Search Legislation

Vulnerable Witnesses (Scotland) Act 2004

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

40.Subsections (1) and (2) allow for a previous statement made by a vulnerable witness and which has been reliably recorded on video or in some other way to be used as their main evidence without the need for the witness having to adopt the statement.

41.Section 260 of the Criminal Procedure (Scotland) Act 1995 Act already allows prior statements to be admitted as evidence in criminal proceedings, but subsection (2) of section 260 requires that during the course of the proceedings the witness must confirm in court that the statement was made by him or herself and is adopted as evidence.

42.Subsection (3) of section 271M enables the provisions already contained in section 260 of the 1995 Act to also apply to statements lodged in evidence under this section, by making some minor modifications to section 260, principally to ensure that the witness does not have to adopt the statement.

Back to top


Print Options


Explanatory Notes

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.


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources