Special measure -evidence taken by a commissioner
If you are considered to be a vulnerable witness, in some cases, the lawyer might want to record your evidence before the court case starts. The court might agree to this if it is thought, for example, that the quality of your evidence might be affected by waiting until the court date. Giving recorded evidence outside the courtroom is known as giving your evidence to a commissioner.
Giving evidence to a commissioner means that you give your evidence separately at a different time or place from that of the actual court hearing. The evidence you give to the commissioner can then be used during the 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 court case.
During the commission, the opposing party or parties involved in the court proceedings, are 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 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.