ANNEX: SECTIONS 271 TO 271M OF THE CRIMINAL PROCEDURE (SCOTLAND) ACT 1995 AS AMENDED BY THE ACT Version of section 271A as amended by the Act and with the modifications made by sections 271BZB (in cases to which section 271BZA applies)
“Child and deemed vulnerable witnesses271A(1)Where a child witness or a deemed vulnerable witness is to give evidence at or for the purposes of a hearing in relevant criminal proceedings, the witness is entitled, subject to—(a)subsections (2) to (13) below, and(b)section 271D of this Act,to the benefit of one or more of the special measures for the purpose of giving evidence.(2)A party citing or intending to cite a child witness or a deemed vulnerable witness shall, by the required time, lodge with the court a notice (referred to in this Act as a “ vulnerable witness notice”)—(a)specifying the special measure or measures which the party considers to be the most appropriate for the purpose of taking the witness's evidence, or(b)if the party considers that the witness should give evidence without the benefit of any special measure, stating that fact.(2A)A vulnerable witness notice must—(a)state that section 271BZA applies, and(b)explain why the party considers that an exception is justified under section 271BZA(7) or (8) if the notice—(i)does not specify one or both of the special measures listed in section 271BZA(5) for the purpose of taking all of the child witness’s evidence,(ii)specifies an incompatible special measure (as defined in section 271BZA(6)) for the purpose of taking any of the child witness’s evidence, or(iii)states that the party considers that the child witness should give any of the child witness’s evidence without the benefit of any special measure.(3)A vulnerable witness notice shall contain or be accompanied by—(a)a summary of any views expressed for the purposes of section 271E(2)(b) of this Act, and(b)such other information as may be prescribed by Act of Adjournal.(3A)In the case where a vulnerable witness notice under subsection (2)(a) specifies only a standard special measure—(a)subsection (3)(a) does not apply, and(b)subsection (5) has effect as if the words “not earlier than 7 days and” were omitted. measure, subsection (3)(a) does not apply.(4)The court may, on cause shown, allow a vulnerable witness notice to be lodged after the required time.(4A)Any party to the proceedings may, not later than 7 days after a vulnerable witness notice has been lodged, lodge with the court a notice (referred to in this section as an “objection notice”) stating—(a)an objection to any special measure (other than a standard special measure) specified in the vulnerable witness notice that the party considers to be inappropriate, and(b)the reasons for that objection.(4B)The court may, on cause shown, allow an objection notice to be lodged after the period referred to in subsection (4A).(4C)If an objection notice is lodged in accordance with subsection (4A) or (4B)—(a)subsection (5)(a)(ii) does not apply to the vulnerable witness notice, and(b)the court must make an order under subsection (5A).(5)The court shall, not earlier than 7 days and not later than 14 days after a vulnerable witness notice has been lodged, consider the notice in the absence of the parties and, subject to section 271B sections 271B to 271BZB of this Act—(a)in the case of a notice under subsection (2)(a) above—(i)if a standard special measure is specified in the notice, make an order authorising the use of that measure for the purpose of taking the witness's evidence, and(ii)if any other special measure is specified in the notice and the court is satisfied on the basis of the notice that it is appropriate to do so, make an order authorising the use of the special measure (in addition to any authorised by virtue of an order under sub-paragraph (i) above) for the purpose of taking the witness's evidence,(b)in the case of a notice under subsection (2)(b) above, if—(i)the summary of views accompanying the notice under subsection (3)(a) above indicates that the witness has expressed a wish to give evidence without the benefit of any special measure, and(ii)the court is satisfied on the basis of the notice that it is appropriate to do so,make an order authorising the giving of evidence by the witness without the benefit of any special measure, or(c)if—(i)paragraph (a)(ii) or (b) above would apply but for the fact that the court is not satisfied as mentioned in that paragraph, or(ii)in the case of a notice under subsection (2)(b), the summary of views accompanying the notice under subsection (3)(a) above indicates that the witness has not expressed a wish to give evidence without the benefit of any special measure,make an order under subsection (5A) below.(5A)That order is an order—(a)in the case of proceedings in the High Court where the preliminary hearing is yet to be held, appointing the vulnerable witness notice to be disposed of at that hearing;(b)in the case of proceedings on indictment in the sheriff court where the first diet is yet to be held, appointing the vulnerable witness notice to be disposed of at that diet; or(c)in any other case, appointing a diet to be held before the hearing at which the evidence is to be given and requiring the parties to attend the diet.