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Vulnerable Witnesses (Scotland) Act 2004

Section 271I – Taking of evidence by a commissioner

33.This section enables evidence on commission to be used as a special measure for vulnerable witnesses. The court is empowered to appoint a commissioner to take the evidence of a vulnerable witness in advance of the trial.

34.The accused may only be present with the agreement of the court on special cause shown, but at least must be able to watch and listen by some means while the witness’s evidence is taken e.g. by a live TV link.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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