OpenLegislation

Section 271A Child and deemed vulnerable witnessesF1F61C1C2

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a child witness F2or a deemed vulnerable witness is to give evidence at or for the purposes of F3a hearing in relevant criminal proceedings, the F4... witness is entitled, subject to—

(a)

subsections (2) to (13) below, and

(b)

section 271D of this Act,

to the benefit of one or more of the special measures for the purpose of giving evidence.

(2)

F5Subject to section 271AA, a party citing or intending to cite a child witness F6or a deemed vulnerable witness shall, F7by the required time, lodge with the court a notice (referred to in this Act as a “F8vulnerable witness notice”)—

(a)

specifying the special measure or measures which the party considers to be the most appropriate for the purpose of taking the F9... witness’s evidence, or

(b)

if the party considers that the ... witness should give evidence without the benefit of any special measure, stating that fact.

(3)

A F10vulnerable witness notice shall contain or be accompanied by—

(a)

a summary of any views expressed for the purposes of section 271E(2)(b) of this Act, and

(b)

such other information as may be prescribed by Act of Adjournal.

(F113A)

In the case where a vulnerable witness notice under subsection (2)(a) specifies only a standard special F12measure—

(a)

subsection (3)(a) does not apply, and

(b)

subsection (5) has effect as if the words “not earlier than 7 days and” were omitted.

(4)

The court may, on cause shown, allow a F13vulnerable witness notice to be lodged after F14the required time.

(F154A)

Any party to the proceedings may, not later than 7 days after a vulnerable witness notice has been lodged, lodge with the court a notice (referred to in this section as an “objection notice”) stating—

(a)

an objection to any special measure (other than a standard special measure) specified in the vulnerable witness notice that the party considers to be inappropriate, and

(b)

the reasons for that objection.

(4B)

The court may, on cause shown, allow an objection notice to be lodged after the period referred to in subsection (4A).

(4C)

If an objection notice is lodged in accordance with subsection (4A) or (4B)—

(a)

subsection (5)(a)(ii) does not apply to the vulnerable witness notice, and

(b)

the court must make an order under subsection (5A).

(5)

The court shall, not F16earlier than 7 days and not later than 14 days after a F17vulnerable witness notice has been lodged, consider the notice in the absence of the parties and, subject to F18sections 271B to 271BZB of this Act—

(a)

in the case of a notice under subsection (2)(a) above—

(i)

if a standard special measure is specified in the notice, make an order authorising the use of that measure for the purpose of taking the F19... witness’s evidence, and

(ii)

if any other special measure is specified in the notice and the court is satisfied on the basis of the notice that it is appropriate to do so, make an order authorising the use of the special measure (in addition to any authorised by virtue of an order under sub-paragraph (i) above) for the purpose of taking the ... witness’s evidence,

(b)

in the case of a notice under subsection (2)(b) above, if—

(i)

the summary of views accompanying the notice under subsection (3)(a) above indicates that the F20... witness has expressed a wish to give evidence without the benefit of any special measure, and

(ii)

the court is satisfied on the basis of the notice that it is appropriate to do so,

make an order authorising the giving of evidence by the ... witness without the benefit of any special measure, or

(c)

if—

(i)

paragraph (a)(ii) or (b) above would apply but for the fact that the court is not satisfied as mentioned in that paragraph, or

(ii)

in the case of a notice under subsection (2)(b), the summary of views accompanying the notice under subsection (3)(a) above indicates that the F21... witness has not expressed a wish to give evidence without the benefit of any special measure,

make an order F22under subsection (5A) below.

(F235A)

That order is an order—

(a)

in the case of proceedings in the High Court where the preliminary hearing is yet to be held, appointing the F24vulnerable witness notice to be disposed of at that hearing;

(b)

in the case of proceedings on indictment in the sheriff court where the first diet is yet to be held, appointing the F25vulnerable witness notice to be disposed of at that diet; or

(c)

in any other case, appointing a diet to be held before F26the hearing at which the evidence is to be given and requiring the parties to attend the diet.

