Special measure - evidence taken by a commissioner
If you are considered to be a vulnerable witness, in some cases, the procurator fiscal, children's reporter or lawyer might want to record your evidence before the court case starts. The court might agree to this if it is thought that the quality of your evidence might be affected by waiting until the court date. This is known as giving your evidence to a commissioner. The evidence you give to the commissioner can then be used during the court case.
Giving evidence to a commissioner means that you give your evidence at a different time or place than the actual court case.
In some circumstances, this special measure can also be used once a court case has started.
The court will nominate someone to act as the commissioner. Depending on the type of case, this may be a judge or advocate or other suitable person. You will be asked questions and give your evidence in the usual way but this will be in front of the commissioner rather than the judge or sheriff at the trial or hearing.
During the commission, the accused or relevant person involved in the children's hearing court proceedings, is entitled to see and hear the proceedings as they happen but will not normally be in the same room as you.
All of the commission proceedings will be video recorded and the recording will be kept by the court. It will then be played during the trial or court hearing and will be regarded as your evidence in the same way as the evidence of any other witness.
If your evidence is recorded at a commission, you will not normally have to give any evidence during the court case.
If the person citing you as a witness is considering this special measure, they will talk to you and explain more about what it means and how it will be done.