The current definition of vulnerable witness includes: child witnesses (under the age of 18); and complainers in cases involving a sexual offence, human trafficking, domestic abuse or stalking (referred to as deemed vulnerable witnesses)
Current statutory provisions allow for the use of the following special measures, with the aim of assisting vulnerable witnesses in giving their evidence:
a screen in the courtroom stopping the witness from having to see the accused
a live television video link allowing the witness to give evidence from somewhere outside the courtroom
a supporter who can sit with the witness whilst the witness gives evidence
excluding the public from the court whilst the witness gives evidence
allowing evidence provided in advance of the trial, either in the form of a prior statement or recorded during special proceedings before a commissioner (a sheriff or High Court judge), to be used as the evidence of the witness at the trial
The Bill provides for a rule, applying to child witnesses involved in certain serious cases prosecuted under solemn procedure, which would generally require the court to make provision for all of the child's evidence to be given in advance of the trial.