(6)

Subsection (7) below applies where—

(a)

it appears to the court that a party intends to call a child witness F27or a deemed vulnerable witness to give evidence at or for the purposes of F28a hearing in relevant criminal proceedings,

(b)

the party has not lodged a F29vulnerable witness notice in respect of the F30... witness by the time specified in subsection (2) above F31or lodged a notice with the clerk of court in accordance with section 271AA by the time specified in that section, and

(c)

the court has not allowed a F32vulnerable witness notice in respect of the F33... witness to be lodged after that time under subsection (4) above F34or under section 271AA(5).

(7)

Where this subsection applies, the court shall—

(a)

order the party to lodge a F35vulnerable witness notice in respect of the F36... witness by such time as the court may specify, or

(F37b)

where the court does not so order—

(i)

in the case of proceedings on indictment where this subsection applies at or before the preliminary hearing or, as the case may be, the first diet, at that hearing or diet make an order under subsection (9) below; or

(ii)

in any other case, make an order appointing a diet to be held before F38the hearing at which the evidence is to be given diet and requiring the parties to attend the diet.

(8)

On making an order under subsection F39(5A)(c) or (7)(b)(ii) above, the court may postpone F40the hearing at which the evidence is to be given.

(F418A)

Subsection (9) below applies to—

(a)

a preliminary hearing or first diet, so far as the court is—

(i)

by virtue of an order under subsection (5A)(a) or (b) above, disposing of a F42vulnerable witness notice at the hearing or diet; or

(ii)

by virtue of subsection (7)(b)(i) above, to make an order under subsection (9) F43... at the hearing or diet; and

(b)

a diet appointed under subsection (5A)(c) or (7)(b)(ii) above.

(9)

F44Subject to section 271B, at a F45hearing or diet to which this subsection applies, the court, after giving the parties an opportunity to be heard—

(a)

in a case where any of the standard special measures has been authorised by an order under subsection (5)(a)(i) above, may make an order authorising the use of such further special measure or measures as it considers appropriate for the purpose of taking the F46... witness’s evidence, and

(b)

in any other case, shall make an order—

(i)

authorising the use of such special measure or measures as the court considers to be the most appropriate for the purpose of taking the ... witness’s evidence, or

(ii)

that the ... witness is to give evidence without the benefit of any special measure.

(10)

F47Subject to section 271B, the court may make an order under subsection (9)(b)(ii) above only if satisfied—

(a)

where the F48... witness has expressed a wish to give evidence without the benefit of any special measure, that it is appropriate for the ... witness so to give evidence, or

(b)

in any other case, that—

(i)

the use of any special measure for the purpose of taking the evidence of the ... witness would give rise to a significant risk of prejudice to the fairness of the trial or otherwise to the interests of justice, and

(ii)

that risk significantly outweighs any risk of prejudice to the interests of the ... witness if the order is made.

(11)

A F49hearing or diet to which subsection (9) above applies may—

(a)

on the application of the party citing or intending to cite the F50... witness in respect of whom the diet is to be held, or

(b)

of the court’s own motion,

be held in chambers.

(12)

A diet F51appointed under subsection (5A)(c) or (7)(b)(ii) above in any case may be conjoined with any other diet to be held before F52the hearing at which the evidence is to be given.

(13)

A party lodging a F53vulnerable witness notice F54or an objection notice shall, at the same time, intimate the notice to the other parties to the proceedings.

(F5513A)

In subsections (2) and (4) above, “the required time” means—

(F56a)

any time before a date has been fixed for one of the following—

(i)

a preliminary hearing in the High Court,

(ii)

a first diet in the sheriff court, or

(iii)

a hearing at which the evidence is to be given, or

(b)

if a date has been fixed—

(i)

for a preliminary hearing in the High Court, no later than 14 clear days before the preliminary hearing,

(ii)

for a first diet in the sheriff court in the case of proceedings on indictment, no later than 7 clear days before the first diet, or

(iii)

in a case in which the proceedings are not to take place in the High Court or on indictment in the sheriff court, for a hearing at which the evidence is to be given, no later than 14 clear days before that hearing.

(14)

In this section F57and section 271AA, references to a standard special measure are to any of the following special measures—

(a)

the use of a live television link in accordance with section 271J of this Act F58...

(b)

the use of a screen in accordance with section 271K of this Act, and

(c)

the use of a supporter in accordance with section 271L of this Act F59...

