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Vulnerable Witnesses (Scotland) Act 2004

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Vulnerable Witnesses (Scotland) Act 2004. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

  3. Commentary on Sections

    1. Part 1 – Criminal Proceedings

      1. Section 1 – Evidence of children and other vulnerable witnesses: special measures

        1. Section 271 – Vulnerable witnesses: main definitions

        2. Section 271A – Child witnesses

        3. Section 271B – Further special provision for child witnesses under the age of 12

        4. Section 271C – Vulnerable witnesses other than child witnesses

        5. Section 271D – Review of arrangements for vulnerable witnesses

        6. Section 271E – Vulnerable witnesses: supplementary provision

        7. Section 271F – The accused

        8. Section 271G – Saving provision

        9. Section 271H – The special measures

        10. Section 271I – Taking of evidence by a commissioner

        11. Section 271J – Live television link

        12. Section 271K – Screens

        13. Section 271L – Supporters

        14. Section 271M – Giving evidence in chief in the form of a prior statement

      2. Section 2 – Consideration before the trial of matters relating to vulnerable witnesses

      3. Section 3 – Evidence of vulnerable witnesses at proofs in relation to victim statements

      4. Section 4 – Evidence of identification prior to trial

      5. Section 5 – Expert evidence as to subsequent behaviour of complainer

      6. Section 6 – Prohibition of personal conduct of defence in cases involving vulnerable witnesses

      7. Section 7 – Special pre-trial procedures for ascertaining in such cases whether accused has engaged a solicitor

      8. Section 8 – Prohibition of precognition by accused in person of child witnesses under 12 in cases to which section 288E applies

      9. Section 9 – Summary proceedings in sheriff court: pre-trial procedure where no intermediate diet is fixed

      10. Section 10 - Application of vulnerable witness provisions to proceedings in the district court

    2. Part 2 – Civil Proceedings

      1. Section 11 – Interpretation of this Part

      2. Section 12 – Orders authorising the use of special measures for vulnerable witnesses

      3. Section 13 – Review of arrangements for vulnerable witnesses

      4. Section 14 – Procedure in connection with orders under sections 12 and 13

      5. Section 15 – Vulnerable witnesses: supplementary provision

      6. Section 16 – Party to proceedings as a vulnerable witness

      7. Section 17 – Vulnerable witness: Crown application and saving provision

      8. Section 18 – The special measures

      9. Section 19 – Taking of evidence by a commissioner

      10. Section 20 – Live television link

      11. Section 21 – Screens

      12. Section 22 – Supporters

      13. Section 23 – Establishment of grounds of referral to children’s hearings: restrictions on evidence

        1. Section 68A – Restrictions on evidence in certain cases involving sexual abuse

        2. Section 68B – Exceptions to restrictions under section 68A

    3. Part 3 – Miscellaneous and General

      1. Section 24 – Abolition of the competence test for witnesses in criminal and civil proceedings

  4. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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