# Vulnerable Witnesses (Scotland) Act 2004, Section 19: Taking of evidence by a commissioner


(1) Where the special measure to be used is taking of evidence by a commissioner, the court must appoint a commissioner to take the evidence of the vulnerable witness in respect of whom the special measure is to be used.
(2) Proceedings before a commissioner appointed under subsection (1) above must be recorded by video recorder.
(3) A party to the proceedings—
(a) must not, except by leave of the court, be present in the room where such proceedings are taking place, but
(b) is entitled by such means as seem suitable to the court to watch and hear the proceedings.
(4) The recording of the proceedings made in pursuance of subsection (2) above is to be received in evidence without being sworn to by witnesses.

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Source: https://www.legislation.gov.uk/asp/2004/3/section/19 (the official version)
Page: https://openlegislation.uk/vulnerable-witnesses-scotland-act-2004/section-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.