(6)Subsection (7) below applies where—(a)it appears to the court that a party intends to call a child witness or a deemed vulnerable witness to give evidence at or for the purposes of a hearing in relevant criminal proceedings,(b)the party has not lodged a vulnerable witness notice in respect of the witness by the time specified in subsection (2) above or lodged a notice with the clerk of court in accordance with section 271AA by the time specified in that section, and(c)the court has not allowed a vulnerable witness notice in respect of the witness to be lodged after that time under subsection (4) above or under section 271AA(5).(7)Where this subsection applies, the court shall—(a)order the party to lodge a vulnerable witness notice in respect of the witness by such time as the court may specify, or(b)where the court does not so order—(i)in the case of proceedings on indictment where this subsection applies at or before the preliminary hearing or, as the case may be, the first diet, at that hearing or diet make an order under subsection (9) below; or(ii)in any other case, make an order appointing a diet to be held before the hearing at which the evidence is to be given and requiring the parties to attend the diet.(8)On making an order under subsection (5A)(c) or (7)(b)(ii) above, the court may postpone the hearing at which the evidence is to be given.(8A)Subsection (9) below applies to—(a)a preliminary hearing or first diet, so far as the court is—(i)by virtue of an order under subsection (5A)(a) or (b) above, disposing of a vulnerable witness notice at the hearing or diet; or(ii)by virtue of subsection (7)(b)(i) above, to make an order under subsection (9) at the hearing or diet; and(b)a diet appointed under subsection (5A)(c) or (7)(b)(ii) above.(9)At Subject to section 271B, at a hearing or diet to which this subsection applies, the court, after giving the parties an opportunity to be heard—(a)in a case where any of the standard special measures has been authorised by an order under subsection (5)(a)(i) above, may make an order authorising the use of such further special measure or measures as it considers appropriate for the purpose of taking the witness's evidence, and(b)in any other case, shall make an order—(i)authorising the use of such special measure or measures as the court considers to be the most appropriate for the purpose of taking the witness's evidence, or(ii)that the witness is to give evidence without the benefit of any special measure.(10)The court Subject to section 271B, the court may make an order under subsection (9)(b)(ii) above only if satisfied—(a)where the witness has expressed a wish to give evidence without the benefit of any special measure, that it is appropriate for the witness so to give evidence, or(b)in any other case, that—(i)the use of any special measure for the purpose of taking the evidence of the witness would give rise to a significant risk of prejudice to the fairness of the hearing at which the evidence is to be given or otherwise to the interests of justice, and(ii)that risk significantly outweighs any risk of prejudice to the interests of the witness if the order is made.(10A)Subsections (5), (9) and (10) are subject to subsections (10B) to (10F).(10B)Where the court is considering a notice in accordance with subsection (5) and the notice does not specify one or both of the special measures mentioned in section 271BZA(5) for the purpose of taking all of the child witness’s evidence, the court may nonetheless make an order which has the effect of authorising the use of one or both of those special measures for that purpose.(10C)Unless the court is satisfied that an exception is justified under section 271BZA(7) or (8), an order made by the court under this section—(a)must authorise the use of one or more of the special measures mentioned in section 271BZA(5) for the purpose of taking all of the child witness’s evidence,(b)must not authorise the use of an incompatible special measure (as defined in section 271BZA(6)) for the purpose of taking any of the child witness’s evidence, and(c)must not authorise the giving of any of the child witness’s evidence without the benefit of any special measure.(10D)Even if the court is satisfied that an exception is justified under section 271BZA(7) or (8), an order made by the court under this section must not have the effect of requiring the child witness to be present in the courtroom to give evidence unless the court is satisfied that subsection (10E) or (10F) applies.(10E)This subsection applies if—(a)the giving of evidence by the child witness in some way other than by being present in the courtroom for that purpose would give rise to a significant risk of prejudice to the fairness of the hearing or otherwise to the interests of justice, and(b)that risk significantly outweighs any risk of prejudice to the interests of the child witness if the child witness were to be present in the courtroom to give evidence.