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Vulnerable Witnesses (Scotland) Act 2004

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

61.Section 8 inserts new subsections (6) and (7) into section 291 of the Criminal Procedure (Scotland) Act 1995. These subsections provide that in cases where an accused is prohibited from conducting his own defence as a result of the automatic ban relating to child witnesses under 12, he cannot personally precognosce the child witness.

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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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