Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Criminal Justice (Scotland) Act 2003

Type Act of the Scottish Parliament

Publication 2003-03-26

Last updated 2026-03-19

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

[^key-abb713ca1db0348107fd08cad461c0a3]: S. 17(10A) inserted (13.8.2014) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 28(c), 34; S.S.I. 2014/210, art. 2, sch. (with art. 3)

[^key-ac157e58220ed7aae703bc3604f04239]: Words in s. 3(2)(b) substituted (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 71; S.S.I. 2012/160, art. 3, sch.

[^key-acbaed3af84db3f5b153c13135730afb]: Words in s. 14(12)(a) substituted (13.8.2014 for specified purposes, 10.2.2021 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 23(6)(b), 34; S.S.I. 2014/210, art. 2, sch. (with art. 3); S.S.I. 2020/405, art. 2(a)

[^key-b02df915fc31f9d63fdedef85b87a45c]: S. 42(11)(a)(b) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 47(2)(f); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))

[^key-b040d5369cd7af2cba34e6091b212c45]: Words in s. 16(5)(b)(ii) inserted (13.8.2014) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 23(9)(b)(i), 34; S.S.I. 2014/210, art. 2, sch. (with art. 3)

[^key-b2bea069fb339ff19cb771344d334da1]: Words in s. 56(5)(b) repealed (1.8.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 82(2)(d), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 9)

[^key-b3a5d59bfd84bd0eebca3782bb73a4b0]: Ss. 16A-16C inserted (15.9.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Mental Health (Scotland) Act 2015 (asp 9), ss. 55(2), 61(2); S.S.I. 2017/234, art. 2(1)(b)(2)(a)(3) (with arts. 5-8)

[^key-b3c57d51568d789328de68ffca2b3047]: Word in s. 14(6)(b) repealed (13.8.2014 for specified purposes, 10.2.2021 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 23(3)(b), 34; S.S.I. 2014/210, art. 2, sch. (with art. 3); S.S.I. 2020/405, art. 2(a)

[^key-b46c7252df52084225c03fa263aee787]: S. 60(1)(a)(b) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 47(5)(a); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))

[^key-b4a9a8f03a66c5a875f5f86f43afe661]: Word in s. 56(2)(a) omitted (16.9.2011) by virtue of The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1(3), Sch. para. 2(a)(i) (with art. 4(1)(4))

[^key-b56532affd2f6d874504730086d82fd5]: Words in s. 42(7) repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 47(2)(c)(i); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))

[^key-b6cb2ac8b5be2c82101cc6f35c69042e]: Words in s. 42(4) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 47(2)(a)(i); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))

[^key-bb3462c673426de38a2b2c3b62109bb2]: S. 17E inserted (15.9.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 57(2), 61(2); S.S.I. 2017/234, art. 2(1)(d)

[^key-bf9d09db78f661de4817bbe0c47997cf]: Words in s. 16(3)(f) inserted (5.5.2017 for specified purposes, 15.9.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Mental Health (Scotland) Act 2015 (asp 9), ss. 54(2)(c)(ii), 61(2); S.S.I. 2017/126, art. 2, sch.; S.S.I. 2017/234, art. 2(1)(a)(2)(a) (with arts. 3, 4)

[^key-c224cfee21861f3486917941389a7a82]: S. 14(15)(16) substituted (18.3.2021) by The Criminal Justice (Scotland) Act 2003 (Supplemental Provisions) Order 2021 (S.S.I. 2021/150), arts. 1(2), 2(2)

[^key-c2f49760a3e4c77ced134e87fc7c7843]: S. 80 repealed (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), ss. 110(2)(b), 117(2); S.S.I. 2017/345, art. 3, sch. (with art. 10)

[^key-c6c3fd59f82eb908c6f41aa9513b57c4]: S. 68 repealed (1.7.2011) by Bribery Act 2010 (c. 23), s. 19(1), Sch. 2 (with ss. 16, 19(5)); S.I. 2011/1418, art. 2

[^key-cbfcd43abdae35f4c8240c2c664efaab]: Words in s. 56(7)(a) repealed (1.8.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 82(2)(f), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 9)

[^key-cde6ec8f493b4b30b30e8127b3547d62]: S. 18A(5) inserted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(8)(b), 18(2); S.S.I. 2024/145, reg. 2(1)