(10F)This subsection applies if—(a)the child witness is aged 12 or over on the date of commencement of the proceedings in which the hearing is being held or is to be held,(b)the child witness expresses a wish to be present in the courtroom to give evidence, and(c)it would be in the child witness’s best interests to be present in the courtroom to give evidence.(11)A hearing or diet to which subsection (9) above applies may—(a)on the application of the party citing or intending to cite the witness in respect of whom the diet is to be held, or(b)of the court's own motion,be held in chambers.(12)A diet appointed under subsection (5A)(c) or (7)(b)(ii) above in any case may be conjoined with any other diet to be held before the hearing at which the evidence is to be given.(13)A party lodging a vulnerable witness notice or an objection notice shall, at the same time, intimate the notice to the other parties to the proceedings.(13A)In subsections (2) and (4) above, “the required time” means—(a)any time before a date has been fixed for one of the following—(i)a preliminary hearing in the High Court,(ii)a first diet in the sheriff court, or(iii)a hearing at which the evidence is to be given, or(b)if a date has been fixed—(i)for a preliminary hearing in the High Court, no later than 14 clear days before the preliminary hearing,(ii)for a first diet in the sheriff court in the case of proceedings on indictment, no later than 7 clear days before the first diet, or(iii)in a case in which the proceedings are not to take place in the High Court or on indictment in the sheriff court, for a hearing at which the evidence is to be given, no later than 14 clear days before that hearing.(a)in the case of proceedings in the High Court, no later than 14 clear days before the preliminary hearing;(b)in the case of proceedings on indictment in the sheriff court, no later than 7 clear days before the first diet;(c)in any other case, no later than 14 clear days before [ the hearing at which the evidence is to be given. (14)In this section and section 271AA, references to a standard special measure are to any of the following special measures—(a)taking of evidence by a commissioner in accordance with section 271I,(b)use of a supporter in accordance with section 271L,(c)giving evidence in chief in the form of a prior statement in accordance with section 271M.(a)the use of a live television link in accordance with section 271J of this Act,(b)the use of a screen in accordance with section 271K of this Act, and(c)the use of a supporter in accordance with section 271L of this Act.(15)The Scottish Ministers may, by order subject to the affirmative procedure—(a)modify subsection (14),(b)in consequence of any modification made under paragraph (a)—(i)prescribe the procedure to be followed when standard special measures are used, and(ii)so far as is necessary, modify sections 271A to 271M of this Act.”
“Using only standard special measures271AA(1)This section applies where—(a)a child witness or a deemed vulnerable witness is to give evidence at, or for the purposes of, a hearing in relevant criminal proceedings, and(b)the party citing or intending to cite the witness considers that it is most appropriate for the witness to give evidence with the benefit of—(i)one or more standard special measures, and(ii)no other special measure.(2)The party must, by the required time, lodge with the clerk of court a notice specifying—(a)the standard special measure or measures that the party considers to be the most appropriate for the purpose of taking the witness’s evidence,(b)whether the witness is a child witness or a deemed vulnerable witness,(c)if the witness is a child witness, the witness’s age, and(d)such other information as may be prescribed by Act of Adjournal.(3)The party lodging a notice with the clerk of court under subsection (2) must, at the same time, intimate the notice to the other parties to the proceedings.(4)If the party lodges a notice with the clerk of court by the required time, the witness is entitled to the benefit of the standard special measure or measures specified in the notice as if the use of that measure or measures were authorised by an order made by the court under section 271A(5)(a).(5)If the party does not lodge a notice with the clerk of court by the required time, the court may, on cause shown, allow the party to lodge a vulnerable witness notice in accordance with section 271A (despite its being lodged later than the deadline for lodging a vulnerable witness notice).(6)In this section, the “required time” means—(a)any time before a date has been fixed for one of the following—(i)a preliminary hearing in the High Court,(ii)a first diet in the sheriff court, or(iii)a hearing at which the evidence is to be given, or(b)if a date has been fixed—(i)for a preliminary hearing in the High Court, no later than 14 clear days before the preliminary hearing,(ii)for a first diet in the sheriff court in the case of proceedings on indictment, no later than 7 clear days before the first diet, or(iii)in a case in which the proceedings are not to take place in the High Court or on indictment in the sheriff court, for a hearing at which the evidence is to be given, no later than 14 clear days before that hearing.(7)This section does not apply in a case to which section 271B or 271BZA applies.”
