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Vulnerable Witnesses (Scotland) Act 2004

Section 4 – Evidence of identification prior to trial

46.This section inserts a new section 281A into the Criminal Procedure (Scotland) Act 1995. Subsection (1) of the new section provides that if the witness has previously identified the accused in an identification procedure before the start of the trial, then there is no need for the witness to make a dock identification at the trial. A report is lodged instead, naming the person the witness has identified in the procedure as the accused.

47.Subsection (2) of the new section states that a prosecutor has to serve a copy of the report and a notice on the accused, at least 14 clear days before the start of the trial, showing he or she intends to rely on this evidence in court. The accused has no more than 7 days after receiving the notice to say if he or she intends to challenge the report. In special circumstances the court may allow extra time for the accused to challenge the report.

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills


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