Commentary on Sections
Vulnerable witnesses
Section 12 – Child and deemed vulnerable witnesses: standard special measures
39.This section amends section 271A of the 1995 Act to remove the current restriction that a live television link has to be in another room within the court, and a supporter has to be used in conjunction with either a live television link or a screen, when these measures are being used as standard special measures (under section 271A(14) of the 1995 Act). It also gives the Scottish Ministers an order making power so that they can modify the list of standard special measures in section 271A(14) and, in consequence of such a modification, prescribe the procedure for the use of standard special measures and modify sections 271A – 271M. Sections 271A - 271G set out the process to be followed in applying for special measures, and some related matters, while sections 271H - 271M specify what the special measures are and how they are to be used (for example, section 271K specifies that if a screen is to be used so that a vulnerable witness cannot see the accused, the accused should still be able to see and hear the vulnerable witness).
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