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

58 Vulnerable witnesses

(1) The Vulnerable Witnesses (Scotland) Act 2004 is amended as follows.

(2) In section 11B (deemed vulnerable witnesses: proceedings concerning order under section 11(1) of the Children (Scotland) Act 1995) (inserted by section 4(3) of the Children (Scotland) Act 2020 (“the 2020 Act”))—

(a) in subsection (1), for “proceedings to which subsection (2) applies”, substitute “civil proceedings other than relevant proceedings”,

(b) subsection (2) is repealed,

(c) for subsection (3), substitute—

“(3) This subsection applies to a person if (either or both)—

(a) a non-harassment order, order for lawburrows, interdict or any similar order or remedy (including any interim order or remedy) granted by a court prohibiting certain conduct towards the person by a party to the proceedings—

(i) is in force, or

(ii) has been applied for,

(b) the person has brought an action for damages in respect of personal injuries sustained by the person and attributable to relevant behaviour by a party to the proceedings and that action has not been finally disposed of.

(3A) For the purposes of subsection (3), “relevant behaviour” means—

(a) sexual abuse,

(b) sexual harassment,

(c) behaviour that would constitute an offence as described in—

(i) section 288C(2) of the Criminal Procedure (Scotland) Act 1995, or

(ii) section 288DC(1) of that Act.”,

(d) the section title becomes “Deemed vulnerable witnesses: proceedings other than relevant proceedings”.

(3) In section 22D(5)(a)(i) (presumption that personal conduct of case should be prohibited) (inserted by section 4(5) of the 2020 Act)—

(a) the words from “because” to the end become sub-sub-paragraph (A),

(b) for “prohibits” substitute “prohibiting”,

(c) after “proceedings” insert “is in force or has been applied for”,

(d) after sub-sub-paragraph (A), insert—

“(B) because the witness has brought an action for damages in respect of personal injuries sustained by the witness and attributable to relevant behaviour by a party to the proceedings and that action has not been finally disposed of, or”.