[^key-ce7018aa38cb34a6aeb151da55b4e6f4]: Words in s. 16(5)(b)(i) inserted (13.8.2014) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 23(9)(c), 34; S.S.I. 2014/210, art. 2, sch. (with art. 3)

[^key-d32ef6fd3428532961a1b37bedfd8d70]: Ss. 17B-17D inserted (15.9.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Mental Health (Scotland) Act 2015 (asp 9), ss. 56(2), 61(2); S.S.I. 2017/234, art. 2(1)(c)(2)(a)

[^key-d506f52a53be6d85ae6b06a1a7904ee2]: Words in s. 14(5)(b) inserted (13.8.2014 for specified purposes, 10.2.2021 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 23(2)(b)(ii), 34; S.S.I. 2014/210, art. 2, sch. (with art. 3); S.S.I. 2020/405, art. 2(a)

[^key-d5f588f69ab5a3a5d06c2fd7c97bc754]: S. 17A(1) substituted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(5)(a), 18(2); S.S.I. 2024/145, reg. 2(1)

[^key-dae7a47d6d2a3c5a3ee824b65c9552de]: Word in s. 88 inserted (30.9.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 59(3), 61(2); S.S.I. 2017/234, art. 2(2)(b)

[^key-dd68d5a983fae96b2d9b998a2dbefabe]: S. 75 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-dd7328fb9e667ddf7da0d03d6c97bae9]: Words in s. 42(4) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 47(2)(a)(iii); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))

[^key-dec057fe54cdf4e763774875eeb9a757]: Words in s. 14(6)(b) repealed (13.8.2014 for specified purposes, 10.2.2021 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 23(3)(d), 34; S.S.I. 2014/210, art. 2, sch. (with art. 3); S.S.I. 2020/405, art. 2(a)

[^key-df16bc99ded22d3c00b1a73e2a33ab2d]: Words in s. 16(5)(b)(ii) repealed (13.8.2014) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 23(9)(b)(ii), 34; S.S.I. 2014/210, art. 2, sch. (with art. 3)

[^key-e04c51168cba34d3abbeca3c5f75e525]: S. 56(7A) inserted (1.8.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 82(2)(g), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 9)

[^key-e49474be8c1fd6ac280a866f4aad0962]: S. 46 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 47(3); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))

[^key-e49ddf56c33f9b5eb08e13fc0894b489]: Words in s. 16(6) inserted (13.8.2014) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 23(10)(b), 34; S.S.I. 2014/210, art. 2, sch. (with art. 3)

[^key-e51be86cbc053c2915fb2c06ef8c9add]: S. 17(13) added (13.8.2014) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 28(d), 34; S.S.I. 2014/210, art. 2, sch. (with art. 3)

[^key-e528a2485caa3fc33a9c3d9212fcc1b9]: Words in s. 17E(5) substituted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(7)(c), 18(2); S.S.I. 2024/145, reg. 2(1)

[^key-f00f69ba806bd23729b8487509dbbcf7]: S. 16(9) added (13.8.2014) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 23(13), 34; S.S.I. 2014/210, art. 2, sch. (with art. 3)

[^key-f2ab6b25db9a8b63d312b3b5ff6a9343]: Words in s. 18B(2)(a) substituted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(9)(b), 18(2); S.S.I. 2024/145, reg. 2(1)

[^key-f4a4f5f0b1478edf32546c9ac6b7a3c0]: S. 53 repealed (29.11.2019) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 27(3), 84(2); S.S.I. 2019/349, reg. 2(b)

[^key-f5740ed73ce4ede9813bfcf8131f1404]: Words in s. 14(5)(a) inserted (13.8.2014 for specified purposes, 10.2.2021 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 23(2)(a)(i), 34; S.S.I. 2014/210, art. 2, sch. (with art. 3); S.S.I. 2020/405, art. 2(a)

[^key-f9e367eac4e92ae5e6c0401db79521ae]: Words in s. 14(5)(a) inserted (13.8.2014 for specified purposes, 10.2.2021 in so far as not already in force) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 23(2)(a)(ii), 34; S.S.I. 2014/210, art. 2, sch. (with art. 3); S.S.I. 2020/405, art. 2(a)

