
1 

(1) This Order may be cited as the Justice of the Peace Courts (Special Measures) (Scotland) Order 2015 and comes into force in accordance with paragraph (2).
(2) This Order comes into force six days after the day on which it is made.
(3) This Order applies only to criminal proceedings commenced on or after the day on which this Order comes into force.
(4) For the purposes of paragraph (3), criminal proceedings are to be taken as commenced on the day on which a report of the case has been received by the procurator fiscal.
2 
In this Order—
 “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995; and
 “JP Court” means Justice of the Peace Court.
3 

(1) Sections 271 to 271M of the 1995 Act apply to proceedings in JP Courts subject to the following modifications.
(2) In section 271(5) (vulnerable witnesses: definitions)—
(a) in the definition of “court”, after “sheriff court”, insert “or a JP court”, and
(b) in the definition of “hearing in relevant criminal proceedings”, after “sheriff court”, insert “or a JP court”.
(3) For section 271I(8) (taking of evidence by a commissioner), substitute—“
(8) The person is a justice of the peace appointed under section 67 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.”.
(4) For section 271J(4) (live television link), substitute—“
(4) Where—
(a) the live television link is to be used in proceedings in a JP court, but
(b) that court lacks accommodation or equipment necessary for the purpose of receiving such a link,
the justice of the peace may by order transfer the proceedings to another JP court in the same sheriffdom which has such accommodation or equipment available.”.
4 

(1) Section 288E (prohibition of personal conduct of defence in certain cases involving child witnesses under the age of 12) of the 1995 Act applies to proceedings in JP Courts subject to the modifications in paragraphs (2) and (3).
(2) In subsection (2), omit “(other than proceedings in the JP court)”.
(3) For subsection (4), substitute—“
(4) Section 288D of this Act applies in the case of proceedings to which this section applies as it applies in the case of proceedings in respect of a sexual offence to which section 288C applies subject to the following modifications—
(a) in section 288D(1), omit “(other than proceedings in a JP court)”, and
(b) in section 288D(2)(a)(i), construe the reference to a relevant hearing as a reference to a hearing referred to in section 288E(2A).”.
5 

(1) Section 288F (power to prohibit personal conduct of defence in other cases involving vulnerable witnesses) of the 1995 Act applies to proceedings in JP Courts subject to the modifications in paragraphs (2) and (3).
(2) In subsection (1), omit paragraph (a).
(3) For subsection (5), substitute—“
(5) Section 288D of this Act applies in the case of proceedings in respect of which an order is made under this section as it applies in the case of proceedings in respect of a sexual offence to which section 288C applies subject to the following modifications—
(a) in section 288D(1), omit “(other than proceedings in a JP court)”, and
(b) in section 288D(2)(a)(i), construe the reference to a relevant hearing as a reference to a hearing in respect of which an order is made under section 288F.”.
PAUL WHEELHOUSE
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
17th December 2015