# Criminal Procedure (Scotland) Act 1995, Section 271E: Vulnerable witnesses: supplementary provision

Extent: S

(1) Subsection (2) below applies where—
(a) a party is considering for the purposes of a vulnerable witness notice , a notice that is to be lodged with the clerk of court under section 271AA or a vulnerable witness application which of the special measures is or are the most appropriate for the purpose of taking the evidence of the person to whom the notice or application relates, or
(b) the court is making an order under section 271A(5)(a)(ii) or (b) or (9), 271C or 271D of this Act.
(2) The party or, as the case may be, the court shall—
(a) have regard to the best interests of the witness, and
(b) take account of any views expressed by—
(i) the witness (having regard, where the witness is a child witness, to the witness’s age and maturity), and
(ii) where the witness is a child witness, the witness’s parent (except where the parent is the accused).
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In this section—
“parent”, in relation to a child witness, means any person having parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995 (c. 36) in relation to the child witness,
“the witness” means—
(a)in the case referred to in subsection (1)(a) above, the person to whom the notice or application relates,
(b)in the case referred to in subsection (1)(b) above, the person to whom the order would relate.

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Source: https://www.legislation.gov.uk/ukpga/1995/46/section/271E (the official version)
Page: https://openlegislation.uk/criminal-procedure-scotland-act-1995/section-271E
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.