The Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (Commencement No. 2 and Transitional Provision) Regulations 2025
Source: legislation.gov.uk (2025-06-26)

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”).

Scottish Statutory Instruments

2025 No. 179 (C. 19)

HIGH COURT OF JUSTICIARY

SHERIFF COURT

The Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (Commencement No. 2 and Transitional Provision) Regulations 2025

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 (\"#f00001\")).

Citation and commencement

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.

Appointed day

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.

Transitional provision

3.—(1) Section 271AA of the Criminal Procedure (Scotland) Act 1995(2 (\"#f00002\")) 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

Explanatory Note

(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.

NOTE AS TO EARLIER COMMENCEMENT Regulations

(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.

ProvisionDate of CommencementS.S.I No.Section 1 for the purpose of hearings in proceedings in the High Court of Justiciary20 January 20202019/392 (\"http://www.legislation.gov.uk/id/ssi/2019/392\")Section 220 January 20202019/392 (\"http://www.legislation.gov.uk/id/ssi/2019/392\")Section 4 for the purpose of hearings in proceedings in the High Court of Justiciary20 January 20202019/392 (\"http://www.legislation.gov.uk/id/ssi/2019/392\")Sections 5, 7 to 9 and 10(1) to (3)20 January 20202019/392 (\"http://www.legislation.gov.uk/id/ssi/2019/392\")

(1)

2019 asp 8 (\"http://www.legislation.gov.uk/id/asp/2019/8\") (“the Act”).

(2)

1995 c. 46 (\"http://www.legislation.gov.uk/id/ukpga/1995/46\"). Section 271AA is inserted by section 6(2) of the Act.