PART XII Evidence

F1Special measures for child witnesses and other vulnerable witnesses

Annotations:
Amendments (Textual)
F1

Ss. 271-271M and preceding cross-heading substituted for s. 271 (1.4.2005, 30.11.2005, 1.4.2006. 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Vulnerable Witnesses (Scotland) Act 2004 (asp 3), ss. 1, 25; S.S.I. 2005/168, art. 2, Sch. (with savings in art. 4); S.S.I. 2005/590, art. 2, Sch. (with art. 4); S.S.I. 2006/59, art. 2, Sch. (with art. 4(1)); S.S.I. 2007/101, art. 2, Sch. (with art. 4); S.S.I. 2007/329, art. 2, Sch. (with art. 4); S.S.I. 2008/57, art. 2 (with art. 3)

C1C2271JF2Live television link

1

Where the special measure to be used is a live television link, the court shall make such arrangements as seem to it appropriate for the vulnerable witness in respect of whom the special measure is to be used to give evidence from a place outside the court-room where F3the hearing is to take place by means of a live television link between that place and the court-room.

2

The place from which the vulnerable witness gives evidence by means of the link—

a

may be another part of the court building in which the court-room is located or any other suitable place outwith that building, and

b

shall be treated, for the purposes of the proceedings at F4the hearing, as part of the court-room whilst the witness is giving evidence.

3

Any proceedings conducted by means of a live television link by virtue of this section shall be treated as taking place in the presence of the accused.

4

Where—

a

the live television link is to be used in proceedings in a sheriff court, but

b

that court lacks accommodation or equipment necessary for the purpose of receiving such a link,

the sheriff may by order transfer the proceedings to any other sheriff court in the same sheriffdom which has such accommodation or equipment available.

5

An order may be made under subsection (4) above—

a

at any stage in the proceedings (whether before or after the commencement of F5the hearing), or

b

in relation to any part of the proceedings.