[^key-fa6ab042178adca7e4945cf92001c1ec]: Words in s. 42(10) inserted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 2 para. 47(2)(e)(i); S.S.I. 2010/413, art. 2, sch. (with art. 3(1))

[^key-fea9b1e7d3eb29f0c810f67bff09a4d7]: Words in s. 56(1) inserted (1.8.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 82(2)(a), 206(1); S.S.I. 2011/178, art. 2, sch. (with art. 9)

[^key-fffb9ba831ef93bf91a69425ae94cdac]: S. 16(3)(g) inserted (5.5.2017 for specified purposes, 15.9.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Mental Health (Scotland) Act 2015 (asp 9), ss. 54(2)(d), 61(2); S.S.I. 2017/126, art. 2, sch.; S.S.I. 2017/234, art. 2(1)(a)(2)(a) (with arts. 3, 4)

[^key-887f58e317b654abe62034e506d25ed6]: S. 17(12)(b) and word repealed (19.3.2026) by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12), ss. 35(3), 116(2); S.S.I. 2026/120, reg. 2, sch.

[^key-3a0a11ba9c8b5740b994dfec4d65c8f3]: S. 17ZA(5)(b) repealed (19.3.2026) by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12), ss. 35(4), 116(2); S.S.I. 2026/120, reg. 2, sch.

Retaining sample or relevant physical data where given voluntarily

Certificates relating to physical data: sufficiency of evidence

Physical punishment of children

Certificates relating to physical data: sufficiency of evidence

Provision by Principal Reporter of information to victims

Retaining sample or relevant physical data where given voluntarily

Competence of justice’s actings outwith jurisdiction

Offences aggravated by religious prejudice

Adjournment at first diet in summary proceedings

Wildlife offences

Adjournment of case before sentence

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration for criminal records purposes

Advice, guidance and assistance to persons arrested or on whom sentence deferred

Status

Public defence

Police custody and security officers

Wildlife offences

Separation of jury after retiral

Warrants issued in Northern Ireland for search of premises in Scotland

Status

Accounts and annual reports

Prohibition of personal conduct of defence in proofs ordered in relation to victim statements in cases of certain sexual offences

Amendments in relation to certain serious and sexual offences

Sexual and certain other offences: reports

Traffic in prostitution etc.

Extended sentences

Consecutive sentences: life prisoners etc.

Release on licence etc. under 1989 Act

Release: prisoners serving extended sentences

Release on licence: life prisoners

Release: prisoners serving extended sentences

Prisoners repatriated to Scotland

Suspension of conditions and revocation of licences under 1989 Act

Revocation of licences under 1993 Act

Drugs courts

Convention rights of certain life prisoners

Drugs courts

Requirement for remote monitoring in probation order

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Retaining sample or relevant physical data where given voluntarily

Breach of certain orders: adjourning hearing and remanding in custody etc.

Prohibition of publication of proceedings at children’s hearing etc.

Certificates relating to physical data: sufficiency of evidence

Taking samples by swabbing

Adjournment at first diet in summary proceedings

Adjournment of case before sentence

Public defence

Adjournment at first diet in summary proceedings

Review hearing of drug treatment and testing order

Wildlife offences

Adjournment of case before sentence

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration for criminal records purposes

Advice, guidance and assistance to persons arrested or on whom sentence deferred

Reintroduction of ranks of deputy chief constable and chief superintendent

Police custody and security officers

Disqualification from jury service

Separation of jury after retiral

Transitional provisions etc.

Status

Grants to local authorities discharging certain functions jointly

Police custody and security officers

Disqualification from jury service

Separation of jury after retiral

Warrants issued in Northern Ireland for search of premises in Scotland

Transitional provisions etc.

Status

Remand and committal of children and young persons

Traffic in prostitution etc.

Remand and committal of children and young persons

Release on licence etc. under 1993 Act

Release on licence etc. under 1989 Act

Release on licence: certain consecutive sentences

Prisoners repatriated to Scotland

Release: prisoners serving extended sentences

Remote monitoring of released prisoners

Revocation of licences under 1993 Act

Drugs courts

Parole Board to have regard to risk management plans

Drugs courts

Prohibition of publication of proceedings at children’s hearing etc.

