Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill 9 (3) In section 271I(1A), after “proceedings”, in the second place where it occurs, insert “or it was so directed at the ground rules hearing”. (4) In section 271I, after subsection (4), insert— “(4A) It is not necessary (in solemn cases) for an indictment to have been served 5 before— (a) a party may lodge a vulnerable witness notice which specifies the special measure of taking evidence by commissioner as the special measure or one of the special measures which the party considers to be the most appropriate for the purpose of taking the witness’s evidence, 10 (b) a court may make an order authorising the use of the special measure of taking evidence by commissioner, whether on its own or in combination with any other special measure specified in the same vulnerable witness notice, (c) a court may appoint a commissioner under subsection (1), or 15 (d) proceedings may take place before a commissioner appointed under subsection (1).”. (5) In section 271I(8)(a), after “trial” insert “which the court (when it appoints the commissioner) expects will be”. (6) In section 271, in subsection (3)— 20 (a) for “above and section 271B(1)(b) below” substitute “, section 271B(1)(b) and sections 271BZA to 271BZC”, (b) for “commenced” substitute “commenced— (a) where it is relevant to a court’s consideration of whether to authorise the use of the special measure of taking evidence by commissioner (on its own or in 25 combination with any other special measure) and the accused has appeared on petition, on the date when the accused appeared on petition, or (b) in any other case, on the date”. (7) In section 72(6)(b)(iii), after “hearing” insert “(to the extent that the application has not already been disposed of)”. 30 (8) In section 271D, after subsection (6), insert— “(6A) In this section, “court” includes a commissioner appointed under section 271I(1).”.