PART XII Evidence

F1Special measures for child witnesses and other vulnerable witnesses

Annotations:
Amendments (Textual)
F1

Ss. 271-271M and preceding cross-heading substituted for s. 271 (1.4.2005, 30.11.2005, 1.4.2006. 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Vulnerable Witnesses (Scotland) Act 2004 (asp 3), ss. 1, 25; S.S.I. 2005/168, art. 2, Sch. (with savings in art. 4); S.S.I. 2005/590, art. 2, Sch. (with art. 4); S.S.I. 2006/59, art. 2, Sch. (with art. 4(1)); S.S.I. 2007/101, art. 2, Sch. (with art. 4); S.S.I. 2007/329, art. 2, Sch. (with art. 4); S.S.I. 2008/57, art. 2 (with art. 3)

C1C2271EF2Vulnerable witnesses: supplementary provision

1

Subsection (2) below applies where—

a

a party is considering for the purposes of a F3vulnerable witness notice or a vulnerable witness application which of the special measures is or are the most appropriate for the purpose of taking the evidence of the person to whom the notice or application relates, or

b

the court is making an order under section 271A(5)(a)(ii) or (b) or (9), 271C or 271D of this Act.

2

The party or, as the case may be, the court shall—

a

have regard to the best interests of the witness, and

b

take account of any views expressed by—

i

the witness (having regard, where the witness is a child witness, to the witness’s age and maturity), and

ii

where the witness is a child witness, the witness’s parent (except where the parent is the accused).

3

For the purposes of subsection (2)(b) above, where the witness is a child witness—

a

the witness shall be presumed to be of sufficient age and maturity to form a view if aged 12 or older, and

b

in the event that any views expressed by the witness are inconsistent with any views expressed by the witness’s parent, the views of the witness shall be given greater weight.

4

In this section—

  • “parent”, in relation to a child witness, means any person having parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995 (c. 36) in relation to the child witness,

  • “the witness” means—

    1. a

      in the case referred to in subsection (1)(a) above, the person to whom the notice or application relates,

    2. b

      in the case referred to in subsection (1)(b) above, the person to whom the order would relate.