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In force since 2026-11-02, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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No one has proposed a change to this act yet.
Nothing in sections 271A to 271F of this Act affects any power or duty which a court has otherwise than by virtue of those sections to make or authorise any special arrangements for taking the evidence of any person.
Propose a change(1) The special measures which may be authorised to be used under section 271A, 271C or 271D of this Act for the purpose of taking the evidence of a vulnerable witness are— (a) taking of evidence by a commissioner in accordance with section 271I of this Act, (b) use of a live television link in accordance with section 271J of this Act, (c) use of a screen in accordance with section 271K of this Act, (d) use of a supporter in accordance with section 271L of this Act, (e) giving evidence in chief in the form of a prior statement in accordance with section 271M of this Act, and (ea) excluding the public during the taking of the evidence in accordance with section 271HB of this Act, (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) The Scottish Ministers may, by order subject to the affirmative procedure— (a) modify subsection (1), (b) in consequence of any modification made under paragraph (a)— (i) prescribe the procedure to be followed when special measures are used, and (ii) so far as is necessary, modify sections 271A to 271M of this Act. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Provision may be made by Act of Adjournal regulating, so far as not regulated by sections 271I to 271M of this Act, the use in any proceedings of any special measure authorised to be used by virtue of section 271A, 271C or 271D of this Act.
Propose a change(1) The Scottish Ministers may, by order subject to the affirmative procedure, specify additional measures which for the time being are to be treated as special measures listed in section 271H(1). (2) An order under subsection (1) (3) An order under subsection (1) must specify— (a) the area in which the additional measures may be used, (b) the period during which the additional measures may be used, and (c) the procedure to be followed when the additional measures are used.
Propose a change(1) This section applies where the special measure to be used in respect of a vulnerable witness is excluding the public during the taking of the evidence of the vulnerable witness. (2) The court may direct that all or any persons other than those mentioned in subsection (3) are excluded from the court during the taking of the evidence. (3) The persons are— (a) members or officers of the court, (b) parties to the case before the court, their counsel or solicitors or persons otherwise directly concerned in the case, (c) bona fide representatives of news gathering or reporting organisations present for the purpose of the preparation of contemporaneous reports of the proceedings, (d) such other persons as the court may specially authorise to be present.
Propose a change(1) Where the special measure to be used is taking of evidence by a commissioner, the court shall appoint a commissioner to take the evidence of the vulnerable witness in respect of whom the special measure is to be used. (1ZA) A court which appoints a commissioner under subsection (1) must— (a) fix a date for the proceedings before the commissioner, and (b) fix a date for a hearing (to be known as a “ground rules hearing”) for the purpose of preparing for the proceedings. (1ZB) The ground rules hearing is to be presided over by— (a) a judge of the court which appointed the commissioner if— (i) the court directs that the ground rules hearing be conjoined with another hearing or diet that is to be held before the date of the proceedings to which the ground rules hearing relates and that hearing or diet is presided over by a judge, or (ii) it is not reasonably practicable for the ground rules hearing to be presided over by the commissioner appointed to preside over the proceedings to which the ground rules hearing relates, or (b) in any other case, the commissioner appointed to preside over the proceedings to which the ground rules hearing relates. (1ZC) In cases where a judge presides over a ground rules hearing in accordance with subsection (1ZB)(a), references to the commissioner in subsection (1ZD) are to be read as references to the judge. (1ZD) The commissioner presiding over a ground rules hearing must— (a) ascertain the length of time the parties expect to take for examination-in-chief and cross-examination, including any breaks that may be required, (b) to the extent that the commissioner considers it appropriate to do so, decide on the form and wording of the questions that are to be asked of the vulnerable witness, (c) if the commissioner considers it appropriate to do so, authorise the use of a supporter at the proceedings, in accordance with section 271L, (d) if the commissioner considers that there are steps that could reasonably be taken to enable the vulnerable witness to participate more effectively in the proceedings, direct that those steps be taken, (e) subject to section 72(8) which applies in relation to the commissioner as it applies in relation to the court, dispose of any application that— (i) has been made under section 275(1) or 288F(2), and (ii) has not yet been disposed of by the court, (f) consider whether the proceedings should take place on the date fixed by the court and postpone the proceedings if the commissioner considers that it is in the interests of justice to do so having regard to all the circumstances, including— (i) whether the parties are likely to be ready for the proceedings to take place on the date fixed by the court and if not, the reasons for that, (ii) any views expressed by the parties on whether the proceedings should be postponed, and (iii) whether postponement is in the interests of the vulnerable witness, and (g) consider and, if appropriate, make a decision on, any other matter that the commissioner considers could be usefully dealt with before the proceedings take place. (1A) Proceedings before a commissioner appointed under subsection (1) above shall, if the court so directed when authorising such proceedings or it was so directed at the ground rules hearing, take place by means of a live television link between the place where the commissioner is taking, and the place from which the witness is giving, evidence. (2) Proceedings before a commissioner appointed under subsection (1) above shall be recorded by video recorder. (3) An accused— (a) shall not, except by leave of the court on special cause shown, be present— (i) in the room where such proceedings are taking place; or (ii) if such proceedings are taking place by means of a live television link, in the same room as the witness, 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 shall be received in evidence without being sworn to by witnesses. (4A) It is not necessary (in solemn cases) for an indictment to have been served before— (a) a party may lodge a vulnerable witness notice which specifies the special measure of taking evidence by commissioner as the special measure or one of the special measures which the party considers to be the most appropriate for the purpose of taking the witness's evidence, (b) a court may make an order authorising the use of the special measure of taking evidence by commissioner, whether on its own or in combination with any other special measure specified in the same vulnerable witness notice, (c) a court may appoint a commissioner under subsection (1), or (d) proceedings may take place before a commissioner appointed under subsection (1). (5) Sections— (a) 274; (b) 275; (c) 275B except subsection (2)(b); (d) 275C; (e) 288C; (f) 288E; and (g) 288F, of this Act apply in relation to proceedings before a commissioner appointed under subsection (1) above as they apply in relation to a trial. (6) In the application of those sections in relation to such proceedings— (a) the commissioner acting in the proceedings is to perform the functions of the court as provided for in those sections; (b) references— (i) in those sections, except section 275(3)(c) and (7)(c), to a trial or a trial diet; (ii) in those sections, except sections 275(3)(e) and 288F(2), (3) and (4), to the court, shall be read accordingly; (c) the reference in section 275B(1) to 14 days shall be read as a reference to 7 days. (7) In a case where it falls to the court to appoint a commissioner under subsection (1) above, the commissioner shall be a person described in subsection (8) below. (8) The persons are— (a) where the proceedings before the commissioner are for the purposes of a trial which the court (when it appoints the commissioner) expects will be in the High Court, a judge of the High Court; or (b) in any other case, a sheriff.
