The Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (Commencement No. 2 and Transitional Provision) Regulations 2025

Made: 12th June 2025

Laid before the Scottish Parliament: 16th June 2025

Coming into force: 27th June 2025

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 12(2) and (3)(b) of the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019[^f00001].

Citation and commencement

1

These Regulations may be cited as the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (Commencement No. 2 and Transitional Provision) Regulations 2025 and come into force on 27 June 2025.

Appointed day

2

27 June 2025 is the day appointed for the coming into force of sections 6 (using only standard special measures) and 10(4) (consequential amendments) of the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019.

Transitional provision

3

• (1) Section 271AA of the Criminal Procedure (Scotland) Act 1995[^f00002] applies only in respect of proceedings commenced on or after 27 June 2025.

• (2) Proceedings are to be taken as having commenced on the date when the indictment or, as the case may be, complaint is served on the accused.

Signed

ANGELA CONSTANCE — A member of the Scottish Government — 12th June 2025

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations bring into force on 27 June 2025 sections 6 and 10(4) of the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (“the Act”).

Section 6 of the Act inserts a new section 271AA into the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”). This provides for a simplified notification process where a party citing a child or deemed vulnerable witness (see section 271(1)(a) and (c) and (5) of the 1995 Act) considers that it is most appropriate for that witness to give evidence using only standard special measures (see section 271A(14) of the 1995 Act). Section 10(4) contains consequential amendments of section 271F of the 1995 Act which deals with the situation where the relevant witness is the accused.

Under regulation 3 of these Regulations, the new notification process will apply only in respect of proceedings which commence on or after 27 June 2025.

The Bill for the Act received Royal Assent on 13 June 2019. Sections 11 to 13 came into force the following day.

Footnotes

[^f00001]: 2019 asp 8 (“the Act”).

[^f00002]: 1995 c. 46. Section 271AA is inserted by section 6(2) of the Act.