(F6015)

The Scottish Ministers may, by order subject to the affirmative procedure—

(a)

modify subsection (14),

(b)

in consequence of any modification made under paragraph (a)—

(i)

prescribe the procedure to be followed when standard special measures are used, and

(ii)

so far as is necessary, modify sections 271A to 271M of this Act.

Annotations

Textual amendments

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)

F2

Words in s. 271A(1) inserted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(a)(i), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F3

Words in s. 271A(1) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 87(3)(a), 206(1); S.S.I. 2011/178, art. 2, sch.

F4

Word in s. 271A(1) repealed (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(a)(ii), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F5

Words in s. 271A(2) substituted (27.6.2025) by Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (asp 8), ss. 6(3)(a), 12(2); S.S.I. 2025/179, reg. 2

F6

Words in s. 271A(2) inserted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(b)(i), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F7

Words in s. 271A(2) substituted (1.4.2005, 1.4.2006, 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 43(a); S.S.I. 2004/405, art. 2(2), Sch. 2 (with savings in arts. 3-5); S.S.I. 2005/168, art. 2, Sch. (with savings in 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)

F8

Word in s. 271A(2) substituted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(b)(ii), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F9

Word in s. 271A(2)(a)(b) repealed (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(b)(iii), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F10

Word in s. 271A(3) substituted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(c), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F11

S. 271A(3A) inserted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(d), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F12

Words in s. 271A(3A) substituted (20.1.2020) by Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (asp 8), ss. 7(2), 12(2); S.S.I. 2019/392, reg. 2

F13

Word in s. 271A(4) substituted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(c), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F14

Words in s. 271A(4) substituted (1.4.2005, 1.4.2006, 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 43(b); S.S.I. 2004/405, art. 2(2), Sch. 2 (with savings in arts. 3-5); S.S.I. 2005/168, art. 2, Sch. (with savings in 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)

F15

S. 271A(4A)-(4C) inserted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 13(a), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F16

Words in s. 271A(5) substituted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 13(b), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F17

Word in s. 271A(5) substituted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(e)(i), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F18

Words in s. 271A(5) substituted (20.1.2020) by Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (asp 8), ss. 10(2), 12(2); S.S.I. 2019/392, reg. 2

F19

Word in s. 271A(5)(a) repealed (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(e)(ii), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F20

Word in s. 271A(5)(b) repealed (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(e)(ii), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F21

Word in s. 271A(5)(c) repealed (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(e)(ii), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F22

Words in s. 271A(5) substituted (1.4.2005, 1.4.2006, 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 43(c); S.S.I. 2004/405, art. 2(2), Sch. 2 (with savings in arts. 3-5); S.S.I. 2005/168, art. 2, Sch. (with savings in 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)

F23

S. 271A(5A) inserted (1.4.2005, 1.4.2006, 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 43(d); S.S.I. 2004/405, art. 2(2), Sch. 2 (with savings in arts. 3-5); S.S.I. 2005/168, art. 2, Sch. (with savings in 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)

F24

Word in s. 271A(5A)(a) substituted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(f)(i), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F25

Word in s. 271A(5A)(b) substituted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(f)(ii), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F26

Words in s. 271A(5A)(c) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 87(3)(b), 206(1); S.S.I. 2011/178, art. 2, sch.

F27

Words in s. 271A(6)(a) inserted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(g)(i), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F28

Words in s. 271A(6)(a) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 87(3)(c), 206(1); S.S.I. 2011/178, art. 2, sch.

F29

Word in s. 271A(6)(b) substituted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(g)(ii), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F30

Word in s. 271A(6)(b) repealed (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(g)(iii), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F31

Words in s. 271A(6)(b) inserted (27.6.2025) by Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (asp 8), ss. 6(3)(b), 12(2); S.S.I. 2025/179, reg. 2

F32

Word in s. 271A(6)(c) substituted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(g)(iv), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F33

Word in s. 271A(6)(c) repealed (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(g)(v), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F34

Words in s. 271A(6)(c) inserted (27.6.2025) by Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (asp 8), ss. 6(3)(c), 12(2); S.S.I. 2025/179, reg. 2

F35

Word in s. 271A(7)(a) substituted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(h)(i), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F36

Word in s. 271A(7)(a) repealed (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(h)(ii), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F37

S. 271A(7)(b) substituted (1.4.2005, 1.4.2006, 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 43(e); S.S.I. 2004/405, art. 2(2), Sch. 2 (with savings in arts. 3-5); S.S.I. 2005/168, art. 2, Sch. (with savings in 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)

F38

Words in s. 271A(7)(b)(ii) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 87(3)(d), 206(1); S.S.I. 2011/178, art. 2, sch.

