PART XIII U.K. Miscellaneous

Trials involving vulnerable witnesses S

[F1 288DCProhibition of personal conduct of defence in domestic abuse cases S

(1) This section applies to—

(a) an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018,

(b) an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

(2) An accused in proceedings for an offence to which this section applies is prohibited from conducting the accused's case in person at, or for the purposes of, any relevant hearing in the course of the proceedings.

(3) Section 288D applies in the case of proceedings in respect of an offence to which this section applies as it does in the case of proceedings in respect of an offence to which section 288C applies (and a reference in section 288D to a relevant hearing is to be read accordingly).

(4) In subsection (2), “relevant hearing” means a hearing at, or for the purposes of, which a witness is to give evidence.]

Textual Amendments

F1 S. 288DC inserted (1.4.2019) by Domestic Abuse (Scotland) Act 2018 (asp 5), s. 15(2), sch. para. 4(14); S.S.I. 2018/387, reg. 2 (with reg. 7)