“Further special provision for child witnesses under the age of 12271B(1)This section applies where a child witness—(a)is to give evidence at, or for the purposes of, a hearing in relevant criminal proceedings in respect of any offence specified in subsection (2) below, and(b)is under the age of 12 on the date of commencement of the proceedings in which the hearing is being or to be held.(2)The offences referred to in subsection (1)(a) above are—(a)murder,(b)culpable homicide,(c)any offence to which section 288C of this Act applies,(d)any offence which involves an assault on, or injury or a threat of injury to, any person (including any offence involving neglect or ill-treatment of, or other cruelty to, a child),(e)abduction, and(f)plagium.(3)Subsection (4) applies if the child witness expresses a wish to be present in the court-room for the purpose of giving evidence.(4)The court must make an order under section 271A or, as the case may be, 271D which has the effect of requiring the child witness to be present in the courtroom for the purpose of giving evidence unless the court considers that it would not be appropriate for the child witness to be present there for that purpose.(4A)Where the court is required to make an order having the effect mentioned in subsection (4), an order made by the court under section 271A(5)(a) may authorise the use of a special measure or measures other than those specified in the vulnerable witness notice if that would result in the order having the effect mentioned in subsection (4).(5)Subsection (6) applies if the child witness—(a)does not express a wish to be present in the court-room for the purpose of giving evidence, or(b)expresses a wish to give evidence in some other way.(6)The court may not make an order under section 271A or 271D having the effect mentioned in subsection (4) unless the court considers that—(a)the giving of evidence by the child witness in some way other than by being present in the court-room for that purpose would give rise to a significant risk of prejudice to the fairness of the trial or otherwise to the interests of justice, and(b)that risk significantly outweighs any risk of prejudice to the interests of the child witness if the order were to be made.(7)This section does not apply in a case to which section 271BZA applies.”
“Child witnesses in certain solemn cases: special measures271BZA(1)This section applies where a child witness, other than the accused, is to give evidence at, or for the purposes of, a hearing in relevant criminal proceedings which are—(a)solemn proceedings, and(b)in respect of an offence listed in subsection (2).(2)The offences are—(a)murder,(b)culpable homicide,(c)assault to the danger of life,(d)abduction,(e)plagium,(f)a sexual offence to which section 288C applies,(fa)an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018,(fb)an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,(fc)an offence that would have fallen within paragraph (fb) if section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 had been in force when the offence was allegedly committed,(g)an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015),(h)an offence under section 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (slavery, servitude and forced or compulsory labour),(i)an offence under section 1 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (offence of female genital mutilation),(j)an offence under section 3 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (aiding and abetting female genital mutilation),(k)an attempt to commit an offence mentioned in any of paragraphs (a) to (j).(3)The court must enable all of the child witness’s evidence to be given in advance of the hearing unless the court is satisfied that an exception is justified under subsection (7) or (8).(4)For the purposes of this section, the court enables all of the child witness’s evidence to be given in advance of the hearing if—(a)the court makes an order under section 271A which satisfies the following requirements—(i)it authorises the use of one or both of the special measures listed in subsection (5) for the purpose of taking all of the child witness’s evidence,(ii)it does not authorise the use of an incompatible special measure for the purpose of taking any of the child witness’s evidence, and(iii)it does not authorise the giving of any of the child witness’s evidence without the benefit of any special measure, and(b)the court, if it commences a review under section 271D before the hearing has commenced, does not make an order under that section which—(i)revokes the order made under section 271A, or(ii)varies it in such a way that it no longer satisfies the requirements set out in paragraph (a)(i), (ii) and (iii).(5)The special measures mentioned in subsection (4)(a)(i) are—(a)taking of evidence by a commissioner in accordance with section 271I,(b)giving evidence in chief in the form of a prior statement in accordance with section 271M.(6)In this section, “incompatible special measure” means a special measure which is capable of being used only if the child witness gives evidence at the hearing (whether or not its use would require the child witness to be present in the courtroom).(7)An exception is justified if—(a)the giving of all of the child witness’s evidence in advance of the hearing would give rise to a significant risk of prejudice to the fairness of the hearing or otherwise to the interests of justice, and(b)that risk significantly outweighs any risk of prejudice to the interests of the child witness if the child witness were to give evidence at the hearing.(8)An exception is justified if—(a)the child witness is aged 12 or over on the date of commencement of the proceedings in which the hearing is being or is to be held,(b)the child witness expresses a wish to give evidence at the hearing, and(c)it would be in the child witness’s best interests to give evidence at the hearing.(9)The Scottish Ministers may by regulations—(a)modify subsection (2),(b)remove the condition set out in subsection (1)(b) and the list of offences in subsection (2).(10)Regulations under subsection (9) are subject to the affirmative procedure.”
