and give evidence at a hearing where that is considered appropriate. The preference of the Chair is to proceed in this manner. Should it not prove possible for the Inquiry to obtain all the information that it needs to carry out its task with the co-operation of a witness, the Chair does have power under section 21(2)(a) of the Inquiries Act 2005 to compel a person to provide evidence to the Inquiry. If an individual does not comply with such a requirement by the Chair, they may be found to have committed a criminal offence.

Rule 8 requests

14.    Under Rule 8 of the Inquiries (Scotland) Rules 2007, instead of interviewing an individual, the Chair may request that they prepare their own witness statement. Where the Inquiry proposes to take evidence from someone in this way, it will send that person a written request containing a list of questions for them to answer. A witness may request to prepare their own statement pursuant to Rule 8; however, the Inquiry’s preferred approach is for a witness to give an in-person interview.

15.    Where a witness has a recognised legal representative, the Rule 8 Request will be sent to that legal representative. The Inquiry will expect the witness to make a statement in his or her own words with the assistance of the recognised legal representative.

16.    The Rule 8 request will comprise a list of questions, touching on a number of matters or issues to be covered in the statement and a date or time by which the statement must be provided.

17.    In line with the Inquiry’s trauma-informed approach, where a witness finds the process of providing written responses to a Rule 8 request to be distressing, the Inquiry will consider reasonable adjustments such as clarification calls, staggered submission dates or an in-person interview to support the witness in completing a statement.

Publication of witness statements

18.    Once signed, the witness statement will be disclosed to core participants and their recognised legal representatives. We will publish the witness statements that we obtain on the Inquiry website, with the inclusion of appropriate redactions in accordance with the Inquiry’s protocol for the redaction and disclosure of documents and the restriction order on anonymity.

19.    The Inquiry may also disclose copies of any witness’s prior statements or precognitions, whether given to Strathclyde Police, Police Scotland or the Crown Office and Procurator Fiscal Service, to core participants participating in the oral hearings. We may also publish these prior statements on our website.

20.    Before publication on the website, or disclosure of a witness statement to core participants, some details in witness statements may be redacted (removed). This will include the redaction of any irrelevant personal data that is not an essential part of the witness statement. In many cases, we will have obtained personal data about a witness in the course of taking their witness statement. This personal data may, depending on the circumstances, include details about address, date of birth, contact details and occupation.

Restriction order on anonymity

21.    Certain groups of witnesses or “protected persons” will be granted anonymity automatically, as set out in the restriction order on anonymity. Further information on this can be found in the restriction order on anonymity Q&A.

22.    The Inquiry recognises that disclosure of sensitive information may cause distress. Where the Inquiry is legally required to share information, we will explain this clearly and in advance wherever possible and will give witnesses the opportunity to raise concerns or seek a restriction order, following the process outlined in the Inquiry’s restriction order application protocol.

Costs

23.    Interviewees can ask the Inquiry to pay for the reasonable costs of attending an interview. The protocol for witness expenses and loss of time is available to view on the Inquiry website.

Legal representation

24.    A witness may have a solicitor or another person present when giving a statement, provided that person is not a witness to the Inquiry and there is no possibility that the person will become a witness to the Inquiry in the future. Where a witness has advised the Solicitor to the Inquiry that he or she has appointed a solicitor to represent him/her for this purpose, the Chair will recognise that solicitor as the witness’s legal representative for the Inquiry, and the Inquiry team will communicate thereafter with the legal representative rather than the witness.

25.    A witness asked to provide a statement who intends to be accompanied by a solicitor and who intends to seek an award of funding for his/her legal representation should make an application for an award to the Inquiry team as soon as possible. Any witness who intends to seek such an award of funding should refer to the cost of legal representation protocol and the eligibility criteria outlined therein.

Giving evidence at a hearing

26.    The Inquiry will consider all statements obtained from witnesses. The evidence contained in statements will be evaluated in the same way as all other evidence. A statement itself may be sufficient without the need to call the witness to give evidence in person at a hearing. Accordingly, not all witnesses who provide statements will necessarily be required to give evidence at a hearing.

27.    All witnesses the Inquiry intends to call to give evidence at a hearing will be notified in advance of the hearing date by way of formal citation. A citation will be sent to a witness’s home address or to their legal representative if they have instructed one.

28.    Should a witness be called to give oral evidence and they require any adjustments to be made throughout their oral evidence they should contact the Inquiry’s hearing and witness team at HWT@emmacaldwellinquiry.scot to discuss this in more detail.

Our hearings and witness team

29.    The Inquiry’s hearings and witness team is available to help anyone giving a witness statement to the Inquiry or giving evidence at an Inquiry hearing.

30.    The hearings and witness team can provide information about what the Inquiry does and help witnesses with any forms they may need.

31.    The hearings and witness team can also provide witnesses with support before, during and after engagement with the Inquiry.

32.    The hearings and witness team can be contacted: 
- by email at: HWT@emmacaldwellinquiry.scot
- by post at: Emma Caldwell Inquiry, Victoria Quay, Leith, Edinburgh, EH6 6QQ.

Issued under authority of the Chair on 15 July 2026