Section 271BA Assessment of witnessesF1C1
Scotland
This section applies where a party intends to cite a witness other than a child witness or a deemed vulnerable witness to give evidence at, or for the purposes of, a hearing in relevant criminal proceedings.
The party intending to cite the witness must take reasonable steps to carry out an assessment under subsection (3).
An assessment must determine whether the person—
is likely to be a vulnerable witness, and
if so, what special measure or combination of special measures ought to be used for the purpose of taking the person's evidence.
In determining under subsection (3)(a) whether a person is likely to be a vulnerable witness the party must—
take into account the matters mentioned in section 271(2),
have regard to the best interests of the person, and
take account of any views expressed by the person.
Annotations
Textual amendments
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S. 271BA inserted (1.9.2015) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 16(1), 34; S.S.I. 2015/200, art. 2(2), sch. (with arts. 1(3), 4)
Modifications
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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
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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)