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Royal arms

Vulnerable Witnesses (Scotland) Act 2004

2004 asp 3

CONTENTS

  1. Part 1

    Criminal proceedings

    1. Evidence of children and other vulnerable witnesses: special measures

      1. 1. Evidence of children and other vulnerable witnesses: special measures

      2. 2. Consideration before the trial of matters relating to vulnerable witnesses

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

    2. Evidence of identification prior to trial

      1. 4. Evidence of identification prior to trial

    3. Expert evidence as to subsequent behaviour of complainer

      1. 5. Expert evidence as to subsequent behaviour of complainer

    4. Prohibition of personal conduct of defence in cases involving vulnerable witnesses

      1. 6. Prohibition of personal conduct of defence in cases involving vulnerable witnesses

      2. 7. Special pre-trial procedures for ascertaining in such cases whether accused has engaged a solicitor

    5. Prohibition on accused personally precognoscing children under 12

      1. 8. Prohibition of precognition by accused in person of child witnesses under 12 in cases to which section 288E applies

    6. Pre-trial procedure in sheriff court summary proceedings

      1. 9. Summary proceedings in sheriff court: pre-trial procedure where no intermediate diet is fixed

    7. Proceedings in the district court

      1. 10. Application of vulnerable witnesses provisions to proceedings in the district court

  2. Part 2

    Civil proceedings

    1. Evidence of children and other vulnerable witnesses: special measures

      1. 11. Interpretation of this Part

      2. 12. Orders authorising the use of special measures for vulnerable witnesses

      3. 13. Review of arrangements for vulnerable witnesses

      4. 14. Procedure in connection with orders under sections 12 and 13

      5. 15. Vulnerable witnesses: supplementary provision

      6. 16. Party to proceedings as a vulnerable witness

      7. 17. Crown application and saving provision

      8. 18. The special measures

      9. 19. Taking of evidence by a commissioner

      10. 20. Live television link

      11. 21. Screens

      12. 22. Supporters

    2. Establishment of grounds of referral to children’s hearings: restrictions on evidence

      1. 23. Establishment of grounds of referral to children’s hearings: restrictions on evidence

  3. Part 3

    Miscellaneous and general

    1. Abolition of the competence test

      1. 24. Abolition of the competence test for witnesses in criminal and civil proceedings

    2. Commencement and short title

      1. 25. Commencement and short title

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 4th March 2004 and received Royal Assent on 14th April 2004

An Act of the Scottish Parliament to make provision for the use of special measures for the purpose of taking the evidence of children and other vulnerable witnesses in criminal or civil proceedings; to provide for evidential presumptions in criminal proceedings where certain reports of identification procedures are lodged as productions; to make provision about the admissibility of expert psychological or psychiatric evidence as to subsequent behaviour of the complainer in criminal proceedings in respect of certain offences; to prohibit persons charged with certain offences from conducting their own defence at the trial and any victim statement proof where a child witness under the age of 12 is to give evidence at the trial; to enable the court to prohibit persons from conducting their own defence at the trial and any victim statement proof in other criminal proceedings in which a vulnerable witness is to give evidence; to prohibit persons charged with certain offences from seeking to precognosce personally a child under the age of 12; to make provision about the admissibility of certain evidence bearing on the character, conduct or condition of witnesses in proceedings before a sheriff relating to the establishment of grounds of referral to children’s hearings; to abolish the competence test for witnesses in criminal and civil proceedings; and for connected purposes.

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