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

Prospective

97 Giving evidence in the form of a prior statement S

(1) This section applies where an order is made under section 94(2)(a)(iii) for the giving of evidence by the vulnerable complainer in the form of a statement made in advance of a hearing (“a vulnerable complainer’s prior statement”).

(2) A vulnerable complainer’s prior statement which is lodged in evidence by or on behalf of the prosecution in accordance with this section is admissible as the vulnerable complainer’s evidence in chief, or as part of the vulnerable complainer’s evidence in chief, without the vulnerable complainer being required to adopt or otherwise speak to the statement in giving evidence in the Sexual Offences Court.

(3) Subject to subsection (4) a vulnerable complainer’s prior statement—

(a) is admissible as evidence of any matter stated in it of which direct oral evidence by the vulnerable complainer would be admissible if given in the course of proceedings,

(b) does not require to be included in any list of productions lodged by the prosecutor.

(4) A vulnerable complainer’s prior statement is not admissible under this section unless—

(a) the statement is contained in a document,

(b) at the time the statement was made, the vulnerable complainer would have been a competent witness in the proceedings.

(5) Subsection (4) does not apply to a vulnerable complainer’s prior statement which is sufficiently authenticated and—

(a) is contained in a precognition on oath, or

(b) was made in other proceedings, whether criminal or civil and whether taking place in the United Kingdom or elsewhere.

(6) This section does not affect the admissibility of any statement made by any person which is admissible otherwise than by virtue of this section.

(7) For the purposes of this section—

(a) a “statement” includes—

(i) any representation, however made or expressed, of fact or opinion,

(ii) any part of a statement,

but does not include a statement in a precognition other than a precognition on oath.

(b) a statement is contained in a document where the person who makes it—

(i) makes the statement in the document personally,

(ii) makes a statement which is, with or without the person’s knowledge, recorded in a document by a person who has direct personal knowledge of the making of the statement, or

(iii) approves a document as embodying the statement,

(c) “document” includes, in addition to a document in writing—

(i) any map, plan, graph or drawing,

(ii) any photograph,

(iii) any disc, tape, sound track or other device in which sounds or other data (other than visual images) are recorded so as to be capable of being reproduced,

(iv) any film (including microfilm), negative, tape, disc or other device in which one or more visual images are recorded so as to be capable of being reproduced.

Commencement Information

I1 S. 97 not in force at Royal Assent, see s. 116(2)