Propose a change(1) Where the special measure to be used is a live television link, the court shall make such arrangements as seem to it appropriate for the vulnerable witness in respect of whom the special measure is to be used to give evidence from a place outside the court-room where the hearing is to take place by means of a live television link between that place and the court-room. (2) The place from which the vulnerable witness gives evidence by means of the link— (a) may be another part of the court building in which the court-room is located or any other suitable place outwith that building, and (b) shall be treated, for the purposes of the proceedings at the hearing, as part of the court-room whilst the witness is giving evidence. (3) Any proceedings conducted by means of a live television link by virtue of this section shall be treated as taking place in the presence of the accused. (4) Where— (a) the live television link is to be used in proceedings in a sheriff court, but (b) that court lacks accommodation or equipment necessary for the purpose of receiving such a link, the sheriff may by order transfer the proceedings to any other sheriff court in the same sheriffdom which has such accommodation or equipment available. (5) An order may be made under subsection (4) above— (a) at any stage in the proceedings (whether before or after the commencement of the hearing), or (b) in relation to any part of the proceedings.
Propose a change(1) Where the special measure to be used is a screen, the screen shall be used to conceal the accused from the sight of the vulnerable witness in respect of whom the special measure is to be used. (2) However, the court shall make arrangements to ensure that the accused is able to watch and hear the vulnerable witness giving evidence. (3) Subsections (4) and (5) of section 271J of this Act apply for the purpose of the use of a screen under this section as they apply for the purpose of the use of a live television link under that section but as if— (a) references to the live television link were references to the screen, and (b) the reference to receiving such a link were a reference to the use of a screen.
Propose a change(1) Where the special measure to be used is a supporter, another person (“the supporter”) nominated by or on behalf of the vulnerable witness in respect of whom the special measure is to be used may be present alongside the witness to support the witness while the witness is giving evidence. (2) Where the person nominated as the supporter is to give evidence at that or any other hearing in the proceedings, that person may not act as the supporter at any time before giving evidence. (3) The supporter shall not prompt or otherwise seek to influence the witness in the course of giving evidence.
Propose a change(1) This section applies where the special measure to be used in respect of a vulnerable witness is giving evidence in chief in the form of a prior statement. (2) A statement made by the vulnerable witness which is lodged in evidence for the purposes of this section by or on behalf of the party citing the vulnerable witness shall, subject to subsection (3) below, be admissible as the witness’s evidence in chief, or as part of the witness’s evidence in chief, without the witness being required to adopt or otherwise speak to the statement in giving evidence in court. (3) Section 260 of this Act shall apply to a statement lodged for the purposes of this section as it applies to a prior statement referred to in that section but as if— (a) references to a prior statement were references to the statement lodged for the purposes of this section, (b) in subsection (1), the words “where a witness gives evidence in criminal proceedings” were omitted, and (c) in subsection (2), paragraph (b) were omitted. (4) This section does not affect the admissibility of any statement made by any person which is admissible otherwise than by virtue of this section. (5) In this section, “statement” has the meaning given in section 262(1) of this Act.
Propose a change(1) A court may make an order requiring such specified measures to be taken in relation to a witness in criminal proceedings as the court considers appropriate to ensure that the identity of the witness is not disclosed in or in connection with the proceedings. (2) The court may make such an order only on an application made in accordance with sections 271P and 271Q, if satisfied of the conditions set out in section 271R having considered the matters set out in section 271S. (3) The kinds of measures that may be required to be taken in relation to a witness include in particular measures for securing one or more of the matters mentioned in subsection (4). (4) Those matters are— (a) that the witness's name and other identifying details may be— (i) withheld, (ii) removed from materials disclosed to any party to the proceedings, (b) that the witness may use a pseudonym, (c) that the witness is not asked questions of any specified description that might lead to the identification of the witness, (d) that the witness is screened to any specified extent, (e) that the witness's voice is subjected to modulation to any specified extent. (5) Nothing in this section authorises the court to require— (a) the witness to be screened to such an extent that the witness cannot be seen by the judge or the jury, (b) the witness's voice to be modulated to such an extent that the witness's natural voice cannot be heard by the judge or the jury. (6) An order made under this section is referred to in this Act as a “witness anonymity order”. (7) In this section “specified” means specified in the order concerned.
Propose a change(1) An application for a witness anonymity order to be made in relation to a witness in criminal proceedings may be made to the court by the prosecutor or the accused. (2) Where an application is made by the prosecutor, the prosecutor— (a) must (unless the court directs otherwise) inform the court of the identity of the witness, but (b) is not required to disclose in connection with the application— (i) the identity of the witness, or (ii) any information that might enable the witness to be identified, to any other party to the proceedings (or to the legal representatives of any other party to the proceedings). (3) Where an application is made by the accused, the accused— (a) must inform the court and the prosecutor of the identity of the witness, but (b) if there is more than one accused, is not required to disclose in connection with the application— (i) the identity of the witness, or (ii) any information that might enable the witness to be identified, to any other accused (or to the legal representatives of any other accused). (4) Subsections (5) and (6) apply where the prosecutor or the accused proposes to make an application under this section in respect of a witness. (5) Any relevant information which is disclosed by or on behalf of that party before the determination of the application must be disclosed in such a way as to prevent— (a) the identity of the witness, or (b) any information that might enable the witness to be identified, from being disclosed except as required by subsection (2)(a) or (3)(a). (6) Despite any provision in this Act to the contrary, any relevant list, application or notice lodged, made or given by that party before the determination of the application must not— (a) disclose the identity of the witness, or (b) contain any other information that might enable the witness to be identified, but the list, application or notice must, instead, refer to the witness by a pseudonym. (7) “Relevant information” means any document or other material which falls to be disclosed, or is sought to be relied on, by or on behalf of the party concerned in connection with the proceedings or proceedings preliminary to them. (8) “Relevant list, application or notice” means— (a) a list of witnesses, (b) a list of productions, (c) a notice under section 67(5) or 78(4) relating to the witness, (d) a motion or application under section 268, 269 or 270 relating to the witness, (e) any other motion, application or notice relating to the witness. (9) The court must give every party to the proceedings the opportunity to be heard on an application under this section. (10) Subsection (9) does not prevent the court from hearing one or more of the parties to the proceedings in the absence of an accused and the accused's legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case. (11) Nothing in this section is to be taken as restricting any power to make rules of court.
