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The Vulnerable Witnesses (Giving evidence in relation to the determination of Children’s Hearing grounds: Authentication of Prior Statements) (Scotland) Regulations 2013
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Scottish Statutory Instruments
2013 No. 215
Children And Young Persons
The Vulnerable Witnesses (Giving evidence in relation to the determination of Children’s Hearing grounds: Authentication of Prior Statements) (Scotland) Regulations 2013
Made
20th June 2013
Laid before the Scottish Parliament
25th June 2013
Coming into force
27th September 2013
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 22A(8) of the Vulnerable Witnesses (Scotland) Act 2004(1) and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Vulnerable Witnesses (Giving evidence in relation to the determination of Children’s Hearing grounds: Authentication of Prior Statements) (Scotland) Regulations 2013 and come into force on 27th September 2013.
Authentication of a prior statement
2. For the purposes of section 22A(8) of the Vulnerable Witnesses (Scotland) Act 2004 a prior statement of a type mentioned in section 22A(7) of that Act is authenticated if—
(a)it is accompanied by a certificate in the form set out in the Schedule; and
(b)that certificate is signed by a person, other than the maker of the statement, who was present when the statement was made.
KENNY MACASKILL
A member of the Scottish Government
St Andrew’s House,
Edinburgh
20th June 2013
Regulation 2
SCHEDULE
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision for the authentication of a prior statement of a type mentioned in section 22A(7) of the Vulnerable Witnesses (Scotland) Act 2004 i.e. one contained in a precognition on oath or one made in prior proceedings (either criminal or civil and whether in the United Kingdom or elsewhere). Such authentication will allow these statements to be admissible in children’s hearing proceedings taking place in the sheriff court.
Regulation 2 details that such prior statements can be authenticated by attaching a prescribed certificate to them. It further details who can sign the certificate.
(1)
2004 asp 3. Section 22A was inserted by section 176 of the Children’s Hearings (Scotland) Act 2011 (asp 1).
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