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

Prospective

95 Taking of evidence by a commissioner S

(1) Where an order is made under section 94(2)(a)(i) for the taking of evidence by a commissioner, the Sexual Offences Court must appoint a Judge of the Sexual Offences Court as commissioner to take the evidence of the vulnerable complainer.

(2) When appointing a commissioner under subsection (1), the Sexual Offences Court must fix a date for proceedings before the commissioner.

(3) Proceedings before a commissioner appointed under subsection (1) must, if the Sexual Offences Court so directs when authorising such proceedings or if it so directs at the vulnerable witness ground rules hearing, take place by means of a live television link between the place where the commissioner is taking, and the place from which the vulnerable complainer is giving, evidence.

(4) An audio-visual recording must be made of proceedings before a commissioner.

(5) An accused—

(a) may not, except by leave of the Sexual Offences Court on special cause shown, be present—

(i) in the room where the proceedings are taking place,

(ii) if the proceedings are taking place by means of a live television link, in the same room as the vulnerable complainer, but

(b) is entitled to watch and hear the proceedings by such means as the Sexual Offences Court considers appropriate.

(6) The recording of the proceedings made in accordance with subsection (4) is to be received in evidence without being sworn to by witnesses.

(7) Subsection (8) applies where a vulnerable complainer is to give evidence at or for the purposes of a hearing in the Sexual Offences Court.

(8) It is not necessary for an indictment to have been served before—

(a) a party may lodge a vulnerable witness notice under section 271A(2) of the 1995 Act (as it applies in relation to a vulnerable complainer giving evidence at or for the purposes of a hearing in the Sexual Offences Court by virtue of section 94(5)) which specifies the giving of the vulnerable complainer’s evidence by commissioner as the special measure or one of the special measures which the party considers to be the most appropriate for the purpose of taking the vulnerable complainer’s evidence in advance,

(b) the Sexual Offences Court may make an order under section 94(2)(a)(i), whether on its own or in combination with any other order,

(c) a court may appoint a commissioner under subsection (1),

(d) proceedings may take place before the commissioner appointed under subsection (1).

(9) Subject to subsection (10), sections 274, 275, 275B (except subsection (2)(b)), 275C, 288E and 288F of the 1995 Act apply in relation to proceedings before a commissioner in the Sexual Offences Court as they apply (by virtue of section 91(1)) in relation to a trial in the Sexual Offences Court.

(10) In the application of those sections in relation to proceedings before a commissioner in the Sexual Offences Court—

(a) the commissioner acting in the proceedings is to perform the functions of the court as provided for in those sections,

(b) references in those sections—

(i) except section 275(3)(c) and (7)(c), to a trial or a trial diet,

(ii) except sections 275(3)(e) and 288F(2), (3), and (4), to the court

are to be read accordingly.

Commencement Information

I1 S. 95 not in force at Royal Assent, see s. 116(2)