Vulnerable Witnesses (Scotland) Act 2004 (asp 3)

Part 1 S Criminal proceedings

Prohibition on accused personally precognoscing children under 12 S

8 Prohibition of precognition by accused in person of child witnesses under 12 in cases to which section 288E applies S

In section 291 (precognition on oath of defence witnesses) of the 1995 Act, after subsection (5) there is inserted—

“(6) A warrant is not to be granted under this section for the citation for precognition by the accused in person of any child under the age of 12 on the relevant date where the offence in relation to which the child is alleged to be a witness is one specified in section 288E(3) of this Act.

(7) In subsection (6) above, “the relevant date” means—

(a) where an indictment or complaint in respect of the offence has been served on the accused at the time of the application, the date on which the indictment or complaint was so served, or

(b) where an indictment or complaint in respect of the offence has not been so served, the date on which the application under subsection (1) above is made.”.

Commencement Information

I1 S. 8 in force at 1.4.2005 for specified purposes by S.S.I. 2005/168, art. 2, Sch. (with art. 4)

I2 S. 8 in force at 1.4.2007 for specified purposes by S.S.I. 2007/101, art. 2, Sch. (with art. 4)