Vulnerable witnesses

I116Other vulnerable witnesses: assessment and application

1

After section 271B of the 1995 Act, insert—

271BAAssessment of witnesses

1

This section applies where a party intends to cite a witness other than a child witness or a deemed vulnerable witness to give evidence at, or for the purposes of, a hearing in relevant criminal proceedings.

2

The party intending to cite the witness must take reasonable steps to carry out an assessment under subsection (3).

3

An assessment must determine whether the person—

a

is likely to be a vulnerable witness, and

b

if so, what special measure or combination of special measures ought to be used for the purpose of taking the person's evidence.

4

In determining under subsection (3)(a) whether a person is likely to be a vulnerable witness the party must—

a

take into account the matters mentioned in section 271(2),

b

have regard to the best interests of the person, and

c

take account of any views expressed by the person.

2

In section 271C(1) of the 1995 Act (citation of vulnerable witnesses)—

a

after “witness”, where it first occurs, insert “ or a deemed vulnerable witness ”, and

b

before “considers” insert “ and, having carried out an assessment under section 271BA, ”.