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The Act provides support measures to help vulnerable adults participate more fully in court proceedings. A vulnerable witness is a witness in respect of whom there is a significant risk that the quality of their evidence may be diminished by reason of fear or distress in connection with giving evidence at a trial. Special measures are intended to help vulnerable witnesses by providing appropriate support when they give their evidence to reduce any anxiety and pressure. It should be noted however that the final decision on whether to use special measures rests with the sheriff in court. 

The definition of vulnerability used in this Act goes beyond the definition used within Adult Protection procedures but is likely to include all those covered within these procedures. 

The factors listed within the draft guidance in deciding if special measures are required include: 

  • Mental disorder (including learning disability) 
  • Communication difficulties  
  • Behavioural indicators  
  • Age and maturity (including old age and frailty)

As well as more general factors which may apply in adult harm cases, including? 

  • Risk of intimidation 
  • Harm against older adults 
  • Serious or repeated sexual offences or extreme violence 
  • Domestic violence 
  • Any power imbalance between the witness and the accused at the time of the offence 
  • Where the accused is a significant family member 
  • Where the witness was dependent on the accused

The special measures for which adult witnesses may be eligible are;  

  • Live television link from another part of the Court building or place out with that building  
  • Prior statements as evidence in chief (in criminal cases only) 
  • Taking statements on commission 
  • Use of a screen  
  • Having a supporter present when evidence, or combination of the above.