Act of Sederunt (Child Care and Maintenance Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2005

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Child Care and Maintenance Rules) 1997 and inserts a new Part XI.

New rules 3.67 and 3.68 provide for a form of child witness notice and for intimation of such notice by the party lodging the notice to all other parties to the proceedings and any safeguarder.

New rule 3.69 provides that a sheriff may, on receipt of a child witness notice, make an order authorising the use of special measures (pursuant to section 12 of the Vulnerable Witnesses (Scotland) Act 2004 (“the Act of 2004”)) without holding a hearing. The sheriff may also, subject to any statutory time limits, alter the date of the proof or hearing at which the child is to give evidence. Where the sheriff decides to hold a hearing, the order fixing the hearing must be intimated on the day it is made to all parties to the proceedings and such other persons as are named in the order. The sheriff may prescribe the manner in which the order is to be intimated.

New rules 3.70 and 3.71 provide for a form of application for review of arrangements for vulnerable witnesses (pursuant to section 13 of the Act of 2004) and for intimation of such application by the applicant to all parties to the proceedings and any safeguarder. The sheriff may dispense with the requirement for the application to be in the prescribed form where the application is made during the hearing of the case (in these circumstances the requirement for intimation is not applicable). New rule 3.72 makes provisions in relation to review applications similar to those made in rule 3.69 in relation to child witness notices.

New rule 3.73 allows a sheriff to make further orders in light of any order made under section 12(1) or 13(2) of the Act of 2004 and new rule 3.74 provides that any order made under section 12(1) or 13(2) must be intimated by the sheriff clerk to all parties to the proceedings, on the day the order is made.

New rules 3.75 and 3.76 provide for the video record and relevant documents of evidence taken on commission to be lodged with the sheriff clerk who shall keep them in his custody.

New rules 3.77 and 3.78 provide for a form of application for the admission of restricted evidence or the allowance of questioning. Where such an application is made during the sheriff’s hearing of the case, he may dispense with the requirement for the application to be in the prescribed form.

New rule 3.79 makes provisions in relation to admission applications similar to those contained in rule 3.69 in relation to child witness notices and rule 3.72 in relation to review applications.

New rules 3.80 and 3.81 mirror rules 3.73 and 3.74 to allow a sheriff to make further orders in light of an order for the admission of evidence or the allowance of questioning and provides for intimation of such orders.