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Vulnerable Witnesses (Scotland) Act 2004
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Vulnerable Witnesses (Scotland) Act 2004, Section 5 is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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5Expert evidence as to subsequent behaviour of complainerS
This section has no associated Explanatory Notes
After section 275B of the 1995 Act there is inserted—
“Expert evidence as to subsequent behaviour of complainerS
275CExpert evidence as to subsequent behaviour of complainer in certain cases
(1)This section applies in the case of proceedings in respect of any offence to which section 288C of this Act applies.
(2)Expert psychological or psychiatric evidence relating to any subsequent behaviour or statement of the complainer is admissible for the purpose of rebutting any inference adverse to the complainer’s credibility or reliability as a witness which might otherwise be drawn from the behaviour or statement.
(3)In subsection (2) above—
“complainer” means the person against whom the offence to which the proceedings relate is alleged to have been committed,
“subsequent behaviour or statement” means any behaviour or statement subsequent to, and not forming part of the acts constituting, the offence to which the proceedings relate and which is not otherwise relevant to any fact in issue at the trial.
(4)This section does not affect the admissibility of any evidence which is admissible otherwise than by virtue of this section.”.
Commencement Information
I1S. 5 in force at 1.4.2005 by S.S.I. 2005/168, art. 2, Sch. (with art. 4)
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