Victims, Witnesses, and Justice Reform (Scotland) Act 2025

Prospective

93 Ground rules hearings S

(1) In its application to proceedings in the Sexual Offences Court, the 1995 Act is modified in accordance with this section.

(2) Part 12 of the 1995 Act has effect as if—

(a) after section 271A, there were inserted—

“271AZA Vulnerable witness ground rules hearings

(1) Where a vulnerable witness is to give evidence at or for the purposes of any hearing in the course of proceedings in the Sexual Offences Court, the Court must fix a date of a hearing (to be known as a “vulnerable witness ground rules hearing”) for the purpose of preparing for the trial diet.

(2) The Judge of the Sexual Offences Court presiding over the vulnerable witness ground rules hearing must—

(a) ascertain how the vulnerable witness’s evidence is to be taken,

(b) make such order, if any, under—

(i) section 271A, 271C or 271D,

(ii) section 94(2) of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025,

as the Sexual Offences Court considers appropriate,

(c) ascertain the length of time the parties expect to take for examination-in-chief and cross-examination, including any breaks that may be required,

(d) to the extent that the Judge considers it appropriate to do so, decide on the form and wording of the questions that are to be asked of the vulnerable witness,

(e) if the Judge considers it appropriate to do so, authorise the use of a supporter at the hearing at which the vulnerable witness is to give evidence,

(f) if the Judge considers that there are steps that could reasonably be taken to enable the vulnerable witness to participate more effectively in the hearing at which the vulnerable witness is to evidence, direct that those steps be taken,

(g) subject to section 72(8), dispose of any application that—

(i) has been made under section 275(1), and

(ii) has not yet been disposed of by the Court,

(h) consider whether the hearing at which the vulnerable witness is to give evidence should take place on the date fixed by the Court and postpone the hearing if the Judge considers that it is in the interests of justice to do so having regard to all the circumstances, including—

(i) the way in which the vulnerable witness’s evidence is to be taken,

(ii) whether the parties are likely to be ready for the hearing to take place on the date fixed by the Court and if not, the reasons for that,

(iii) any views expressed by the parties on whether the hearing should be postponed, and

(iv) whether postponement is in the interests of the vulnerable witness, and

(i) consider and, if appropriate, make a decision on, any other matter that the Judge considers could be usefully dealt with before the hearing at which the vulnerable witness is to give evidence takes place.

(3) Reference in subsection (1) to a vulnerable witness includes a witness in respect of whom an order has been made under section 271C(5)(a) or (7).”,

(b) in section 271I—

(i) in subsection (1ZA), paragraph (b) were omitted,

(ii) subsections (1ZB), (1ZC) and (1ZD) were omitted,

(iii) in subsection (1A), for “ground rules hearing” there were substituted “vulnerable witness ground rules hearing”,

(iv) in subsection (7), for “person described in subsection (8) below.” there were substituted “Judge of the Sexual Offences Court.”,

(v) subsection (8) were omitted.

Commencement Information

I1 S. 93 not in force at Royal Assent, see s. 116(2)