Transfer of sheriff court proceedings

Power of arrest where breach of non-harassment order

Leave to appeal: extension of time limit for application under section 107(4) of 1995 Act

Adjournment at first diet in summary proceedings

Registration for criminal records purposes

Separation of jury after retiral

Warrants issued in Northern Ireland for search of premises in Scotland

Registration for criminal records purposes

Grants to local authorities discharging certain functions jointly

Public defence

Reintroduction of ranks of deputy chief constable and chief superintendent

Disqualification from jury service

Warrants issued in Northern Ireland for search of premises in Scotland

Transitional provisions etc.

Status

Power of arrest where breach of non-harassment order

Taking samples by swabbing

Breach of certain orders: adjourning hearing and remanding in custody etc.

Unified citation provisions

Certificates relating to physical data: sufficiency of evidence

Leave to appeal: extension of time limit for application under section 107(4) of 1995 Act

Retaining sample or relevant physical data where given voluntarily

Transfer of sheriff court proceedings

Competence of justice’s actings outwith jurisdiction

Separation of jury after retiral

Police custody and security officers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remand and committal of children and young persons

Legal custody

Release on licence etc. under 1989 Act

Release on licence etc. under 1993 Act

Release on licence: life prisoners

Release on licence: certain consecutive sentences

Release: prisoners serving extended sentences

Convention rights of certain life prisoners

Suspension of conditions and revocation of licences under 1989 Act

Parole Board to have regard to risk management plans

Extended sentences: recall to prison and revocation of licences

Restriction of liberty orders

Remote monitoring of released prisoners

Parole Board to have regard to risk management plans

Disclosure of certain information relating to victims of crime

Sexual and certain other offences: reports

Traffic in prostitution etc.

Legal custody

Consecutive sentences: life prisoners etc.

Release on licence etc. under 1989 Act

Release: prisoners serving extended sentences

Suspension of conditions and revocation of licences under 1989 Act

Restriction of liberty orders

Prohibition of publication of proceedings at children’s hearing etc.

Power of arrest where breach of non-harassment order

Certificates relating to physical data: sufficiency of evidence

Transfer of sheriff court proceedings

Leave to appeal: extension of time limit for application under section 107(4) of 1995 Act

Adjournment at first diet in summary proceedings

Adjournment of case before sentence

Bribery and corruption committed outwith UK

Grants to local authorities discharging certain functions jointly

Police custody and security officers

Separation of jury after retiral

Television link from court to prison or other place of detention

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status

Advice, guidance and assistance to persons arrested or on whom sentence deferred

Warrants issued in Northern Ireland for search of premises in Scotland

Transitional provisions etc.

Status

Transitional provisions etc.

Separation of jury after retiral

Victim’s right to receive information concerning release etc. of offender

17A

(1) This section applies where—

(a) by virtue of subsection (1) or (5) of section 16 a person (the “victim”), or

(b) by virtue of section 16ZA(3), a person entitled to receive information under that section (the “supporter”),

is given the information mentioned in section 16(3)(d) as respects a convicted person.

(2) On the first occasion on which the convicted person is entitled to be considered for temporary release by virtue of rules under section 39(6) of the 1989 Act, the Scottish Ministers must give the victim an opportunity to make written representations to them about any conditions that the victim considers should be imposed in relation to the temporary release.

(3) Subsection (2) applies only if the victim has notified the Scottish Ministers that the victim wishes to be given the opportunity to make representations under that subsection.

(4) The Scottish Ministers must—

(a) fix a time within which any written representations under subsection (2) require to be made to them if they are to be considered by them, and

(b) notify the victim or, as the case may be, the supporter of the time fixed.

Legal custody

Release on licence etc. under 1989 Act

Release on licence: life prisoners

Suspension of conditions and revocation of licences under 1989 Act

Suspension of licence conditions under 1993 Act

Requirement for remote monitoring in probation order

Prohibition of publication of proceedings at children’s hearing etc.

Taking samples by swabbing

Competence of justice’s actings outwith jurisdiction

Review hearing of drug treatment and testing order

Advice, guidance and assistance to persons arrested or on whom sentence deferred

Offences aggravated by religious prejudice

16A

(1) Subsection (2) applies where—

(a) an offence has been perpetrated against a natural person,

(b) another person (“O”) has been made subject to a compulsion order and a restriction order in proceedings in respect of that offence,

(c) a person has asked to be given information about O under this section and that person is, or was at the time of asking, a person entitled to ask to be given the information (see section 16B), and

(d) O has attained the age of 16 years.

