[F168BExceptions to restrictions under section 68AS
(1)The sheriff hearing an application referred to in subsection (1) of section 68A of this Act may, on an application by any party to the proceedings, admit such evidence or allow such questioning as is referred to in subsection (2) of that section if satisfied that—
(a)the evidence or questioning will relate only to a specific occurrence or occurrences of sexual or other behaviour or to specific facts demonstrating—
(i)the character of the witness, or
(ii)any condition or predisposition to which the witness is or has been subject,
(b)that occurrence or those occurrences of behaviour or facts are relevant to establishing the ground of referral, and
(c)the probative value of the evidence sought to be admitted or elicited is significant and is likely to outweigh any risk of prejudice to the proper administration of justice arising from its being admitted or elicited.
(2)In subsection (1) above—
(a)the reference to an occurrence or occurrences of sexual behaviour includes a reference to undergoing or being made subject to any experience of a sexual nature,
(b)“the proper administration of justice” includes—
(i)appropriate protection of the witness’s dignity and privacy, and
(ii)ensuring the facts and circumstances of which the sheriff is made aware are relevant to an issue to be put before the sheriff and commensurate with the importance of that issue to the sheriff’s decision on the question whether the ground of referral is established.
(3)In this section, “the witness” means the child who is the subject of the application referred to in section 68A(1) or other witness in respect of whom the evidence is sought to be admitted or elicited.]
Textual Amendments
F1Ss. 68A, 68B inserted (S.) (1.4.2005) by Vulnerable Witnesses (Scotland) Act 2004 (asp 3), ss. 23, 25; S.S.I. 2005/168, art. 2, Sch. (with art. 4)