Section 40, The Sexual Offences Act, 2012

(1) For the purposes of this section, a vulnerable witnessmeans a witness who– (a) is under the age of 18; (b) has a mental disability; or (c) is an adult victim of an offence under this Act; and in the opinion of the court, the quality of that witness’s evidence would likely be diminished by reason of fear or distress in connection with testifying in the proceedings. (2) Where a vulnerable witness gives evidence in proceedings under this Act, the court shall order that one or more of the following special measures be used for the giving of evidence by that witness:– (a) the use of a screen or other arrangement to prevent the witness from seeing the defendant; (b) the presence of a support person of the witness’s choosing seated with the witness when he or she is giving evidence; (c) planned seating arrangements for people who have interest in the proceedings, including the level at which they are seated and the people in the witness’s line of vision; (d) the adjournment of the proceedings or any part of the proceedings to chambers or some other premises; (e) the exclusion from the court, while the witness is giving evidence, of all or any persons without a direct interest in the proceedings; (f) permitting a video-recording of an interview of the witness to be admitted as the evidencein-chief of the witness, if at the proceedings the witness- (i) identifies himself or herself and attests to the truthfulness of the contents of the recording; and (ii) is available for cross-examination and re-examination, (g) directing that the witness’s evidence be taken at a pre-trial hearing and that the record of the witness’s evidence at that hearing be admitted as evidence at the trial. (3) At a pre-trial hearing ordered under subsection (2)- (a) no person other than a person authorized by the court is to be present; (b) subject to the control of the presiding officer, the witness is to give his or her evidence and be examined and cross-examined; (c) except as provided by this section, the usual rules of evidence apply; and (d) the proceedings are to be recorded.