Royal Arms Vulnerable Witnesses (Scotland) Act 2004

2004 asp 3


 

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Vulnerable Witnesses (Scotland) Act 2004

2004 asp 3

 
 
 
CONTENTS

PART 1
CRIMINAL PROCEEDINGS
Evidence of children and other vulnerable witnesses: special measures
Section 
1Evidence of children and other vulnerable witnesses: special measures
2Consideration before the trial of matters relating to vulnerable witnesses
3Evidence of vulnerable witnesses at proofs in relation to victim statements

Evidence of identification prior to trial
4Evidence of identification prior to trial

Expert evidence as to subsequent behaviour of complainer
5Expert evidence as to subsequent behaviour of complainer

Prohibition of personal conduct of defence in cases involving vulnerable witnesses
6Prohibition of personal conduct of defence in cases involving vulnerable witnesses
7Special pre-trial procedures for ascertaining in such cases whether accused has engaged a solicitor

Prohibition on accused personally precognoscing children under 12
8Prohibition of precognition by accused in person of child witnesses under 12 in cases to which section 288E applies

Pre-trial procedure in sheriff court summary proceedings
9Summary proceedings in sheriff court: pre-trial procedure where no intermediate diet is fixed

Proceedings in the district court
10Application of vulnerable witnesses provisions to proceedings in the district court

PART 2
CIVIL PROCEEDINGS
Evidence of children and other vulnerable witnesses: special measures
11Interpretation of this Part
12Orders authorising the use of special measures for vulnerable witnesses
13Review of arrangements for vulnerable witnesses
14Procedure in connection with orders under sections 12 and 13
15Vulnerable witnesses: supplementary provision
16Party to proceedings as a vulnerable witness
17Crown application and saving provision
18The special measures
19Taking of evidence by a commissioner
20Live television link
21Screens
22Supporters

Establishment of grounds of referral to children's hearings: restrictions on evidence
23Establishment of grounds of referral to children's hearings: restrictions on evidence

PART 3
MISCELLANEOUS AND GENERAL
Abolition of the competence test
24Abolition of the competence test for witnesses in criminal and civil proceedings

Commencement and short title
25Commencement and short title
 


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Explanatory Note
 
 
 
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Prepared 26 April 2004