This book contains the main provisions of the Vulnerable Witnesses (Scotland) Act 2004 with a commentary informed by the authors’ experience of vulnerable witnesses in practice. The Act created a new regime for civil and criminal cases so that the vulnerability of witnesses is to be considered and measures taken to support children and adults who meet the criteria of vulnerability to give evidence effectively. The introduction explains the origins and development of the use of special measures in criminal cases. Chapters 1-5 cover criminal cases. They explain the definitions of the key provisi ... More

This book contains the main provisions of the Vulnerable Witnesses (Scotland) Act 2004 with a commentary informed by the authors’ experience of vulnerable witnesses in practice. The Act created a new regime for civil and criminal cases so that the vulnerability of witnesses is to be considered and measures taken to support children and adults who meet the criteria of vulnerability to give evidence effectively. The introduction explains the origins and development of the use of special measures in criminal cases. Chapters 1-5 cover criminal cases. They explain the definitions of the key provisions such as vulnerable witness and the criteria of vulnerability, describes, and assesses the efficacy of, the individual special measures, the procedure to be followed when applying for special measures, their application to the accused, the process of review and miscellaneous amendments to existing criminal justice legislation. Chapter 6 sets out the history of the introduction of the measures in civil proceedings, the process for seeking measures for child and adult vulnerable witnesses and the practical issues that may arise given the nature of civil proceedings. Chapter 7 considers the abolition of the competence test for witnesses in criminal and civil proceedings. The appendix reproduces the forms of procedure to be used in applying for or reviewing the use of special measures and other related purposes.