- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Subsection (2) below applies where—
(a)a party is considering for the purposes of a child 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 12(1) or (6) or 13(2).
(2)The party or, as the case may be, the court must—
(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.
(3)For the purposes of subsection (2)(b) above, where the witness is a child witness—
(a)the witness is to 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 are to 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—
in the case referred to in subsection (1)(a) above, the person to whom the child witness notice or vulnerable witness application relates,
in the case referred to in subsection (1)(b) above, the person to whom the order would relate.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: