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INFORMATION ABOUT CHILD, YOUNG AND VULNERABLE ADULT WITNESSES TO INFORM DECISION-MAKING IN THE LEGAL PROCESS GOOD PRACTICE GUIDANCE
APPENDIX 1: VULNERABLE WITNESSES (SCOTLAND) ACT 2004
PART 1 SECTION 1
Evidence of children and other vulnerable witnesses: special measures
271 Vulnerable witnesses: main definitions
(1) For the purposes of this Act, a person who is giving or is to give evidence at, or for the purposes of, a trial is a vulnerable witness if-
(a) the person is under the age of 16 on the date of commencement of the proceedings in which the trial is being or to be held (such a vulnerable witness being referred to in this Act as a "child witness"), or
(b) where the person is not a child witness, there is a significant risk that the quality of the evidence to be given by the person will be diminished by reason of-
(i) mental disorder (within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13)), or
(ii) fear or distress in connection with giving evidence at the trial.
(2) In determining whether a person is a vulnerable witness by virtue of subsection (1)(b) above, the court shall take into account-
(a) the nature and circumstances of the alleged offence to which the proceedings relate,
(b) the nature of the evidence which the person is likely to give,
(c) the relationship (if any) between the person and the accused,
(d) the person's age and maturity,
(e) any behaviour towards the person on the part of-
(i) the accused,
(ii) members of the family or associates of the accused,
(iii) any other person who is likely to be an accused or a witness in the proceedings, and
(f) such other matters, including-
(i) the social and cultural background and ethnic origins of the person,
(ii) the person's sexual orientation,
(iii) the domestic and employment circumstances of the person,
(iv) any religious beliefs or political opinions of the person, and
(v) any physical disability or other physical impairment which the person has,
as appear to the court to be relevant.
(4) In subsection (1)(b) above, the reference to the quality of evidence is to its quality in terms of completeness, coherence and accuracy.
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