New procedure for special measures for vulnerable witnesses

A new, simplified procedure for notifying courts of the intention to use standard special measures when certain vulnerable witnesses are giving evidence comes into force on 27 June 2025. 

In criminal cases where an indictment or complaint is served on or after this date, parties citing a vulnerable witness will no longer be required to lodge a Vulnerable Witness Notice under Section 271A of the 1995 Act where they intend to use only standard special measures.  

This is being replaced by a simplified notification procedure which removes the requirement for notices to use standard special measures to be reviewed by a judge and reduces the amount of information which needs to be provided to the court. 

This new procedure only applies to deemed vulnerable witnesses (i.e. complainers of specified offences including sexual offences, domestic abuse, stalking and trafficking) and child witnesses. There are certain exceptions in the legislation which apply to the use of the new procedure for children. Notably the new procedure cannot be used for children covered by the presumption in favour of pre-recorded evidence as set out at s271BZA of the 1995 Act. Additionally, the new procedure cannot be used for children under the age of 12 who are giving evidence in cases that involve serious sexual and violent offences as set out at s271B of the 1995 Act.  

Where parties intend to use standard special measures for taking the evidence of other groups of vulnerable witnesses, they must continue to submit a Vulnerable Witness Application in accordance with Section 271A of the 1995 Act.  

To qualify for the new procedure, the notice must be submitted to the courts within a certain timeframe. The timeframes for submitting the notice depend on whether the case is being heard in the High Court or the sheriff court and, if the latter, whether the case is being prosecuted under solemn or summary procedure. These timescales are set out at Section 6 of the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019.  

Where these timescales are not met, the Vulnerable Witness Notice will continue to apply.  

While it is anticipated that the majority of notices for the use of standard special measures will be submitted by COPFS, SCTS have worked in collaboration with the Faculty of Advocates and the Law Society of Scotland to develop a form for defence agents to use when notifying the courts of their intention to use standard special measures.

While there is no obligation on defence agents to use this form (Vulnerable Witness Notices will still be accepted), use of the new form is encouraged. 

Where notices are submitted by COPFS using the simplified notification, defence agents will be automatically informed. 

This new procedure is being brought into force through commencement of section 6 of the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 which adds a new provision—section 271AA—to the Criminal Procedure (Scotland) Act 1995. It is intended to reduce the demands on both parties and the courts associated with notifying the use standard special measures.