“Child witnesses in certain solemn cases: modifications of section 271A271BZB(1)In a case to which section 271BZA applies, section 271A applies with the following modifications.(2)References to a standard special measure are to be read as references to any of the following special measures (and subsection (14) is to be read accordingly)—(a)taking of evidence by a commissioner in accordance with section 271I,(b)use of a supporter in accordance with section 271L,(c)giving evidence in chief in the form of a prior statement in accordance with section 271M.(3)Subsection (2) has effect as if—(a)the words “Subject to section 271AA,” were omitted,(b)the words “or a deemed vulnerable witness” were omitted.(4)The section has effect as if the following subsection were inserted after subsection (2)—“(2A)A vulnerable witness notice must—(a)state that section 271BZA applies, and(b)explain why the party considers that an exception is justified under section 271BZA(7) or (8) if the notice—(i)does not specify one or both of the special measures listed in section 271BZA(5) for the purpose of taking all of the child witness’s evidence,(ii)specifies an incompatible special measure (as defined in section 271BZA(6)) for the purpose of taking any of the child witness’s evidence, or(iii)states that the party considers that the child witness should give any of the child witness’s evidence without the benefit of any special measure.”.(5)The section has effect as if the following subsections were inserted after subsection (10)—“(10A)Subsections (5), (9) and (10) are subject to subsections (10B) to (10F).(10B)Where the court is considering a notice in accordance with subsection (5) and the notice does not specify one or both of the special measures mentioned in section 271BZA(5) for the purpose of taking all of the child witness’s evidence, the court may nonetheless make an order which has the effect of authorising the use of one or both of those special measures for that purpose.(10C)Unless the court is satisfied that an exception is justified under section 271BZA(7) or (8), an order made by the court under this section—(a)must authorise the use of one or more of the special measures mentioned in section 271BZA(5) for the purpose of taking all of the child witness’s evidence,(b)must not authorise the use of an incompatible special measure (as defined in section 271BZA(6)) for the purpose of taking any of the child witness’s evidence, and(c)must not authorise the giving of any of the child witness’s evidence without the benefit of any special measure.(10D)Even if the court is satisfied that an exception is justified under section 271BZA(7) or (8), an order made by the court under this section must not have the effect of requiring the child witness to be present in the courtroom to give evidence unless the court is satisfied that subsection (10E) or (10F) applies.(10E)This subsection applies if—(a)the giving of evidence by the child witness in some way other than by being present in the courtroom for that purpose would give rise to a significant risk of prejudice to the fairness of the hearing or otherwise to the interests of justice, and(b)that risk significantly outweighs any risk of prejudice to the interests of the child witness if the child witness were to be present in the courtroom to give evidence.(10F)This subsection applies if—(a)the child witness is aged 12 or over on the date of commencement of the proceedings in which the hearing is being held or is to be held,(b)the child witness expresses a wish to be present in the courtroom to give evidence, and(c)it would be in the child witness’s best interests to be present in the courtroom to give evidence.”.”
