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VITAL VOICES: Helping Vulnerable Witnesses Give Evidence
End notes
1 A precognition is an unsigned statement taken from a potential witness before formal evidence at trial is given.
2 S.227, which as at Stage 2 states:
(1) Subject to subsection (2) below, in this Act "mental disorder" means any:
(a) mental illness;
(b) personality disorder; or
(c) learning disability,
however caused or manifested; and cognate expressions shall be construed accordingly.
(2) A person is not mentally disordered by reason only of any of the following:
(a) sexual orientation;
(b) sexual deviancy;
(c) transsexualism;
(d) transvestism;
(e) dependence on, or use of, alcohol or drugs;
(f) behaviour that causes, or is likely to cause, harassment, alarm or distress to any other person;
(g) acting as no prudent person would act.
3 Stewart Hampson, Ian McMillan, Jason Fox v HMA (Appeal No: 159//02 - 28/11/02)
4 see the Memorandum by the Lord Justice General on the Treatment of Child Witnesses by the Courts
5 Recommendation 8.1. (This report is contained in the Child Witness Support Consultation document
which was published by the Scottish Executive in October 2002.)
6 for example in Children's Hearing Referrals, see Child Care and Maintenance Rules 1997
[SI 1997 No. 291]
7 Section 271 of the Criminal Procedure (Scotland) Act 1995
8 Section 260 of the Criminal Procedure (Scotland) Act 1995
9 HMA v Grimmond SSCR 2001
10 Section 271(11) of the Criminal Procedure (Scotland) Act 1995
11 Section 2 of the Civil Evidence (Scotland) Act 1988
12 Section 93(5) of the Children (Scotland) Act 1995
13 Child Care and Maintenance Rules 1997 [SI 1997 No. 291]
14 For example, where the grounds of referral to a children's hearing are one of those specified in section 52(2)(d) to (g) of the Children (Scotland) Act 1995
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