PART 7General
Vulnerable witnesses at hearings46
1
In proceedings before the Statutory Committee, the following may, if the quality of their evidence is otherwise likely to be adversely affected, be treated as vulnerable witnesses—
a
any witness under the age of 18;
b
any witness with a mental disorder (within the meaning of the Mental Health (Northern Ireland) Order 198611);
c
any witness who is significantly impaired in relation to intelligence or social functioning;
d
any witness with a physical disability who requires assistance to give evidence;
e
any witness, where an allegation against a person concerned is of a sexual nature and the witness was the alleged victim; or
f
any witness who complains of intimidation.
2
Upon—
a
hearing representations from the parties; and
b
in relation to a health allegation, after seeking the advice of a legal adviser,
the Statutory Committee may adopt such measures as it considers necessary to enable it to receive evidence from a vulnerable witness.
3
Measures adopted by the Statutory Committee may include, but are not to be limited to—
a
use of video links;
b
subject to paragraph (4), use of pre-recorded evidence as the evidence-in-chief of a witness, provided always that the witness is present at the hearing or via video link for cross-examination and questioning; and
c
use of interpreters (including signers and translators).
4
Where—
a
there is an allegation against a person concerned of a sexual nature;
b
a witness is the alleged victim; and
c
the person concerned is not represented,
the person concerned is not to be allowed to cross-examine the witness directly in person.
5
In the circumstances set out in paragraph (4), any questioning of the witness is to be undertaken by such person as the Statutory Committee considers appropriate.