293.Section 271E of the Criminal Procedure (Scotland) Act 1995 requires that parties and the court have regard to the views of vulnerable witnesses when applying for, or ordering the use of, special measures for those witnesses. Subsection (3) of that section provides that in the case of child witnesses the child is to be assumed to be of sufficient age and maturity to form a view if aged 12 or older. It also requires the court to give greater weight to the views of the child than to any conflicting view offered by their parent. Section 103 repeals subsection (3), meaning the court will have discretion in considering views offered by child witnesses.
Crown Application Part 8 – Special Measures for Vulnerable Witnesses under the 1995 Act Section 103 – vulnerable witnesses under the 1995 Act: supplementary provision in relation to child witnesses