Paragraph 23 Vulnerable witnesses

(1)

In proceedings before the Registration Appeal Committee, the following may, if the quality of their evidence is likely to be adversely affected as a result, be treated as a vulnerable witness—

(a)

any witness under the age of 17 at the time of the hearing;

(b)

any witness with a mental disorder within the meaning of the Mental Health Act 1983^f1;

(c)

any witness who is significantly impaired in relation to intelligence and social functioning;

(d)

any witness with physical disabilities who requires assistance to give evidence;

(e)

any witness, where the allegation against the registrant is of a sexual nature and the witness was the alleged victim; and

(f)

any witness who complains of intimidation.

(2)

Subject to the advice of the legal adviser, and upon hearing representations from the parties, the Committee may adopt such measures as it considers desirable to enable it to receive evidence from a vulnerable witness.

(3)

Measures adopted by the Committee may include, but shall not be limited to—

(a)

use of video links;

(b)

use of pre-recorded evidence as the evidence-in-chief of a witness, provided always that such witness is available at the hearing for cross-examination and questioning by the Committee;

(c)

use of interpreters (including signers and translators) or intermediaries;

(d)

use of screens or such other measures as the Committee consider necessary in the circumstances in order to prevent—

(i)

the identity of the witness being revealed to the press or the general public; or

(ii)

access to the witness by the appellant or the applicant; and

(e)

the hearing of evidence by the Committee in private.

(4)

Where—

(a)

the evidence to be given by a witness relates to facts which are sexual in nature;

(b)

the witness is an alleged victim; and

(c)

the appellant or the applicant is acting in person,

the appellant or the applicant shall not without the written consent of the witness be allowed to cross-examine the witness in person.

(5)

In the circumstances set out in paragraph (4), in the absence of written consent, the appellant or the applicant shall no less than 7 days before the hearing appoint a legally qualified person to cross-examine the witness on his behalf, and in default, the Council shall appoint such person on behalf of the appellant or applicant.

Annotations

Footnotes

f1: 1983 c. 20.

Notes on Schedule

Footnotes

f1: 1989 c. 44. Section 10 was amended, and sections 23C, 23D, 23E and 31A were inserted, by S.I. 2005/848.
f2: See section 23D(10) of the Opticians Act 1989.