Victims and Witnesses (Scotland) Act 2014

16 Other vulnerable witnesses: assessment and application

(1) After section 271B of the 1995 Act, insert—

“271BA Assessment of witnesses

(1) This section applies where a party intends to cite a witness other than a child witness or a deemed vulnerable witness to give evidence at, or for the purposes of, a hearing in relevant criminal proceedings.

(2) The party intending to cite the witness must take reasonable steps to carry out an assessment under subsection (3).

(3) An assessment must determine whether the person—

(a) is likely to be a vulnerable witness, and

(b) if so, what special measure or combination of special measures ought to be used for the purpose of taking the person's evidence.

(4) In determining under subsection (3)(a) whether a person is likely to be a vulnerable witness the party must—

(a) take into account the matters mentioned in section 271(2),

(b) have regard to the best interests of the person, and

(c) take account of any views expressed by the person.”.

(2) In section 271C(1) of the 1995 Act (citation of vulnerable witnesses)—

(a) after “witness”, where it first occurs, insert “or a deemed vulnerable witness”, and

(b) before “considers” insert “and, having carried out an assessment under section 271BA,”.