(2) The Scottish Ministers must give the information about O described in section 16C to the person mentioned in subsection (1)(c).

(3) But the Scottish Ministers—

(a) need not give a person information under this section if they consider there to be exceptional circumstances which make it inappropriate to do so,

(b) are not to give a person information about the terms of a condition in accordance with section 16C(2)(h) unless the condition is relevant to that person as described in section 18A(3).

(4) If the compulsion order or the restriction order mentioned in subsection (1)(b) is revoked, subsection (2) ceases to apply when the Scottish Ministers give the person mentioned in subsection (1)(c) the information that—

(a) the order has been revoked, and

(b) the decision to revoke it is final.

16B

(1) The reference in section 16A(1)(c) to a person entitled to ask to be given information under that section is to—

(a) the natural person (“V”) against whom the offence mentioned in section 16A(1)(a) (“the relevant offence”) was perpetrated,

(b) if V is dead—

(i) any or all of the four qualifying persons highest listed in section 14(10), and

(ii) if V died before attaining the age of 16 years, any other person who cared for V immediately before the relevant offence was perpetrated, or

(c) if V has attained the age of 12 years and is incapable for the purposes of this section, the qualifying person highest listed in section 14(10).

(2) If a person (including V) who would be entitled to ask to be given information by virtue of subsection (1) has not attained the age of 12 years—

(a) the person is not entitled to ask to be given the information, and

(b) someone who cares for the person is entitled to ask to be given it instead.

(3) For the purposes of this section—

(a) the references to a qualifying person are to a person—

(i) whose relationship to V is listed in subsection (10) of section 14 (read with the other subsections of that section),

(ii) who is not incapable for the purposes of this section, and

(iii) who is not a person accused of, or reasonably suspected of being the perpetrator of, or having been implicated in the perpetration of, the relevant offence,

(b) when determining who is the qualifying person highest listed in section 14(10), if two or more persons have the same relationship to V they are to be listed according to age with the eldest being the highest listed of them,

(c) the expressions “cared for” and “cares for”, are to be construed in accordance with the definition of “someone who cares for” in paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010,

(d) a person is to be considered incapable for the purposes of this section if the person would be considered incapable of making a victim statement by virtue of section 14(6)(b)(i) and (7).

16C

(1) This section sets out the information that is to be given under section 16A about the person referred to in that section as O.

(2) The following information is to be given in any case—

(a) that the compulsion order to which O is subject and which is mentioned in section 16A(1)(b) has been revoked,

(b) that the restriction order to which O is subject and which is mentioned in section 16A(1)(b) has been revoked,

(c) where the order mentioned in paragraph (a) or the order mentioned in paragraph (b) has been revoked, that the decision to revoke it—

(i) is being appealed against, or

(ii) cannot competently be appealed against and is therefore final,

(d) the date of O's death,

(e) that the compulsion order has been varied by way of a modification of the measures specified in it,

(f) that O has been transferred to a place outwith Scotland,

(g) that the Mental Health Tribunal has made an order under section 193(7) of the Mental Health Act conditionally discharging O,

(h) the terms of any conditions imposed on O on conditional discharge under section 193(7) or section 200(2) of the Mental Health Act (including under section 193(7) as applied by section 201(3) or 204(3) of that Act),

(i) that the Scottish Ministers have recalled O to hospital under section 202 of the Mental Health Act.

(3) The following information is to be given in a case where the compulsion order authorises O's detention in hospital—

(a) that O is unlawfully at large from hospital,

(b) that O has returned to hospital having been unlawfully at large,

(c) that a certificate has been granted, for the first time, under the Mental Health Act which suspends O's detention and does not impose a supervision requirement,

(d) that the certificate mentioned in paragraph (c) has been revoked.

(4) The following information is to be given in a case where the order mentioned in paragraph (a) or the order mentioned in paragraph (b) of subsection (2) has been revoked and that decision is appealed against—

(a) that the Court of Session has decided to allow, or not allow, the appeal against the decision to revoke the order in question,

(b) that the Court of Session's decision—

(i) has been appealed against to the Supreme Court, or

(ii) has not been appealed against to the Supreme Court before the expiry of the time allowed to appeal to the Supreme Court, and therefore if the Court of Session has not allowed the appeal the decision to revoke the order in question is final,

(d) if the Supreme Court's decision means that the decision to revoke the order in question has not been set aside, that the latter decision is final,

(e) if the Court of Session's decision or the Supreme Court's decision means that O is once more subject to the order in question, that fact.

17B

(1) A person (“V”) who is to be given information about another person (“O”) under section 16 or 16A, must be afforded an opportunity to make representations—

(a) in a case where O is subject to a hospital direction or a transfer for treatment direction, before a decision of a type described in subsection (4) is taken in relation to O,

(b) in a case where O is subject to a compulsion order and a restriction order, before a decision of a type described in subsection (5) is taken in relation to O.

(2) Representations under this section must be about how the decision in question might affect V or members of V's family.

(3) Subsection (1) does not apply unless V has intimated to the Scottish Ministers a wish to be afforded an opportunity to make representations about O under this section.

(4) For the purpose of subsection (1)(a), the type of decision is a decision by O's responsible medical officer about granting for the first time a certificate under the Mental Health Act which suspends O's detention and does not impose a supervision requirement.

(5) For the purpose of subsection (1)(b), the types of decision are a decision—

(a) by O's responsible medical officer about granting for the first time a certificate under the Mental Health Act which suspends O's detention and does not impose a supervision requirement,

(b) by the Mental Health Tribunal under section 193 of the Mental Health Act (including a decision under that section as applied by section 201(3) or 204(3) of that Act),

(c) by the Scottish Ministers under section 200 of the Mental Health Act about imposing, altering or removing a condition which is (or would be) relevant to V as described in section 18A(3).

(6) The Scottish Ministers need not afford V an opportunity to make representations before taking a decision of the type described in subsection (5)(c) if it is not reasonably practicable to afford V that opportunity.

17C

(1) Representations under section 17B—

(a) may be made orally in relation to a decision of a type described in section 17B(5)(b),

(b) otherwise, must be made in writing.

(2) The Scottish Ministers are to issue guidance as to how—

(a) written representations under section 17B should be framed, and

(b) oral representations under that section should be made.

17D

(1) Subsection (2) applies where—

(a) before a decision was taken, a person (“V”) was afforded an opportunity to make representations under section 17B,

(b) the decision has since been taken,

(c) the Scottish Ministers are not required under section 16A to give any information to V as a result of the decision, and

(d) V has intimated to the Scottish Ministers a wish to receive information under this section.

(2) The Scottish Ministers must, unless they consider that there are exceptional circumstances which make it inappropriate to do so, inform V that the decision has been taken.

(3) Subsection (4) applies where—

(a) in accordance with subsection (2), the Scottish Ministers have informed V that the Tribunal has decided to make an order revoking a compulsion order or restriction order, and

(b) by virtue of section 196 of the Mental Health Act, the Tribunal's order does not have effect because the Court of Session has made an order under section 323(1) of that Act.

(4) The Scottish Ministers must—

(a) inform V that the Court of Session has made an order under section 323(1) of the Mental Health Act, and

(b) give V the information that they would have had to give V by virtue of section 16C(4) had the Court not made that order.

17E

(1) Where the Scottish Ministers are subject to a duty under section 16 , 16ZA, 16A or 16D to give a person (“V”) or, as the case may be, a supporter information about another person (“O”), they must give notice to—

(a) O's responsible medical officer, and

(b) if O is subject to a compulsion order, the Mental Health Tribunal.

(2) A notice under subsection (1) is to request that the recipient of the notice provide the Scottish Ministers with information in such circumstances as may be specified in the notice.

(3) The information that the Scottish Ministers may request in a notice under subsection (1) must be information about O which they will require in order to fulfil their duty to give information to V under section 16, 16A or 17D or to a supporter under section 16ZA, 16D or 17DA.

(4) The recipient of a notice under subsection (1) must provide the Scottish Ministers with the information requested in the notice in the circumstances specified in it.

(5) If the Scottish Ministers cease to be required to give anyone information about O under section 16 or 16ZA, 16A or, as the case may be, 16D—

(a) they must intimate that fact to anyone to whom they sent a notice in relation to O in accordance with subsection (1), and

(b) on receiving that intimation, subsection (4) ceases to apply to the person who received the intimation.

(6) In this section, “supporter” is to be construed in accordance with section 16ZA, 16D or, as the case may be, 17DA.