F39

Words in s. 271A(8) substituted (1.4.2005, 1.4.2006, 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 43(f); S.S.I. 2004/405, art. 2(2), Sch. 2 (with savings in arts. 3-5); S.S.I. 2005/168, art. 2, Sch. (with savings in 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)

F40

Words in s. 271A(8) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 87(3)(e), 206(1); S.S.I. 2011/178, art. 2, sch.

F41

S. 271A(8A) inserted (1.4.2005, 1.4.2006, 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 43(g); S.S.I. 2004/405, art. 2(2), Sch. 2 (with savings in arts. 3-5); S.S.I. 2005/168, art. 2, Sch. (with savings in 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)

F42

Word in s. 271A(8A)(a)(i) substituted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(i)(i), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F43

Word in s. 271A(8A)(a)(ii) repealed (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(i)(ii), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F44

Words in s. 271A(9) substituted (20.1.2020) by Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (asp 8), ss. 2(3)(a), 12(2); S.S.I. 2019/392, reg. 2

F45

Words in s. 271A(9) substituted (1.4.2005, 1.4.2006, 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 43(h); S.S.I. 2004/405, art. 2(2), Sch. 2 (with savings in arts. 3-5); S.S.I. 2005/168, art. 2, Sch. (with savings in 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)

F46

Word in s. 271A(9) repealed (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(j), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F47

Words in s. 271A(10) substituted (20.1.2020) by Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (asp 8), ss. 2(3)(b), 12(2); S.S.I. 2019/392, reg. 2

F48

Word in s. 271A(10) repealed (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(k), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F49

Words in s. 271A(11) substituted (1.4.2005, 1.4.2006, 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 43(i); S.S.I. 2004/405, art. 2(2), Sch. 2 (with savings in arts. 3-5); S.S.I. 2005/168, art. 2, Sch. (with savings in 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)

F50

Word in s. 271A(11)(a) repealed (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(l), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F51

Words in s. 271A(12) substituted (1.4.2005, 1.4.2006, 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 43(j); S.S.I. 2004/405, art. 2(2), Sch. 2 (with savings in arts. 3-5); S.S.I. 2005/168, art. 2, Sch. (with savings in 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)

F52

Words in s. 271A(12) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 87(3)(g), 206(1); S.S.I. 2011/178, art. 2, sch.

F53

Word in s. 271A(13) substituted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(4)(m), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F54

Words in s. 271A(13) inserted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 13(c), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F55

S. 271A(13A) inserted (1.4.2005, 1.4.2006, 1.4.2007 and 2.7.2007 for certain purposes and otherwise 1.4.2008) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 25, 27(1), Sch. para. 43(k); S.S.I. 2004/405, art. 2(2), Sch. 2 (with savings in arts. 3-5); S.S.I. 2005/168, art. 2, Sch. (with savings in 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)

F56

S. 271A(13A)(a)-(c) substituted for s. 271A(13A)(a)(b) (20.1.2020) by Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (asp 8), ss. 8(2), 12(2); S.S.I. 2019/392, reg. 2

F57

Words in s. 271A(14) inserted (27.6.2025) by Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (asp 8), ss. 6(3)(d), 12(2); S.S.I. 2025/179, reg. 2

F58

Words in s. 271A(14)(a) repealed (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 12(a)(i), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F59

Words in s. 271A(14)(c) repealed (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 12(a)(ii), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F60

S. 271A(15) inserted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 12(b), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

F61

S. 271A title substituted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 11(5), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)

Modifications

C1

Ss. 271-271M applied by Criminal Justice (Scotland) Act 2003 (asp 7), s. 15A (as inserted (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. 3, 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); 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)

C2

Ss. 271-271M applied (with modifications) (23.12.2015) by The Justice of the Peace Courts (Special Measures) (Scotland) Order 2015 (S.S.I. 2015/447), arts. 1(2), 3 (with art. 1(3))

Notes on Special measures for child witnesses and other vulnerable witnesses

Textual amendments

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)