Vulnerable Witnesses (Scotland) Act 2004: 2004 asp 3

Format:

Corporate Author:

Great Britain Scottish Parliament

Publisher:

TSO (The Stationery Office)

This Act is in three parts and makes provision for the use of special measures in criminal and civil court proceedings which involve taking evidence from children and other vulnerable witnesses. Provisions include: i) allowing, in certain cases, the admittance of evidence of previous identifications and expert evidence in regard to the subsequent behaviour of complainants; ii) introducing restrictions on an accused from personally conducting his/her own defence, and establishing a discretionary power to prohibit this in cases involving vulnerable witnesses, and an automatic prohibition in cases involving child witnesses under the age of 12 years old; iii) placing restrictions on the extent to which evidence can be led regarding the character and sexual history of a witness in referrals from the children's hearing system; and iv) the abolition of the competence test for all witnesses.