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Appealing a decision on special measures as a witness in court
If you have applied for special meaures (i.e giving evidence via TV link, behind a screen, or having a member of Victim Support to sit next to you in court etc for fear of the accused) as a witness in court and it is declined, can it be appealed, and if so, how?
Is a person entitled to a Statment of reasons as to why they have been refused, or is simply stating "insufficeint grounds" reason enough?
Are there regulations, law or guidelines a sheriff has to follow when considering a person for special measures? If so, where can I find them?
Thank you!
My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.
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Re: Appealing a decision on special measures as a witness in court
Yes Gyzmo, I'm in Scotland.
Please forgive me if I don't reply right away, I'm not going to be able to get on the internet from at some point later on today until Monday.
I hope you or someone can help, thank you.
My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.
Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
(exceptions for prior authorisation)
If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post
Re: Appealing a decision on special measures as a witness in court
I don't know much about the area sorry, I know that there are certain grounds on which to apply for SM, but that a judge can refuse on the grounds of justice. May be worth contacting the court to ask for reasons? Hopefully someone else will come along soon
Appealing a decision on special measures as a witness in court
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