Sheriff Court: Evidence by Commissioner - Practice Note

Message from the Sheriff Principal re taking of evidence of a vulnerable witness by a Commissioner in the Sheriff Court (Criminal Courts Practice Note No. 1 of 2026) -

The Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (section 1) introduced a statutory presumption for the pre-recording of evidence of certain specified types of vulnerable witnesses in advance of trial. It was to be introduced in phases.

The presumption was to be extended to child complainers and witnesses under the age of 16 giving evidence in a defined list of offences in sheriff solemn cases. I understand the presumption will come into force on 30 March 2026.

The presumption will apply to solemn cases (a) where any accused in the proceedings first appears on petition on or after 30 March 2026 or (b) where no accused appears on petition, the indictment is served on any accused in the proceedings on or after 30 December 2026.

There will therefore be some time lag before the presumption truly comes into effect.

To support a clear understanding and a collective approach to evidence by commissioner, the Sheriffs Principal have issued a national Practice Note.

PN No 1 of 2026 EBC Publication version 19 03 26.pdf

Download PDF • 512KB

Glasgow Sheriff Court now has access to a dedicated vulnerable witness suite at Atlantic Quay. If you would like to attend a familiarisation visit to view the facilities, please email the library by 2nd April. Arrangements for such visits will be made depending on the level of interest.