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Coronavirus (Scotland) Act 2020
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PART 5Evidence
Exceptions to the rule that hearsay evidence is inadmissible
11(1)The Criminal Procedure (Scotland) Act 1995 applies in accordance with the modifications in this paragraph.
(2)Section 259 (exceptions to the rule that hearsay evidence is inadmissible) has effect as if—
(a)in subsection (1)(a), for “subsection (2)” there were substituted “subsection (2) or (2A)”,
(b)after subsection (2) there were inserted—
“(2A)The reasons referred to in paragraph (a) of subsection (1) also include that—
(a)to have the person who made the statement physically attend the trial would give rise to a particular risk—
(i)to the person’s wellbeing attributable to coronavirus, or
(ii)of transmitting coronavirus to others, and
(b)it is not reasonably practicable for the person to give the evidence in any other competent manner.”,
(c)in subsection (3), after “subsection (2)” there were inserted “or in subsection (2A)”,
(d)in subsection (4), after “subsection (2)” there were inserted “or in subsection (2A)”,
(e)after subsection (10) there were inserted—
“(11)In subsection (2A), “coronavirus” has the meaning given by section 1 of the Coronavirus (Scotland) Act 2020.”.
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