18A

(1) In this Part—

“Mental Health Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003,

“Mental Health Tribunal” means the Mental Health Tribunal for Scotland,

“transfer for treatment direction” means a direction made under section 136 of the Mental Health Act.

(2) A reference in this Part—

(a) to a certificate under the Mental Health Act which suspends a person's detention and does not impose a supervision requirement is to a certificate under subsection (2) of section 224 of that Act which does not include a condition under subsection (7)(a) of that section,

(b) to such a certificate being granted for the first time is to such a certificate being granted for the first time—

(i) since the person was detained under the particular order or direction which authorises the person's detention in a hospital (or would do, but for the certificate's being granted), or

(ii) in a case where the person, while subject to that order or direction, has been recalled to hospital under section 202 of the Mental Health Act, since the person was so recalled (or most recently so recalled if it has happened more than once).

(3) For the purposes of sections 16A(3)(b) , 16D(4)(b) and 17B(5)(c), a condition is relevant to a person (“V”) or, as the case may be, a supporter if—

(a) the condition is a restriction on the person referred to in the section in question as O contacting an individual or being in a place, and

(b) V has made a valid request to the Scottish Ministers to be informed about any condition which restricts O from—

(i) contacting that individual, or (as the case may be)

(ii) being in that place or any wider area within which the place in question falls.

(4) The Scottish Ministers may treat a request as invalid for the purposes of subsection (3) if or so far as—

(a) it is a request to be informed about any condition which restricts O from being in a place, and

(b) the place referred to in the request—

(i) is not one which V or any member of V's family is regularly at or in, or

(ii) covers an unreasonably large area having regard to the places where V and members of V's family regularly go.

(5) In this section, “supporter” is to be construed in accordance with section 16D or, as the case may be, 17DA.

18B

(1) The Scottish Ministers may by order amend—

(a) sections 16ZA, 16A, 16B, 16D(5) and 17ZA(4), by substituting for any age for the time being specified in those sections a different age,

(b) section 16C, by adding descriptions of information,

(c) section 18A, by adding, amending or repealing definitions of terms used in the descriptions of information in section 16C.

(2) The Scottish Ministers may by order amend—

(a) sections 16A and 16D, so that information may be given under that section in some or all cases where a person has been made subject to a compulsion order and either—

(i) the person has not been made subject to a restriction order, or

(ii) the restriction order to which the person was made subject has been revoked,

(b) section 17B, to specify types of decision in respect of which representations under that section may be made by persons who have a right to be given information under section 16A as amended by virtue of paragraph (a).

(3) In an order under subsection (2) which amends section 16A , 16D or 17B, the Scottish Ministers may make any amendment to the following enactments which they consider necessary or expedient in consequence of the amendment to section 16A , 16D or 17B—

(a) sections 16C, 17E and 18A,

(b) the Mental Health (Care and Treatment) (Scotland) Act 2003.

Provision by Principal Reporter of information to victims

Taking samples by swabbing

Competence of justice’s actings outwith jurisdiction

Adjournment at first diet in summary proceedings

Review hearing of drug treatment and testing order

Adjournment of case before sentence

Bribery and corruption: foreign officers etc.

Registration for criminal records purposes

Reintroduction of ranks of deputy chief constable and chief superintendent

Power of arrest where breach of non-harassment order

Provision by Principal Reporter of information to victims

Convictions in other member States of the European Union

Transfer of sheriff court proceedings

Unified citation provisions

Leave to appeal: extension of time limit for application under section 107(4) of 1995 Act

Transcript of record

Advice, guidance and assistance to persons arrested or on whom sentence deferred

Grants to local authorities discharging certain functions jointly

Disqualification from jury service

Separation of jury after retiral

16ZA

(1) This section applies where—

(a) a person entitled to receive information under section 16 (the “victim”) intimates to the Scottish Ministers that a person to whom subsection (2) applies (the “supporter”) is to be given, as well as or instead of the victim, the information described in section 16(3) in relation to the person convicted of the offence perpetrated against the victim, or

(b) a supporter intimates to the Scottish Ministers that they wish to be given that information and Ministers are satisfied that the victim consents to the supporter being given the information.

(2) This subsection applies to a person—

(a) of a description prescribed by the Scottish Ministers by regulations, and

(b) who is providing support services to the victim in relation to the offence perpetrated against the victim.

