Vulnerable Witnesses (Scotland) Act 2004 Explanatory Notes

1. Introduction

2. The Act

3. Commentary on Sections

   1. Part 1 – Criminal Proceedings

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

         1. Section 271 – Vulnerable witnesses: main definitions

         2. Section 271A – Child witnesses

         3. Section 271B – Further special provision for child witnesses under the age of 12

         4. Section 271C – Vulnerable witnesses other than child witnesses

         5. Section 271D – Review of arrangements for vulnerable witnesses

         6. Section 271E – Vulnerable witnesses: supplementary provision

         7. Section 271F – The accused

         8. Section 271G – Saving provision

         9. Section 271H – The special measures

         10. Section 271I – Taking of evidence by a commissioner

         11. Section 271J – Live television link

         12. Section 271K – Screens

         13. Section 271L – Supporters

         14. Section 271M – Giving evidence in chief in the form of a prior statement

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

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

      4. Section 4 – Evidence of identification prior to trial

      5. Section 5 – Expert evidence as to subsequent behaviour of complainer

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

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

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

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

      10. Section 10 - Application of vulnerable witness provisions to proceedings in the district court

   2. Part 2 – Civil Proceedings

      1. Section 11 – Interpretation of this Part

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

      3. Section 13 – Review of arrangements for vulnerable witnesses

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

      5. Section 15 – Vulnerable witnesses: supplementary provision

      6. Section 16 – Party to proceedings as a vulnerable witness

      7. Section 17 – Vulnerable witness: Crown application and saving provision

      8. Section 18 – The special measures

      9. Section 19 – Taking of evidence by a commissioner

      10. Section 20 – Live television link

      11. Section 21 – Screens

      12. Section 22 – Supporters

      13. Section 23 – Establishment of grounds of referral to children’s hearings: restrictions on evidence

          1. Section 68A – Restrictions on evidence in certain cases involving sexual abuse

          2. Section 68B – Exceptions to restrictions under section 68A

   3. Part 3 – Miscellaneous and General

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

4. Parliamentary History