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Children (Scotland) Act 2020
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5Vulnerable witnesses: requirement to consider special measures without application in certain cases
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(1)The Vulnerable Witnesses (Scotland) Act 2004 is modified as follows.
(2)In section 12 (orders authorising the use of special measures for vulnerable witnesses), after subsection (6) insert—
“(6A)If the witness is deemed to be a vulnerable witness by virtue of section 11B—
(a)before the proof or other hearing at which the witness is to give evidence the court must either—
(i)make an order under subsection (6) authorising the use of a special measure for the purpose of taking the witness’s evidence, or
(ii)make an order that the witness is to give evidence without the benefit of any special measure,
(b)the court is to do so whether or not a vulnerable witness application is made.”.
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