Propose a change(1) In proceedings on indictment, an application under section 271P is a preliminary issue (and sections 79 and 87A and other provisions relating to preliminary issues apply accordingly). (2) No application under section 271P may be made in summary proceedings by any party unless notice of the party's intention to do so has been given— (a) if an intermediate diet has been fixed, before that diet, (b) if no intermediate diet has been fixed, before the commencement of the trial. (3) Subsection (2) is subject to subsections (4) and (8). (4) In summary proceedings in which an intermediate diet has been fixed, the court may, on cause shown, grant leave for an application under section 271P to be made without notice having been given in accordance with subsection (2)(a). (5) Subsection (6) applies where— (a) the court grants leave for a party to make an application under section 271P without notice having been given in accordance with subsection (2)(a), or (b) notice of a party's intention to make such an application is given in accordance with subsection (2)(b). (6) The application must be disposed of before the commencement of the trial. (7) Subsection (8) applies where a motion or application is made under section 268, 269 or 270 to lead the evidence of a witness. (8) Despite section 79(1) and subsection (2) above, an application under section 271P may be made in respect of the witness at the same time as the motion or application under section 268, 269 or 270 is made. (9) The application must be determined by the court before continuing with the trial. (10) Where an application is made under section 271P, the court may postpone or adjourn (or further adjourn) the trial diet. (11) In this section, “ commencement of the trial ” means the time when the first witness for the prosecution is sworn.
Propose a change(1) This section applies where an application is made for a witness anonymity order to be made in relation to a witness in criminal proceedings. (2) The court may make the order only if it is satisfied that Conditions A to D below are met. (3) Condition A is that the proposed order is necessary— (a) in order to protect the safety of the witness or another person or to prevent any serious damage to property, or (b) in order to prevent real harm to the public interest (whether affecting the carrying on of any activities in the public interest or the safety of a person involved in carrying on such activities or otherwise). (4) Condition B is that, having regard to all the circumstances, the effect of the proposed order would be consistent with the accused's receiving a fair trial. (5) Condition C is that the importance of the witness's testimony is such that in the interests of justice the witness ought to testify. (6) Condition D is that— (a) the witness would not testify if the proposed order were not made, or (b) there would be real harm to the public interest if the witness were to testify without the proposed order being made. (7) In determining whether the measures to be specified in the order are necessary for the purpose mentioned in subsection (3)(a), the court must have regard in particular to any reasonable fear on the part of the witness— (a) that the witness or another person would suffer death or injury, or (b) that there would be serious damage to property, if the witness were to be identified.
Propose a change(1) When deciding whether Conditions A to D in section 271R are met in the case of an application for a witness anonymity order, the court must have regard to— (a) the considerations mentioned in subsection (2), and (b) such other matters as the court considers relevant. (2) The considerations are— (a) the general right of an accused in criminal proceedings to know the identity of a witness in the proceedings, (b) the extent to which the credibility of the witness concerned would be a relevant factor when the witness's evidence comes to be assessed, (c) whether evidence given by the witness might be material in implicating the accused, (d) whether the witness's evidence could be properly tested (whether on grounds of credibility or otherwise) without the witness's identity being disclosed, (e) whether there is any reason to believe that the witness— (i) has a tendency to be dishonest, or (ii) has any motive to be dishonest in the circumstances of the case, having regard in particular to any previous convictions of the witness , including any convictions by a court in any part of the United Kingdom or in any member State of the European Union, and to any relationship between the witness and the accused or any associates of the accused, (f) whether it would be reasonably practicable to protect the witness's identity by any means other than by making a witness anonymity order specifying the measures that are under consideration by the court.
Propose a change(1) Subsection (2) applies where, in a trial on indictment, any evidence has been given by a witness at a time when a witness anonymity order applied to the witness. (2) The judge must give the jury such direction as the judge considers appropriate to ensure that the fact that the order was made in relation to the witness does not prejudice the accused.
Propose a change(1) This section applies where a court has made a witness anonymity order in relation to any criminal proceedings. (2) The court may discharge or vary (or further vary) the order if it appears to the court to be appropriate to do so in view of the provisions of sections 271R and 271S that applied to the making of the order. (3) The court may do so— (a) on an application made by a party to the proceedings if there has been a material change of circumstances since the relevant time, or (b) on its own initiative. (4) The court must give every party to the proceedings the opportunity to be heard— (a) before determining an application made to it under subsection (3)(a), and (b) before discharging or varying the order on its own initiative. (5) Subsection (4) does not prevent the court from hearing one or more of the parties to the proceedings in the absence of an accused and the accused's legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case. (6) In subsection (3)(a) “the relevant time” means— (a) the time when the order was made, or (b) if a previous application has been made under that subsection, the time when the application (or the last application) was made.
