The Nursing and Midwifery Council (Fitness to Practise) Rules Order of Council 2004

Vulnerable witnesses

23.—(1) In proceedings before the Conduct and Competence Committee or the Health Committee, the following may be treated as vulnerable witnesses—

(a) any witness under the age of 18;

(b) any witness with a mental disorder;

(c) any witness who is significantly impaired in relation to intelligence or social functioning;

(d) any witness with physical disabilities who requires assistance to give evidence;

(e) any witness, where the allegation against the registrant is of a sexual nature and the witness was the alleged victim; or

(f) any witness who complains of intimidation.

(2) After seeking the advice of the legal assessor, and upon hearing representations from the parties, the Committee may adopt such measures as it considers necessary to enable it to receive evidence from a vulnerable witness.

(3) Measures adopted by the Committee may include, but shall not 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 such witness is available at the hearing for cross-examination and questioning;

(c) use of interpreters (including signers and translators); and

(d) the hearing of evidence by the Committee in private.

(4) Where—

(a) the allegation against a registrant is sexual in nature;

(b) a witness is the alleged victim; and

(c) the registrant is not represented,

she shall not be allowed to cross-examine the witness directly in person.

(5) In the circumstances set out in paragraph (4), any questioning of the witness shall be undertaken by such person as the Committee considers appropriate.

(6) In this rule, “in private” means conducted in the presence of every party and any person representing a party, but otherwise excluding the public.