Act of Sederunt (Ordinary Cause, Summary Application, Summary Cause and Small Claim Rules) Amendment (Vulnerable Witnesses (Scotland) Act 2004) 2007

Explanatory Note

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

This Act of Sederunt makes miscellaneous amendments to the rules of procedure in the sheriff court as follows.

Paragraph 2 amends the Ordinary Cause Rules to provide that at any procedural hearing prior to a proof or hearing where evidence will be heard, the sheriff will consider any child witness notice or vulnerable application that has been lodged or if such a notice or application should be lodged or if any order in relation to a vulnerable witness needs to be made. It also inserts a requirement that the list of witnesses must contain information as to whether the witness is a vulnerable witness and whether the appropriate notices or applications have been lodged.

A new Chapter 45 is inserted to provide procedure and forms for dealing with new child witness notices, vulnerable witness applications and applications to review orders specifying the special measures to be used in conjunction with a vulnerable witness. It also sets out the procedure for the special measure of taking evidence by a commissioner.

Rule 32A.1 on the use of live TV links to take witnesses evidence is also amended to exclude the use of this procedure by a vulnerable witness as this may be ordered as a special measure.

The witness citation form is also amended to give the witness some information about the possibility of giving evidence with a special measure if they are a vulnerable witness.

Paragraph 3 amends the Summary Application Rules to provide that the procedure in the new Chapter 45 of the Ordinary Cause Rules is to be used if there is a vulnerable witness to give evidence at any proof or hearing under the Summary Application Rules. It is also provided that the sheriff will make enquiry as to whether any of the witnesses are vulnerable, consider any notices or applications relating to a vulnerable witness, or make any order that is required when he is fixing a hearing in a summary application.

Rule 2.32 on the use of live TV links to take witnesses evidence is also amended to exclude the use of this procedure by a vulnerable witness as this may be ordered as a special measure.

The witness citation form is also amended to give the witness some information about the possibility of giving evidence with a special measure if they are a vulnerable witness.

Paragraph 4 amends the Summary Cause Rules to provide that at the calling date hearing the sheriff will enquire whether there is or is likely to be a vulnerable witness, consider any child witness notice or vulnerable application that has been lodged or if such a notice or application should be lodged or if any order in relation to a vulnerable witness needs to be made. It also inserts a requirement that the list of witnesses must contain information as to whether the witness is a vulnerable witness and whether the appropriate notices or applications have been lodged.

A new Chapter 18A is inserted to provide procedure and forms for dealing with new child witness notices, vulnerable witness applications and applications to review orders specifying the special measures to be used in conjunction with a vulnerable witness. It also sets out the procedure for the special measure of taking evidence by a commissioner.

Rule 37.1 on the use of live TV links to take witnesses evidence is also amended to exclude the use of this procedure by a vulnerable witness as this may be ordered as a special measure.

The witness citation form is also amended to give the witness some information about the possibility of giving evidence with a special measure if they are a vulnerable witness.

Paragraph 5 amends the Small Claim Rules to provide that at the hearing after the defender lodges a response the sheriff will enquire whether there is or is likely to be a vulnerable witness, consider any child witness notice or vulnerable application that has been lodged or if such a notice or application should be lodged or if any order in relation to a vulnerable witness needs to be made.

A new Chapter 17A is inserted to provide procedure and forms for dealing with new child witness notices, vulnerable witness applications and applications to review orders specifying the special measures to be used in conjunction with a vulnerable witness. It also sets out the procedure for the special measure of taking evidence by a commissioner.

Rule 27.1 on the use of live TV links to take witnesses evidence is also amended to exclude the use of this procedure by a vulnerable witness as this may be ordered as a special measure.

The witness citation form is also amended to give the witness some information about the possibility of giving evidence with a special measure if they are a vulnerable witness.