Propose a change(1) The prosecutor or the accused may appeal to the appropriate Appeal Court against— (a) the making of a witness anonymity order under section 271N, (b) the kinds of measures that are required to be taken in relation to a witness under a witness anonymity order made under that section, (c) the refusal to make a witness anonymity order under that section, (d) the discharge of a witness anonymity order under section 271U, (e) the variation of a witness anonymity order under that section, or (f) the refusal to discharge or vary a witness anonymity order under that section. (2) The appeal may be brought only with the leave of the court of first instance, granted— (a) on the motion of the party making the appeal, or (b) on its own initiative. (3) The procedure in relation to the appeal is to be prescribed by Act of Adjournal. (4) If an appeal is brought under this section— (a) the period between the lodging of the appeal and its determination does not count towards any time limit applying in respect of the case, (b) the court of first instance or the appropriate Appeal Court may do either or both of the following— (i) postpone or adjourn (or further adjourn) the trial diet, (ii) extend any time limit applying in respect of the case. (5) An appeal under this section does not affect any right of appeal in relation to any other decision of any court in the criminal proceedings. (6) In this section, “appropriate Appeal Court” means— (a) in the case of an appeal under this section against a decision made in proceedings on indictment, the High Court; (b) in the case of an appeal under this section against a decision made in summary proceedings, the Sheriff Appeal Court.
Propose a change(1) This section applies where— (a) an appeal is brought under section 271V(1)(a) against the making of a witness anonymity order, and (b) the court hearing the appeal determines that the decision of the judge at first instance was wrong in law. (2) The court hearing the appeal must discharge the order and the trial is to proceed as if the order had not been made.
Propose a change(1) This section applies where— (a) an appeal is brought under section 271V(1)(c) against the refusal to make a witness anonymity order in relation to a witness in criminal proceedings, and (b) the court hearing the appeal determines that the decision of the judge at first instance was wrong in law. (2) The court hearing the appeal must make an order requiring such specified measures to be taken in relation to the witness in the proceedings as the court considers appropriate to ensure that the identity of the witness is not disclosed in or in connection with the proceedings.
Propose a change(1) This section applies where— (a) an appeal is brought under section 271V(1)(e) against a variation of a witness anonymity order, and (b) the court hearing the appeal determines that the decision of the judge at first instance was wrong in law. (2) The court hearing the appeal must discharge the variation. (3) If the court hearing the appeal determines that it is appropriate to make an additional variation in view of the provisions of sections 271R and 271S, the court may do so.
Propose a change(1) This section applies where— (a) an appeal is brought under section 271V(1)(f) against a refusal to discharge or vary a witness anonymity order, and (b) the court hearing the appeal determines that the decision of the judge at first instance was wrong in law. (2) The court hearing the appeal must discharge the order, or make the variation, as the case requires. (3) If, in the case of a variation, the court hearing the appeal determines that it is appropriate to make an additional variation in view of the provisions of sections 271R and 271S, the court may do so.
Propose a change(1) In any criminal proceedings in the High Court or the sheriff court the prosecutor or the defence may, at an appropriate time, apply to a judge of the court in which the trial is to take place (or, if that is not yet known, to a judge of the High Court) for— (a) the issue of a letter of request to a court, or tribunal, exercising jurisdiction in a country or territory outside the United Kingdom, Channel Islands and Isle of Man for the examination of a witness resident in that country or territory; or (b) the appointment of a commissioner to examine, at any place in the United Kingdom, Channel Islands, or Isle of Man, a witness who— (i) by reason of being ill or infirm is unable to attend the trial diet; or (ii) is not ordinarily resident in, and is, at the time of the trial diet, unlikely to be present in, the United Kingdom, Channel Islands or the Isle of Man. (2) A hearing, as regards any application under subsection (1) above by a party, shall be conducted in chambers but may be dispensed with if the application is not opposed. (3) An application under subsection (1) above may be granted only if the judge is satisfied that— (a) the evidence which it is averred the witness is able to give is necessary for the proper adjudication of the trial; and (b) there would be no unfairness to the other party were such evidence to be received in the form of the record of an examination conducted by virtue of that subsection. (4) Any such record as is mentioned in paragraph (b) of subsection (3) above shall, without being sworn to by witnesses, be received in evidence in so far as it either accords with the averment mentioned in paragraph (a) of that subsection or can be so received without unfairness to either party. (5) Where any such record as is mentioned in paragraph (b) of subsection (3) above, or any part of such record, is not a document in writing, that record or part shall not be received in evidence under subsection (4) above unless it is accompanied by a transcript of its contents. (6) The procedure as regards the foregoing provisions of this section shall be prescribed by Act of Adjournal; and without prejudice to the generality of the power to make it, such an Act of Adjournal may provide for the appointment of a person before whom evidence may be taken for the purposes of this section. (7) In subsection (1) above, “appropriate time” means as regards— (a) solemn proceedings, any time before the oath is administered to the jury; (b) summary proceedings, any time before the first witness is sworn, or (but only in relation to an application under paragraph (b) of that subsection) any time during the course of the trial if the circumstances on which the application is based had not arisen, or would not have merited such application, within the period mentioned in paragraph (a) or, as the case may be, (b) of this subsection. (8) In subsection (3) and (4) above, “record” includes, in addition to a document in writing— (a) any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and (b) any film (including microfilm), negative, tape, disc or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom. (9) This section is without prejudice to any existing power at common law to adjourn a trial diet to the place where a witness is. (10) Sections— (a) 274; (b) 275; (c) 275B except subsection (2)(b); (d) 275C; and (e) 288C, of this Act apply in relation to proceedings in which a commissioner examines a witness under subsection (1)(b) above as they apply in relation to a trial. (11) In the application of those sections in relation to such proceedings— (a) the commissioner acting in the proceedings is to perform the functions of the court as provided for in those sections; (b) references— (i) in those sections, except section 275(3)(c) and (7)(c), to a trial or a trial diet; (ii) in those sections, except section 275(3)(e), to the court, shall be read accordingly; (c) the reference in section 275B(1) to 14 days shall be read as a reference to 7 days. (12) In a case where it falls to the court to appoint a commissioner for the purposes of subsection (1)(b) above, the commissioner shall be a person described in subsection (13) below. (13) The persons are— (a) where the proceedings before the commissioner are for the purposes of a trial in the High Court, a judge