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.