Paragraph 6 Testimony by commissioner: preparatory stepsI1

Scotland

(1)

This paragraph applies where the sheriff authorises the special measure of taking evidence by a commissioner under section 19(1) of the 2004 Act.

(2)

The commission is to proceed without interrogatories unless the sheriff otherwise orders.

(3)

The order of the sheriff authorising the special measure is sufficient authority for citing the vulnerable witness to appear before the commissioner.

(4)

The participant who cited the vulnerable witness—

(a)

must give the commissioner—

(i)

a certified copy of the order of the sheriff appointing the commissioner;

(ii)

a copy of the first notice; and

(iii)

where paragraph 7 applies, the approved interrogatories and cross-interrogatories;

(b)

must instruct the clerk to the commission; and

(c)

is responsible in the first instance for the fee of the commissioner and the clerk.

(5)

The commissioner is to fix a hearing at which the commission will be carried out.

(6)

The commissioner must consult the participants before fixing the hearing.

(7)

An application by a participant for leave to be present in the room where the commission is carried out is to be made by application.

Annotations