of the High Court; or (b) in any other case, a sheriff. (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) In any criminal proceedings in the High Court or the sheriff court a person other than the accused may give evidence through a live television link if— (a) the witness is outside the United Kingdom; (b) an application under subsection (2) below for the issue of a letter of request has been granted; and (c) the court is satisfied as to the arrangements for the giving of evidence in that manner by that witness. (2) The prosecutor or the defence in any proceedings referred to in subsection (1) above may apply to a judge of the court in which the trial is to take place (or, if that court is not yet known, to a judge of the High Court) for the issue of a letter of request to— (a) a court or tribunal exercising jurisdiction in a country or territory outside the United Kingdom where a witness is ordinarily resident; or (b) any authority which the judge is satisfied is recognised by the government of that country or territory as the appropriate authority for receiving requests for assistance in facilitating the giving of evidence through a live television link, requesting assistance in facilitating the giving of evidence by that witness through a live television link. (3) An application under subsection (2) above shall be granted only if the judge is satisfied that— (a) the evidence which it is averred the witness is able to give is necessary for the proper adjudication of the trial; and (b) the granting of the application — (i) is in the interests of justice; and (ii) in the case of an application by the prosecutor, is not unfair to the accused. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) In any criminal proceedings in the High Court or the sheriff court a person other than the accused may give evidence through a live television link if— (a) the witness is within the United Kingdom but outside Scotland, (b) an application under this section for the issue of a letter of request has been granted, and (c) the court is satisfied as to the arrangements for the giving of evidence in that manner by that witness. (2) The prosecutor or the defence in any proceedings referred to in subsection (1) may apply for the issue of a letter of request. (3) The application must be made to a judge of the court in which the trial is to take place or, if that court is not yet known, to a judge of the High Court. (4) The judge may, on an application under this section, issue a letter to a court or tribunal exercising jurisdiction in the place where the witness is ordinarily resident requesting assistance in facilitating the giving of evidence by that witness through a live television link, if the judge is satisfied of the matters set out in subsection (5). (5) Those matters are— (a) that the evidence which it is averred the witness is able to give is necessary for the proper adjudication of the trial, (b) that the granting of the application— (i) is in the interests of justice, and (ii) in the case of an application by the prosecutor, is not unfair to the accused.
Propose a change(1) In the trial of a person charged with an offence to which section 288C of this Act applies, the court shall not admit, or allow questioning designed to elicit, evidence which shows or tends to show that the complainer— (a) is not of good character (whether in relation to sexual matters or otherwise); (b) has, at any time, engaged in sexual behaviour not forming part of the subject matter of the charge; (c) has, at any time (other than shortly before, at the same time as or shortly after the acts which form part of the subject matter of the charge), engaged in such behaviour, not being sexual behaviour, as might found the inference that the complainer— (i) is likely to have consented to those acts; or (ii) is not a credible or reliable witness; or (d) has, at any time, been subject to any such condition or predisposition as might found the inference referred to in sub-paragraph (c) above. (2) In subsection (1) above— “complainer” means the person against whom the offence referred to in that subsection is alleged to have been committed; and the reference to engaging in sexual behaviour includes a reference to undergoing or being made subject to any experience of a sexual nature.
Propose a change(1) The court may, on application made to it, admit such evidence or allow such questioning as is referred to in subsection (1) of section 274 of this Act if satisfied that— (a) the evidence or questioning will relate only to a specific occurrence or occurrences of sexual or other behaviour or to specific facts demonstrating— (i) the complainer’s character; or (ii) any condition or predisposition to which the complainer is or has been subject; (b) that occurrence or those occurrences of behaviour or facts are relevant to establishing whether the accused is guilty of the offence with which he is charged; and (c) the probative value of the evidence sought to be admitted or elicited is significant and is likely to outweigh any risk of prejudice to the proper administration of justice arising from its being admitted or elicited. (2) In subsection (1) above— (a) the reference to an occurrence or occurrences of sexual behaviour includes a reference to undergoing or being made subject to any experience of a sexual nature; (b) “the proper administration of justice” includes— (i) appropriate protection of a complainer’s dignity and privacy; and (ii) ensuring that the facts and circumstances of which a jury is made aware are, in cases of offences to which section 288C of this Act applies, relevant to an issue which is to be put before the jury and commensurate to the importance of that issue to the jury’s verdict, and, in that subsection and in sub-paragraph (i) of paragraph (b) above, “complainer” has the same meaning as in section 274 of this Act. (3) An application for the purposes of subsection (1) above shall be in writing and shall set out— (a) the evidence sought to be admitted or elicited; (b) the nature of any questioning proposed; (c) the issues at the trial to which that evidence is considered to be relevant; (d) the reasons why that evidence is considered relevant to those issues; (e) the inferences which the applicant proposes to submit to the court that it should draw from that evidence; and (f) such other information as is of a kind specified for the purposes of this paragraph in Act of Adjournal. (4) The party making such an application shall, when making it, send a copy of it— (a) when that party is the prosecutor, to the accused; and (b) when that party is the accused, to the prosecutor and any co-accused. (5) The court may reach a decision under subsection (1) above without considering any evidence; but, where it takes evidence for the purposes of reaching that decision, it shall do so as if determining the admissibility of evidence. (6) The court shall state its reasons for its decision under subsection (1) above, and may make that decision subject to conditions which may include compliance with directions issued by it. (7) Where a court admits evidence or allows questioning under subsection (1) above, its decision to do so shall include a statement— (a) of what items of evidence it is admitting or lines of questioning it is allowing; (b) of the reasons for its conclusion that the evidence to be admitted or to be elicited by the questioning is admissible; (c) of the issues at the trial to which it considers that that evidence is relevant. (8) A condition under subsection (6) above may consist of a limitation on the extent to which evidence— (a) to be admitted; or (b) to be elicited by questioning to be allowed, may be argued to support a particular inference specified in the condition. (9) Where evidence is admitted or questioning allowed under this section, the court at any time may— (a) as it thinks fit; and (b) notwithstanding the terms of its decision under subsection (1) above or any condition under subsection (6) above, limit the extent of evidence to be admitted or questioning to be allowed.
