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Vulnerable Witnesses (Scotland) Act 2004

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3Evidence of vulnerable witnesses at proofs in relation to victim statements

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After section 15 of the Criminal Justice (Scotland) Act 2003 (asp 7) there is inserted—

15AApplication of sections 271 to 271M of the 1995 Act in proofs ordered in relation to victim statements

(1)Sections 271 to 271M of the 1995 Act (which make provision as to the use of special measures for taking the evidence of vulnerable witnesses) apply in relation to a person who is giving or is to give evidence at or for the purposes of any proof ordered in relation to—

(a)a victim statement made by virtue of subsection (2) (or by virtue of that subsection and subsection (6)) of section 14 of this Act, or

(b)a statement made by virtue of subsection (3) of that section in relation to such a victim statement,

as they apply to a person who is giving or is to give evidence at, or for the purposes of, a trial.

(2)For that purpose, any reference in those sections to the trial or trial diet is to be read as a reference to the proof.

(3)Where—

(a)any person who is giving or is to give evidence at any proof ordered in relation to any such statement as is mentioned in subsection (1) above gave evidence at or for the purposes of any trial in respect of the offence to which the statement relates, and

(b)a special measure or combination of special measures was used by virtue of sections 271A, 271C or 271D of the 1995 Act for the purpose of taking the person’s evidence at the trial,

that special measure or, as the case may be, combination of special measures is to be treated as having been authorised, by virtue of the same section of the 1995 Act, to be used for the purpose of taking the person’s evidence at or for the purposes of the proof.

(4)Subsection (3) above does not affect the operation, by virtue of subsection (1) above, of section 271D of the 1995 Act..

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