Explanatory Notes

Vulnerable Witnesses (Scotland) Act 2004

2004 asp 3

14 April 2004

Commentary on Sections

Part 2 – Civil Proceedings

Section 19 – Taking of evidence by a commissioner

80.This section enables evidence on commission to be used as a special measure for vulnerable witnesses. The court is empowered to appoint a commissioner to take the evidence of a vulnerable witness in advance of the proof or other hearing.

81.Parties to the proceedings may only be present with the agreement of the court but at least must be able to watch and listen by some means while the witness’s evidence is taken e.g. by a live TV link.