Propose a change(1) Where, under section 275 of this Act, a court (or, in proceedings before a commissioner appointed under section 271I(1) or by virtue of section 272(1)(b) of this Act, a commissioner) on the application of the accused allows such questioning or admits such evidence as is referred to in section 274(1) of this Act, the prosecutor shall forthwith place before the presiding judge any previous relevant conviction of the accused. (2) Subject to subsection (2A) any conviction placed before the judge under subsection (1) above shall, unless the accused objects, be— (a) in proceedings on indictment, laid before the jury; (b) in summary proceedings, taken into consideration by the judge. (2A) Where the conviction is a relevant conviction by virtue of subsection (10)(aa)(ii), subsection (2) applies only if the judge considers it appropriate. (3) An extract of a conviction referred to in subsection (2) may not be laid before the jury or taken into consideration by the judge unless such an extract was appended to the notice, served on the accused under section 69(2) or, as the case may be, 166(2) of this Act, which specified that conviction. (4) An objection under subsection (2) above may be made only on one or more of the following grounds— (a) where the conviction bears to be a relevant conviction by virtue only of paragraph (b) of subsection (10) below, that there was not a substantial sexual element present in the commission of the offence for which the accused has been convicted; (b) that the disclosure or, as the case may be, the taking into consideration of the conviction would be contrary to the interests of justice; (c) in proceedings on indictment, that the conviction does not apply to the accused or is otherwise inadmissible; (d) in summary proceedings, that the accused does not admit the conviction. (5) Where— (a) an objection is made on one or more of the grounds mentioned in paragraphs (b) to (d) of subsection (4) above; and (b) an extract of the conviction in respect of which the objection is made was not appended to the notice, served on the accused under section 69(2) or, as the case may be, 166(2) above, which specified that conviction, the prosecutor may, notwithstanding subsection (3) above, place such an extract conviction before the judge. (6) In summary proceedings, the judge may, notwithstanding subsection (2)(b) above, take into consideration any extract placed before him under subsection (5) above for the purposes only of considering the objection in respect of which the extract is disclosed. (7) In entertaining an objection on the ground mentioned in paragraph (b) of subsection (4) above, the court shall, unless the contrary is shown, presume that the disclosure, or, as the case may be, the taking into consideration, of a conviction is in the interests of justice. (8) An objection on the ground mentioned in paragraph (c) of subsection (4) above shall not be entertained unless the accused has, under subsection (2) of section 69 of this Act, given intimation of the objection in accordance with subsection (3) of that section. (9) In entertaining an objection on the ground mentioned in paragraph (d) of subsection (4) above, the court shall require the prosecutor to withdraw the conviction or adduce evidence in proof thereof. (10) For the purposes of this section a “relevant conviction” is, subject to subsection (11) below— (a) a conviction for an offence to which section 288C of this Act applies by virtue of subsection (2) thereof; . . . (aa) a conviction by a court in— (i) England and Wales or Northern Ireland, or (ii) a member State of the European Union, of an offence that is equivalent to one to which section 288C of this Act applies by virtue of subsection (2) thereof, or (b) where a substantial sexual element was present in the commission of any other offence in respect of which the accused has previously been convicted, a conviction for that offence, which is specified in a notice served on the accused under section 69(2) or, as the case may be, 166(2) of this Act. (10A) Any issue of equivalence arising in pursuance of subsection (10)(aa) is for the court to determine. (11) A conviction for an offence other than an offence to which section 288C of this Act applies by virtue of subsection (2) thereof is not a relevant conviction for the purposes of this section unless an extract of that conviction containing information which indicates that a sexual element was present in the commission of the offence was appended to the notice, served on the accused under section 69(2) or, as the case may be, 166(2) of this Act, which specified that conviction.
Propose a change(1) An application for the purposes of subsection (1) of section 275 of this Act shall not, unless on special cause shown, be considered by the court unless made (a) in the case of proceedings in the High Court, not less than 7 clear days before the preliminary hearing; or (b) in any other case, not less than 14 clear days before the trial diet. (2) Where— (a) such an application is considered; or (b) any objection under subsection (2) of section 275A of this Act is entertained, during the course of the trial, the court shall consider that application or, as the case may be, entertain that objection in the absence of the jury, the complainer, any person cited as a witness and the public.
Propose a change(1) This section applies in the case of proceedings in respect of any— (a) offence to which section 288C of this Act applies, (b) an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018, (c) an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016. (2) Expert psychological or psychiatric evidence relating to any subsequent behaviour or statement of the complainer is admissible for the purpose of rebutting any inference adverse to the complainer’s credibility or reliability as a witness which might otherwise be drawn from the behaviour or statement. (3) In subsection (2) above— “complainer” means the person against whom the offence to which the proceedings relate is alleged to have been committed, “subsequent behaviour or statement” means any behaviour or statement subsequent to, and not forming part of the acts constituting, the offence to which the proceedings relate and which is not otherwise relevant to any fact in issue at the trial. (3A) Where the offence is as referred to in subsection (1)(b) above, the reference in the last definition in subsection (3) above to any behaviour or statement subsequent to the offence includes any behaviour or statement subsequent to a particular part of the course of behaviour of which the offence consists. (4) This section does not affect the admissibility of any evidence which is admissible otherwise than by virtue of this section.
Propose a change(1) Evidence as to the characteristics and composition of any biological material deriving from human beings or animals shall, in any criminal proceedings, be admissible notwithstanding that neither the material nor a sample of it is lodged as a production. (2) A party wishing to lead such evidence as is referred to in subsection (1) above shall, where neither the material nor a sample of it is lodged as a production, make the material or a sample of it available for inspection by the other party unless the material constitutes a hazard to health or has been destroyed in the process of analysis.
