Taking evidence by commissioner 5 Taking evidence by commissioner (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows. (2) In section 271I, after subsection (1), insert— 35 “(1ZA) A court which appoints a commissioner under subsection (1) must— (a) fix a date for the proceedings before the commissioner, and (b) fix a date for a hearing (to be known as a “ground rules hearing”) for the purpose of preparing for the proceedings. 8 Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill (1ZB) The ground rules hearing is to be presided over by— (a) a judge or sheriff if— (i) the court directs that the ground rules hearing be conjoined with another hearing or diet that is to be held before the date of the 5 proceedings to which the ground rules hearing relates and that hearing or diet is presided over by a judge or sheriff, or (ii) it is not reasonably practicable for the ground rules hearing to be presided over by the commissioner appointed to preside over the proceedings to which the ground rules hearing relates, or 10 (b) in any other case, the commissioner appointed to preside over the proceedings to which the ground rules hearing relates. (1ZC) In cases where a judge or sheriff presides over a ground rules hearing in accordance with subsection (1ZB), references to the commissioner in subsection (1ZD) are to be read as references to the judge or, as the case may 15 be, sheriff. (1ZD) The commissioner presiding over a ground rules hearing must— (a) ascertain the length of time the parties expect to take for examination-in- chief and cross-examination, including any breaks that may be required, (b) to the extent that the commissioner considers it appropriate to do so, 20 decide on the form and wording of the questions that are to be asked of the vulnerable witness, (c) if the commissioner considers it appropriate to do so, authorise the use of a supporter at the proceedings, in accordance with section 271L, (d) if the commissioner considers that there are steps that could reasonably 25 be taken to enable the vulnerable witness to participate more effectively in the proceedings, direct that those steps be taken, (e) subject to section 72(8) which applies in relation to the commissioner as it applies in relation to the court, dispose of any application that— (i) has been made under section 275(1) or 288F(2), and 30 (ii) has not yet been disposed of by the court, (f) consider whether the proceedings should take place on the date fixed by the court and postpone the proceedings if the commissioner considers that it is in the interests of justice to do so having regard to all the circumstances, including— 35 (i) whether the parties are likely to be ready for the proceedings to take place on the date fixed by the court and if not, the reasons for that, (ii) any views expressed by the parties on whether the proceedings should be postponed, and 40 (iii) whether postponement is in the interests of the vulnerable witness, and (g) consider and, if appropriate, make a decision on, any other matter that the commissioner considers could be usefully dealt with before the proceedings take place.”.