[F1271BFurther special provision for child witnesses under the age of 12S
(1)This section applies where a child witness—
(a)is to give evidence at, or for the purposes of, [F2a hearing in relevant criminal proceedings] in respect of any offence specified in subsection (2) below, and
(b)is under the age of 12 on the date of commencement of the proceedings in which [F3the hearing] is being or to be held.
(2)The offences referred to in subsection (1)(a) above are—
(a)murder,
(b)culpable homicide,
(c)any offence to which section 288C of this Act applies,
(d)any offence which involves an assault on, or injury or a threat of injury to, any person (including any offence involving neglect or ill-treatment of, or other cruelty to, a child),
(e)abduction, and
(f)plagium.
(3)Where this section applies, the court shall not make an order under section 271A or 271D of this Act which has the effect of requiring the child witness to be present in the court-room or any part of the court building in which the court-room is located for the purpose of giving evidence unless satisfied—
(a)where the child witness has expressed a wish to be so present for the purposes of giving evidence, that it is appropriate for the child witness to be so present for that purpose, or
(b)in any other case, that—
(i)the taking of the evidence of the child witness without the child witness being so present would give rise to a significant risk of prejudice to the fairness of [F4the hearing] or otherwise to the interests of justice, and
(ii)that risk significantly outweighs any risk of prejudice to the interests of the child witness if the order is made.]
Textual Amendments
F1Ss. 271-271M and preceding cross-heading substituted for s. 271 (1.4.2005, 30.11.2005, 1.4.2006. 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Vulnerable Witnesses (Scotland) Act 2004 (asp 3), ss. 1, 25; S.S.I. 2005/168, art. 2, Sch. (with savings in art. 4); S.S.I. 2005/590, art. 2, Sch. (with art. 4); S.S.I. 2006/59, art. 2, Sch. (with art. 4(1)); S.S.I. 2007/101, art. 2, Sch. (with art. 4); S.S.I. 2007/329, art. 2, Sch. (with art. 4); S.S.I. 2008/57, art. 2 (with art. 3)
F2Words in s. 271B(1)(a) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 87(4)(a), 206(1); S.S.I. 2011/178, art. 2, sch.
F3Words in s. 271B(1)(b) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 87(4)(b), 206(1); S.S.I. 2011/178, art. 2, sch.
F4Words in s. 271B(3)(b)(i) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 87(4)(c), 206(1); S.S.I. 2011/178, art. 2, sch.
Modifications etc. (not altering text)
C1Ss. 271-271M applied by Criminal Justice (Scotland) Act 2003 (asp 7), s. 15A (as inserted (1.4.2005, 30.11.2005, 1.4.2006, 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Vulnerable Witnesses (Scotland) Act 2004 (asp 3), ss. 3, 25; S.S.I. 2005/168, art. 2, Sch. (with savings in art. 4); S.S.I. 2005/590, art. 2, Sch. (with art. 4); S.S.I. 2006/59, art. 2, Sch. (with art. 4); S.S.I. 2007/101, art. 2, Sch. (with art. 4); S.S.I. 2007/329, art. 2, Sch. (with art. 4)); S.S.I. 2008/57, { art. 2} (with art. 3)