Propose a change(1) Subject to subsection (2) below, for the purposes of any criminal proceedings, a document certified by the person who made it as an accurate transcript made for the prosecutor of the contents of a tape (identified by means of a label) purporting to be a recording of an interview between— (a) a police officer and an accused person; ... (b) a person commissioned, appointed or authorised under section 6(3) of the Customs and Excise Management Act 1979 and an accused person; or (c) a person authorised by the Scottish Environment Protection Agency under section 108 of the Environment Protection Act 1995 and an accused person. shall be received in evidence and be sufficient evidence of the making of the transcript and of its accuracy. (2) Subsection (1) above shall not apply to a transcript— (a) unless a copy of it has been served on the accused not less than 14 days before (i) in the case of proceedings in the High Court, the preliminary hearing; (ii) in any other case, his trial; or (b) if the accused, not less than (i) in the case of proceedings in the High Court, seven days before the preliminary hearing; (ii) in any other case, six days before his trial; or (in either case) by such later time before his trial as the court may in special circumstances allow, has served notice on the prosecutor that the accused challenges the making of the transcript or its accuracy. (3) A copy of the transcript or a notice under subsection (2) above shall be served in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the transcript or notice, together with, where appropriate, the relevant post office receipt shall be sufficient evidence of such service. (4) Where subsection (1) above does not apply to a transcript, if the person who made the transcript is called as a witness his evidence shall be sufficient evidence of the making of the transcript and of its accuracy. (5) Subsection (1) is without prejudice to section 108(12) of the Environment Act 1995.
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Propose a changeSchedule 8 to this Act, which makes provision regarding the admissibility in criminal proceedings of copy documents and of evidence contained in business documents, shall have effect.
Propose a change(1) Any letter, minute or other official document issuing from the office of or in the custody of any of the departments of state or government in the United Kingdom or any part of the Scottish Administration which— (a) is required to be produced in evidence in any prosecution; and (b) according to the rules and regulations applicable to such departments may competently be so produced, shall when so produced be prima facie evidence of the matters contained in it without being produced or sworn to by any witness. (2) A copy of any such document as is mentioned in subsection (1) above bearing to be certified by any person having authority to certify it shall be treated as equivalent to the original of that document and no proof of the signature of the person certifying the copy or of his authority to certify it shall be necessary. (3) Any order by any of the departments of state or government or the Scottish Parliament or any local authority or public body made under powers conferred by any statute or a print or a copy of such an order, shall when produced in a prosecution be received as evidence of the due making, confirmation, and existence of the order without being sworn to by any witness and without any further or other proof. (4) Subsection (3) above is without prejudice to any right competent to the accused to challenge any order such as is mentioned in that subsection as being ultra vires of the authority making it or on any other competent ground. (5) Where an order such as is mentioned in subsection (3) above is referred to in the indictment or, as the case may be, the complaint, it shall not be necessary to enter it in the record of the proceedings as a documentary production. (6) The provisions of this section are in addition to, and not in derogation of, any powers of proving documents conferred by statute or existing at common law.
Propose a change(1) For the purposes of any proceedings for an offence under any of the enactments specified in column 1 of Schedule 9 to this Act, a certificate purporting to be signed by a person or persons specified in column 2 thereof, and certifying the matter specified in column 3 thereof shall, subject to subsection (6) below, be sufficient evidence of that matter and of the qualification or authority of that person or those persons. (2) The Secretary of State may by order— (a) amend or repeal the entry in Schedule 9 to this Act in respect of any enactment; or (b) insert in that Schedule an entry in respect of a further enactment. (3) An order under subsection (2) above may make such transitional, incidental or supplementary provision as the Secretary of State considers necessary or expedient in connection with the coming into force of the order. (3A) For the purposes of any criminal proceedings, a report purporting to be signed by a person authorised by the Scottish Environment Protection Agency for the purpose of this subsection is sufficient evidence of any fact or conclusion as to fact contained in the report and of the authority of the signatory. (4) For the purposes of any criminal proceedings, a report purporting to be signed by two authorised forensic scientists shall, subject to subsection (5) below, be sufficient evidence of any fact or conclusion as to fact contained in the report and of the authority of the signatories. (5) A forensic scientist is authorised for the purposes of subsection (4) above if— (a) he is authorised for those purposes by the Secretary of State; or (b) he— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) possesses such qualifications and experience as the Secretary of State may for the purposes of that subsection by order prescribe; and (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Subsections (1) , (3A) and (4) above shall not apply to a certificate or, as the case may be, report tendered on behalf of the prosecutor or the accused— (a) unless a copy has been served on the other party not less than fourteen days before (i) in the case of proceedings in the High Court, the preliminary hearing; (ii) in any other case, the trial; or (b) where the other party, not more than seven days after the date of service of the copy on him under paragraph (a) above or by such later time as the court may in special circumstances allow, has served notice on the first party that he challenges the matter, qualification or authority mentioned in subsection (1) above or as the case may be the fact, conclusion or authority mentioned in subsection (3A) or (4) above. (7) A copy of a certificate or, as the case may be, report required by subsection (6) above, to be served on the accused or the prosecutor or of a notice required by that subsection or by subsection (1) or (2) of section 281 of this Act to be served on the prosecutor shall be served in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served such certificate or notice, together with, where appropriate, the relevant post office receipt shall be sufficient evidence of service of such a copy. (8) Where, following service of a notice under subsection (6)(b) above, evidence is given in relation to a report referred to in subsection (4) above by both of the forensic scientists purporting to have signed the report, the evidence of those forensic scientists shall be sufficient evidence of any fact (or conclusion as to fact) contained in the report. (9) At any trial of an offence it shall be presumed that the person who appears in answer to the complaint is the person charged by the police with the offence unless the contrary is alleged. (10) An order made under subsection (2) or (5)(b)(ii) above shall be made by statutory instrument. (11) No order shall be made under subsection (2) above unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament. (12) A statutory instrument containing an order under subsection (5)(b)(ii) above shall be subject to annulment pursuant to a resolution of either House of Parliament.
