Formatted: BillSubSection, Indent: Left: 0.5 cm, Hanging: (7) This section does not apply in a case to which section 271B or 1 cm, Tab stops: 1.5 cm, Left + Not at 3.61 cm 271BZA applies. 271B Further special provision for child witnesses under the age of 12 (1) This section applies where a child witness— (a) is to give evidence at, or for the purposes of, a hearing in relevant criminal proceedings in respect of any offence specified in subsection (2) below, and (b) is under the age of 12 on the date of commencement of the proceedings in which the hearing is being or to be held. (2) The offences referred to in subsection (1)(a) above are— (a) murder, (b) culpable homicide, (c) any offence to which section 288C of this Act applies, (d) any offence which involves an assault on, or injury or a threat of injury to, any person (including any offence involving neglect or ill-treatment of, or other cruelty to, a child), (e) abduction, and (f) plagium. (3) Subsection (4) applies if the child witness expresses a wish to be present in the court-room for the purpose of giving evidence. 36 This document relates to the Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill as amended at Stage 2 (SP Bill 34A) (4) The court must make an order under section 271A or, as the case may be, 271D which has the effect of requiring the child witness to be present in the courtroom for the purpose of giving evidence unless the court considers that it would not be appropriate for the child witness to be present there for that purpose. (4A) Where the court is required to make an order having the effect mentioned in subsection (4), an order made by the court under section 271A(5)(a) may authorise the use of a special measure or measures other than those specified in the vulnerable witness notice if that would result in the order having the effect mentioned in subsection (4). (5) Subsection (6) applies if the child witness— (a) does not express a wish to be present in the court-room for the purpose of giving evidence, or (b) expresses a wish to give evidence in some other way. (6) The court may not make an order under section 271A or 271D having the effect mentioned in subsection (4) unless the court considers that— (a) the giving of evidence by the child witness in some way other than by being present in the court-room for that purpose would give rise to a significant risk of prejudice to the fairness of the trial or otherwise to the interests of justice, and (b) that risk significantly outweighs any risk of prejudice to the interests of the child witness if the order were to be made. (7) This section does not apply in a case to which section 271BZA applies. (1) 271BZA Child witnesses in certain solemn cases: special measures Formatted: BillSubSection, Outline numbered + Level: 2 + (1) This section applies where a child witness, other than the accused, Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + is to give evidence at, or for the purposes of, a hearing in relevant Aligned at: 0.5 cm + Tab after: 1.5 cm + Indent at: 1.5 cm criminal proceedings which are— Formatted: BillSectionPara (a) solemn proceedings, and (b) in respect of an offence listed in subsection (2). (2) The offences are— 37 This document relates to the Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill as amended at Stage 2 (SP Bill 34A) (a) murder, (b) culpable homicide, (c) assault to the danger of life, (d) abduction, (e) plagium, (a)(f) a sexual offence to which section 288C applies, (fa) an offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018, (fb) an offence that is aggravated as described in section 1(1)(a) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, (fc) an offence that would have fallen within paragraph (fb) if section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 had been in force when the offence was allegedly committed, Formatted: BillSectionPara (g) an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015), (h) an offence under section 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (slavery, servitude and forced or compulsory labour), (i) an offence under section 1 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (offence of female genital mutilation), (j) an offence under section 3 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (aiding and abetting female genital mutilation), (k...