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,
”
.