Part IV Miscellaneous Reforms

Evidence by children in criminal trials

F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F257. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I1C158 Identification of accused by child.

Where a court has, or is deemed to have, granted an application made under section 56 of this Act in relation to a child F3. . ., and the child gives evidence that he recalls having identified, prior to the trial, a person alleged to have committed an offence, the evidence of a third party as to the identification of that person by the child prior to the trial shall be admissible as evidence as to such identification.

59I2Interpretation of sections 56, 57 and 58.

In sections 56, 57 and 58 of this Act, unless the contrary intention appears—

  • child” means a person under the age of 16 years;

  • court” means the High Court of Justiciary or the sheriff court; and

  • trial” means a trial under solemn or under summary procedure.