Search Legislation

Vulnerable Witnesses (Scotland) Act 2004

What Version

 Help about what version

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Vulnerable Witnesses (Scotland) Act 2004, Section 2. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

2Consideration before the trial of matters relating to vulnerable witnessesS

This section has no associated Explanatory Notes

(1)In section 71 (first diet of proceedings on indictment in the sheriff court) of the 1995 Act—

(a)after subsection (1) there is inserted—

(1A)At a first diet, the court shall also—

(a)ascertain whether subsection (1B) below applies to any person who is to give evidence at or for the purposes of the trial or to the accused, and

(b)if so, consider whether it should make an order under section 271A(7) or 271D(2) of this Act in relation to the person or, as the case may be, the accused.

(1B)This subsection applies—

(a)to a person who is to give evidence at or for the purposes of the trial if that person is, or is likely to be, a vulnerable witness,

(b)to the accused if, were he to give evidence at or for the purposes of the trial, he would be, or would be likely to be, a vulnerable witness.,

(b)in subsection (2), after “(1)” there is inserted “ and (1A) ”, and

(c)in subsection (3), after “(1)” where it first occurs there is inserted “ , (1A) ”.

(2)In section 73 (procedure at preliminary diets in the High Court) of the 1995 Act—

(a)after subsection (3) there is inserted—

(3A)At a preliminary diet, the court shall also—

(a)ascertain whether subsection (3B) below applies to any person who is to give evidence at or for the purposes of the trial or to the accused, and

(b)if so, consider whether it should make an order under section 271A(7) or 271D(2) of this Act in relation to the person or, as the case may be, the accused.

(3B)This subsection applies—

(a)to a person who is to give evidence at or for the purposes of the trial if that person is, or is likely to be, a vulnerable witness,

(b)to the accused if, were he to give evidence at or for the purposes of the trial, he would be, or would be likely to be, a vulnerable witness., and

(b)in subsection (4), for “under subsection (3)” there is substitute “ or consider under subsection (3) or (3A) ”.

(3)After section 73 of the 1995 Act there is inserted—

73AConsideration of matters relating to vulnerable witnesses where no preliminary diet is ordered

(1)Where, in a case which is to be tried in the High Court, no preliminary diet is ordered, the court shall, at the trial diet before the first witness is sworn—

(a)ascertain whether subsection (2) below applies to any person who is to give evidence at or for the purposes of the trial or to the accused, and

(b)if so, consider whether it should make an order under section 271A(7) or 271D(2) of this Act in relation to the person or, as the case may be, to the accused.

(2)This subsection applies—

(a)to a person who is to give evidence at or for the purposes of the trial if that person is, or is likely to be, a vulnerable witness,

(b)to the accused if, were he to give evidence at or for the purposes of the trial, he would be, or would be likely to be, a vulnerable witness.

(3)At the trial diet, the court may ask the prosecutor and the accused any question in connection with any matter which it is required to ascertain or consider under subsection (1) above..

(4)In section 74 (appeals in connection with preliminary diets) of the 1995 Act, in subsection (2), after paragraph (a) there is inserted—

(aa)may not be taken against a decision taken by virtue of—

(i)in the case of a first diet, section 71(1A),

(ii)in the case of a preliminary diet, section 73(3A),

of this Act;.

(5)In section 148 (intermediate diet in summary proceedings) of the 1995 Act—

(a)after subsection (1) there is inserted—

(1A)At an intermediate diet in summary proceedings in the sheriff court, the court shall also—

(a)ascertain whether subsection (1B) below applies to any person who is to give evidence at or for the purposes of the trial or to the accused, and

(b)if so, consider whether it should make an order under section 271A(7) or 271D(2) of this Act in relation to person or, as the case may be, the accused.

(1B)This subsection applies—

(a)to a person who is to give evidence at or for the purposes of the trial if that person is, or is likely to be, a vulnerable witness,

(b)to the accused if, were he to give evidence at or for the purposes of the trial, he would be, or would be likely to be, a vulnerable witness., and

(b)in subsection (4), at the end there is inserted “ or for the purpose of ascertaining or considering any matter mentioned in subsection (1A) above ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 2(1)(4) in force at 1.4.2005 for specified purposes by S.S.I. 2005/168, art. 2, Sch. (with art. 4)

I2S. 2(1)(4) in force at 1.4.2006 for specified purposes by S.S.I. 2006/59, art. 2, Sch. (with art. 4)

I3S. 2(1)(4)(5) in force at 1.4.2008 in so far as not already in force by S.S.I. 2008/57, art. 2 (with art. 3)

I4S. 2(5) in force at 1.4.2007 for specified purposes by S.S.I. 2007/101, art. 2, Sch. (with art. 4)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources