VWSL/04/05
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1. Although there is provision in the Criminal Procedure Act 1995 for child witnesses to have their evidence to be taken on commission in criminal cases to our knowledge this has never been used. There are no similar provisions in respect of Children's Hearings court procedures though taking evidence in this way in such procedures has been done on an ad hoc basis.
2. If it is to be effective as a special measure a number of procedural, technical and accommodation issues require to be resolved and it is felt within the Unit, a feeling shared by the Steering Group that implementation of this special measure should be postponed until October to provide time to enable solutions to be found.
3. Ministers have approved postponement for the reasons mentioned above. It is therefore for consideration whether taking evidence on commission need feature in the Act of Sederunt and Act of Adjournal at this time. Member's views are invited.
SEJD
Victims and Witnesses Unit
February 2005