292.This section makes amendments to sections 271BZA(8), 271BZB(5), and 271BZC(2) of the Criminal Procedure (Scotland) Act 1995, relating to special measures for child witnesses. The sections all allow for exceptions to be granted to the presumption in favour of pre-recording evidence which applies in relation to children giving evidence in court. An exception may be granted under these sections in certain circumstances to allow children to give evidence in person. Previously the exceptions were limited to children aged 12 or over. Section 102 of the Act changes that so that all children aged 18 and under are subject to the same treatment and may be eligible for an exception.
Crown Application Part 8 – Special Measures for Vulnerable Witnesses under the 1995 Act Section 102 – child witnesses under the 1995 Act: exception to presumption in favour of special measures