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Victims and Witnesses (Scotland) Act 2014

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13Objections to special measures: child and deemed vulnerable witnesses

Explanatory NotesShow EN

In section 271A of the 1995 Act (child witnesses)—

(a)after subsection (4), insert—

“(4A)Any party to the proceedings may, not later than 7 days after a vulnerable witness notice has been lodged, lodge with the court a notice (referred to in this section as an “objection notice”) stating—

(a)an objection to any special measure (other than a standard special measure) specified in the vulnerable witness notice that the party considers to be inappropriate, and

(b)the reasons for that objection.

(4B)The court may, on cause shown, allow an objection notice to be lodged after the period referred to in subsection (4A).

(4C)If an objection notice is lodged in accordance with subsection (4A) or (4B)—

(a)subsection (5)(a)(ii) does not apply to the vulnerable witness notice, and

(b)the court must make an order under subsection (5A).”,

(b)in subsection (5), for “later than 7” substitute “earlier than 7 days and not later than 14”, and

(c)in subsection (13), after “notice” insert “or an objection notice”.

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