“Child witnesses in certain solemn cases: modifications of section 271D271BZC(1)In a case to which section 271BZA applies, section 271D applies with the following modifications.(2)The section has effect as if—(a)subsections (3A) to (3C) were omitted,(aa)subsection (4A) were omitted, and(b)the following subsections were inserted after subsection (4A)—“(4B)Subsections (2) to (4) are subject to subsections (4C) to (4F).(4C)Unless the hearing has already commenced when the court commences its review or the court is satisfied that an exception is justified under section 271BZA(7) or (8), an order made by the court under this section must not—(a)revoke the earlier order, or(b)vary it in such a way that it no longer satisfies the requirements set out in section 271BZA(4)(a)(i), (ii) and (iii).(4CA)An order made by the court under this section must have the effect of authorising the use of the special measure of taking of evidence by a commissioner in accordance with section 271I if—(a)that is requested by any party to the proceedings, and(b)the earlier order authorises only the special measure of giving evidence in chief in the form of a prior statement in accordance with section 271M.(4CB)However, an order made by the court under this section need not have the effect described in subsection (4CA) if—(a)the hearing has already commenced when the court commences its review, or(b)the court is satisfied that an exception is justified under section 271BZA(7) or (8).(4D)Even if the hearing has already commenced when the court commences its review or the court is satisfied that an exception is justified under section 271BZA(7) or (8), an order made under this section must not have the effect of requiring the child witness to be present in the courtroom to give evidence unless the court is satisfied that subsection (4E) or (4F) applies.(4E)This subsection applies if—(a)the giving of evidence by the child witness in some way other than by being present in the courtroom for that purpose would give rise to a significant risk of prejudice to the fairness of the hearing or otherwise to the interests of justice, and(b)that risk significantly outweighs any risk of prejudice to the interests of the child witness if the child witness were to be present in the courtroom to give evidence.(4F)This subsection applies if—(a)the child witness is aged 12 or over on the date of commencement of the proceedings in which the hearing is being held or is to be held,(b)the child witness expresses a wish to be present in the courtroom to give evidence, and(c)it would be in the child witness’s best interests to be present in the courtroom to give evidence.”.”
“Power to apply section 271BZA to deemed vulnerable witnesses271BZD(1)The Scottish Ministers may by regulations extend the application of section 271BZA so that it also applies where a deemed vulnerable witness who is not a child witness is to give evidence at, or for the purposes of, a hearing in relevant criminal proceedings which are solemn proceedings.(2)Regulations under subsection (1) may, in particular—(a)make different provision for different descriptions of deemed vulnerable witness, including, in particular, provision to extend the application of section 271BZA only in cases involving specified descriptions of deemed vulnerable witness,(b)make such provision as the Scottish Ministers consider necessary or expedient in connection with the extension of the application of section 271BZA, including, in particular, provision to apply section 271BZA subject to specified modifications,(c)make different provision for different courts or descriptions of court,(d)make different provision for other different purposes,(e)make such incidental, supplementary, consequential, transitional, transitory or saving provision as the Scottish Ministers consider necessary or expedient,(f)modify any enactment (including this Act).(3)In this section—“specified” means specified in the regulations,“descriptions of deemed vulnerable witness” may include, in particular, descriptions relating to the specific offences or types of offences that are alleged to have been committed against the deemed vulnerable witness.(4)Regulations under subsection (1) are subject to the affirmative procedure.”
“Assessment of witnesses271BA(1)This section applies where a party intends to cite a witness other than a child witness or a deemed vulnerable witness to give evidence at, or for the purposes of, a hearing in relevant criminal proceedings.(2)The party intending to cite the witness must take reasonable steps to carry out an assessment under subsection (3).(3)An assessment must determine whether the person—(a)is likely to be a vulnerable witness, and(b)if so, what special measure or combination of special measures ought to be used for the purpose of taking the person's evidence.(4)In determining under subsection (3)(a) whether a person is likely to be a vulnerable witness the party must—(a)take into account the matters mentioned in section 271(2),(b)have regard to the best interests of the person, and(c)take account of any views expressed by the person.”