Propose a change(1) Where in a trial an autopsy report is lodged as a production by the prosecutor it shall be presumed that the body of the person identified in that report is the body of the deceased identified in the indictment or complaint, unless the accused not less than (i) in the case of proceedings in the High Court, seven days before the preliminary hearing; (ii) in any other case, six days before the trial; or (in either case) by such later time before the trial as the court may in special circumstances allow, gives notice that the contrary is alleged. (2) At the time of lodging an autopsy or forensic science report as a production the prosecutor may intimate to the accused that it is intended that only one of the pathologists or forensic scientists . . . purporting to have signed the report shall be called to give evidence in respect thereof; and , where such intimation is given, the evidence of one of those pathologists or forensic scientists shall be sufficient evidence of any fact or conclusion as to fact contained in the report and of the qualifications of the signatories, unless the accused, not less than (i) in the case of proceedings in the High Court, seven days before the preliminary hearing; (ii) in any other case, six days before the trial; or (in either case) by such later time before the trial as the court may in special circumstances allow, serves notice on the prosecutor that he requires the attendance at the trial of the other pathologist or forensic scientist also. (3) Where, following service of a notice by the accused under subsection (2) above, evidence is given in relation to an autopsy or forensic science report by both of the pathologists or forensic scientists purporting to have signed the report, the evidence of those pathologists or forensic scientists shall be sufficient evidence of any fact (or conclusion as to fact) contained in the report.
Propose a change(1) Where in a trial the prosecutor lodges as a production a report naming— (a) a person identified in an identification parade or other identification procedure by a witness, and (b) that witness, it shall be presumed, subject to subsection (2) below, that the person named in the report as having been identified by the witness is the person of the same name who appears in answer to the indictment or complaint. (2) That presumption shall not apply— (a) unless the prosecutor has, by the required time, served on the accused a copy of the report and a notice that he intends to rely on the presumption, or (b) if the accused— (i) not more than 7 days after the date of service of the copy of the report, or (ii) by such later time as the court may in special circumstances allow, has served notice on the prosecutor that he intends to challenge the facts stated in the report. (3) In subsection (2)(a) above, “the required time” means— (a) in the case of proceedings in the High Court— (i) not less than 14 clear days before the preliminary hearing; or (ii) such later time, being not less than 14 clear days before the trial, as the court may, in special circumstances, allow; (b) in any other case, not less than 14 clear days before the trial.
Propose a change(1) For the purposes of any criminal proceedings, evidence given by an authorised forensic scientist, either orally or in a report purporting to be signed by him, that a substance which satisfies either of the conditions specified in subsection (2) below is— (a) a particular controlled drug or medicinal product; or (b) a particular product which is listed in the British Pharmacopoeia as containing a particular controlled drug or medicinal product, shall, subject to subsection (3) below, be sufficient evidence of that fact notwithstanding that no analysis of the substance has been carried out. (2) Those conditions are— (a) that the substance is in a sealed container bearing a label identifying the contents of the container; or (b) that the substance has a characteristic appearance having regard to its size, shape, colour and manufacturer’s mark. (3) A party proposing to rely on subsection (1) above (“the first party”) shall, not less than 14 days before the relevant diet, serve on the other party (“the second party”)— (a) a notice to that effect; and (b) where the evidence is contained in a report, a copy of the report, and if the second party serves on the first party, not more than seven days after the date of service of the notice on him, a notice that he does not accept the evidence as to the identity of the substance, subsection (1) above shall not apply in relation to that evidence. (3A) In subsection (3) above, “the relevant diet” means— (a) in the case of proceedings in the High Court, the preliminary hearing; (b) in any other case, the trial diet. (4) A notice or copy report served in accordance with subsection (3) above shall be served in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the notice or copy together with, where appropriate, the relevant post office receipt shall be sufficient evidence of such service. (5) In this section— “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971; and “medicinal product” has the same meaning as in the Medicines Act 1968.
Propose a change(1) For the purposes of any criminal proceedings, a certificate purporting to be signed by a person responsible for the operation of a video surveillance system and certifying— (a) the location of the camera; (b) the nature and extent of the person’s responsibility for the system; and (c) that visual images (and any sounds) recorded on a particular device are images (and sounds), recorded by the system, of (or relating to) events which occurred at a place specified in the certificate at a time and date so specified, shall, subject to subsection (2) below, be sufficient evidence of the matters contained in the certificate. (2) A party proposing to rely on subsection (1) above (“the first party”) shall, not less than 14 days before the relevant diet, serve on the other party (“the second party”) a copy of the certificate and, if the second party serves on the first party, not more than seven days after the date of service of the copy certificate on him, a notice that he does not accept the evidence contained in the certificate, subsection (1) above shall not apply in relation to that evidence. (2A) In subsection (2) above, “the relevant diet” means— (a) in the case of proceedings in the High Court, the preliminary hearing; (b) in any other case, the trial diet. (3) A copy certificate or notice served in accordance with subsection (2) above shall be served in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the copy or notice together with, where appropriate, the relevant post office receipt shall be sufficient evidence of such service. (4) In this section, “video surveillance system” means apparatus consisting of a camera mounted in a fixed position and associated equipment for transmitting and recording visual images of events occurring in any place (and includes associated equipment for transmitting and recording sounds relating to such events).
Propose a change(1) For the purpose of any criminal proceedings, a certificate purporting to be signed by a person authorised in that behalf by a chief constable and certifying that relevant physical data (within the meaning of section 18(7A) of this Act) was taken from or provided by a person designated in the certificate at a time , date and place specified therein shall, subject to subsetion (2) below, be sufficient evidence of the facts contained in the certificate. (2) A party proposing to rely on subsection (1) above (“the first party”) shall, not less than 14 days before the relevant diet, serve on any other party to the proceedings a copy of the certificate, and , if that other party serves on the first party, not more than seven days after the date of service of the copy on him, a notice that he does not accept the evidence contained in the certificate, subsection (1) above shall not apply in relation to that evidence. (2A) Where the first party does not serve a copy of the certificate on any other party as mentioned in subsection (2) above, he shall not be entitled to rely on subsection (1) above as respects that party. (2B) In subsection (2) above, “the relevant diet” means— (a) in the case of proceedings in the High Court, the preliminary hearing; (b) in any other case, the trial diet. (3) A copy certificate or notice served in accordance with subsection (2) above shall be served in such manner as may be prescribed by Act of Adjournal; and a written execution purporting to be signed by the person who served the copy or notice together with, where appropriate, the relevant post office receipt shall be sufficient evidence of such service.
Propose a change