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Scottish Statutory Instruments
HIGH COURT OF JUSTICIARY
SHERIFF COURT
Made
12th June 2025
Laid before the Scottish Parliament
16th June 2025
Coming into force
27th June 2025
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 12(2) and (3)(b) of the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019( 1).
1. These Regulations may be cited as the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (Commencement No. 2 and Transitional Provision) Regulations 2025 and come into force on 27 June 2025.
2. 27 June 2025 is the day appointed for the coming into force of sections 6 (using only standard special measures) and 10(4) (consequential amendments) of the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019.
3.—(1) Section 271AA of the Criminal Procedure (Scotland) Act 1995( 2) applies only in respect of proceedings commenced on or after 27 June 2025.
(2) Proceedings are to be taken as having commenced on the date when the indictment or, as the case may be, complaint is served on the accused.
ANGELA CONSTANCE
A member of the Scottish Government
St Andrew's House,
Edinburgh
12th June 2025
(This note is not part of the Regulations)
These Regulations bring into force on 27 June 2025 sections 6 and 10(4) of the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (“ the Act”).
Section 6 of the Act inserts a new section 271AA into the Criminal Procedure (Scotland) Act 1995 (“ the 1995 Act”). This provides for a simplified notification process where a party citing a child or deemed vulnerable witness (see section 271(1)(a) and (c) and (5) of the 1995 Act) considers that it is most appropriate for that witness to give evidence using only standard special measures (see section 271A(14) of the 1995 Act). Section 10(4) contains consequential amendments of section 271F of the 1995 Act which deals with the situation where the relevant witness is the accused.
Under regulation 3 of these Regulations, the new notification process will apply only in respect of proceedings which commence on or after 27 June 2025.
The Bill for the Act received Royal Assent on 13 June 2019. Sections 11 to 13 came into force the following day.
(This note is not part of the Regulations)
The following provisions of the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 have been brought into force by commencement Regulations made before the date of these Regulations.
Provision | Date of Commencement | S.S.I No. |
---|---|---|
Section 1 for the purpose of hearings in proceedings in the High Court of Justiciary | 20 January 2020 | 2019/392 |
Section 2 | 20 January 2020 | 2019/392 |
Section 4 for the purpose of hearings in proceedings in the High Court of Justiciary | 20 January 2020 | 2019/392 |
Sections 5, 7 to 9 and 10(1) to (3) | 20 January 2020 | 2019/392 |
2019 asp 8(“ the Act”).
1995 c. 46. Section 271AA is inserted by section 6(2) of the Act.