“Vulnerable witness application271C(1)This section applies where a party citing or intending to cite a person (other than a child witness or a deemed vulnerable witness) to give evidence at, or for the purposes of, a hearing in relevant criminal proceedings (such a person being referred to in this section as “the witness”) and, having carried out an assessment under section 271BA, considers—(a)that the witness is likely to be a vulnerable witness, and(b)that a special measure or combination of special measures ought to be used for the purpose of taking the witness's evidence.(2)Where this section applies, the party citing or intending to cite the witness shall, by the required time, make an application (referred to as a “vulnerable witness application”) to the court for an order authorising the use of one or more of the special measures for the purpose of taking the witness's evidence.(3)A vulnerable witness application shall—(a)specify the special measure or measures which the party making the application considers to be the most appropriate for the purpose of taking the evidence of the witness to whom the application relates, and(b)contain or be accompanied by—(i)a summary of any views expressed for the purposes of section 271E(2)(b) of this Act, and(ii)such other information as may be prescribed by Act of Adjournal.(4)The court may, on cause shown, allow a vulnerable witness application to be made after the required time.(4A)Any party to the proceedings may, not later than 7 days after a vulnerable witness application has been lodged, lodge with the court a notice (referred to in this section as “an objection notice”) stating—(a)an objection to any special measure specified in the vulnerable witness application that the party considers to be inappropriate, and(b)the reasons for that objection.(4B)The court may, on cause shown, allow an objection notice to be lodged after the period referred to in subsection (4A).(4C)If an objection notice is lodged in accordance with subsection (4A) or (4B)—(a)subsection (5) does not apply to the vulnerable witness application, and(b)the court must make an order under subsection (5A).(5)The court shall, not earlier than 7 days and not later than 14 days after a vulnerable witness application is made to it, consider the application in the absence of the parties and—(a)make an order authorising the use of the special measure or measures specified in the application if satisfied on the basis of the application that—(i)the witness in respect of whom the application is made is a vulnerable witness,(ii)the special measures or measures specified in the application are the most appropriate for the purpose of taking the witness's evidence, and(iii)it is appropriate to do so after having complied with the duty in subsection (8) below, or(b)if not satisfied as mentioned in paragraph (a) above, make an order under subsection (5A) below.(5A)That order is an order—(a)in the case of proceedings in the High Court where the preliminary hearing is yet to be held, appointing the vulnerable witness application to be disposed of at that hearing,(b)in the case of proceedings on indictment in the sheriff court where the first diet is yet to be held, appointing the vulnerable witness application to be disposed of at that diet, or(c)in any other case, appointing a diet to be held before the hearing at which the evidence is to be given and requiring the parties to attend the diet.(6)On making an order under subsection (5A)(c) above, the court may postpone the hearing at which the evidence is to be given.(6A)Subsection (7) below applies to—(a)a preliminary hearing or first diet so far as the court is, by virtue of an order under subsection (5A)(a) or (b) above disposing of a vulnerable witness application at the hearing or diet, and(b)a diet appointed under subsection (5A)(c) above.(7)At a hearing or diet to which this subsection applies, the court may—(a)after giving the parties an opportunity to be heard, and(b)if satisfied that the witness in respect of whom the application is made is a vulnerable witness,make an order authorising the use of such special measure or measures as the court considers to be the most appropriate for the purpose of taking the witness's evidence.(8)In deciding whether to make an order under subsection (5)(a) or (7) above, the court shall—(a)have regard to—(i)the possible effect on the witness if required to give evidence without the benefit of any special measure, and(ii)whether it is likely that the witness would be better able to give evidence with the benefit of a special measure, and(b)take into account the matters specified in subsection (2)(a) to (f) of section 271 of this Act.(9)A hearing or diet to which subsection (7) above applies may—(a)on the application of the party citing or intending to cite the witness in respect of whom the diet is to be held, or(b)of the court's own motion,be held in chambers.(10)A diet appointed under subsection (5A)(c) above in any case may be conjoined with any other diet to be held before the hearing at which the evidence is to be given.(11)A party making a vulnerable witness application or an objection notice shall, at the same time, intimate the application or, as the case may be, the notice to the other parties to the proceedings.(12)In subsections (2) and (4) above, “the required time” means—(a)in the case of proceedings in the High Court, no later than 14 clear days before the preliminary hearing,(b)in the case of proceedings on indictment in the sheriff court, no later than 7 clear days before the first diet,(c)in any other case, no later than 14 clear days before the hearing at which the evidence is to be given.”