(3) The Scottish Ministers must, unless they consider that there are exceptional circumstances which make it inappropriate to do so, give the supporter such information as is described in section 16(3).

(4) Subsection (3) does not apply where the person convicted of the offence perpetrated against the victim is released before attaining the age of 16 years.

(5) In this section, “support services”—

(a) means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of the victim, and

(b) includes—

(i) providing the victim with information (including information provided under subsection (3)),

(ii) assisting the victim with safety planning,

(iii) assisting the victim with the making of representations under this Part.

(6) The Scottish Ministers may by regulations modify the definition of “support services” in subsection (5).

(7) Regulations under subsection (2)(a) and (6) may—

(a) include incidental, supplementary, consequential, transitional, transitory or saving provision,

(b) modify enactments (including this Act).

(8) Regulations—

(a) under subsection (2)(a)—

(i) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

(ii) are otherwise subject to the negative procedure,

(b) under subsection (6) are subject to the affirmative procedure.

16D

(1) This section applies where—

(a) a person entitled to ask to be given information under section 16A (the “victim”) intimates to the Scottish Ministers that a person to whom subsection (2) applies (the “supporter”) is to be given, as well as or instead of the victim, the information described in section 16C about the person referred to in section 16A as O, or

(b) a supporter intimates to the Scottish Ministers that they wish to be given that information and Ministers are satisfied that the victim consents to the supporter being given the information.

(2) This subsection applies to a person—

(a) of a description prescribed by the Scottish Ministers by regulations, and

(b) who is providing support services to the victim in relation to the offence in respect of which O has been made subject to a compulsion order and a restriction order.

(3) The Scottish Ministers must give the information about O described in section 16C to the supporter.

(4) But the Scottish Ministers—

(a) need not give the supporter information under this section if they consider there to be exceptional circumstances which make it inappropriate to do so,

(b) are not to give the supporter information about the terms of a condition in accordance with section 16C(2)(h) unless the condition is relevant to the victim as described in section 18A(3).

(5) Subsection (3) does not apply where O has not attained the age of 16 years.

(6) If the compulsion order or restriction order to which O has been made subject is revoked, subsection (3) ceases to apply when the Scottish Ministers give the victim or, as the case may be, the supporter the information that—

(a) the order has been revoked, and

(b) the decision to revoke it is final.

(7) In this section, “support services” has the same meaning as in section 16ZA(5).

(8) Regulations under subsection (2)(a)—

(a) may—

(i) include incidental, supplementary, consequential, transitional, transitory or saving provision,

(ii) modify enactments (including this Act),

(b) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

17ZA

(1) This section applies where—

(a) a person entitled to receive information under section 16 (the “victim”) as respects a convicted person intimates that they wish a person entitled to receive information under section 16ZA (the “supporter”) to be informed before any decision is taken to release the convicted person, or

(b) the supporter intimates that they wish to be so informed and the Scottish Ministers are satisfied that the victim consents to the supporter being so informed.

(2) The Scottish Ministers must, whether or not the victim has intimated the wish to be afforded the opportunity to make representations under section 17(1), give the supporter—

(a) notice as mentioned in section 17(5), (7) and (9), and

(b) the information mentioned in section 17(10).

(3) The Parole Board for Scotland must give the supporter the information mentioned in section 17(6) and (8) (whether or not the victim has intimated the desire to receive that information).

(4) Subsections (2) and (3) do not apply where the convicted person has not attained the age of 16 years by the date on which the case is referred to the Parole Board by the Scottish Ministers.

(5) This section does not apply—

(a) as respects release under section 3 of the 1993 Act (release on compassionate grounds),

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17DA

(1) This section applies where—

(a) a person entitled to receive information under section 17D (the “victim”) intimates to the Scottish Ministers that a person to whom subsection (2) applies (the “supporter”) is to receive, as well as or instead of the victim, the information, or

(b) a supporter intimates to the Scottish Ministers that they wish to receive that information and Ministers are satisfied that the victim consents to the supporter receiving the information.

(2) This subsection applies to a person—

(a) of a description prescribed by the Scottish Ministers by regulations, and

(b) who is providing support services to the victim in relation to the offence in respect of which the person referred to in section 17B as O has been made subject to—

(i) a hospital direction,

(ii) a transfer for treatment direction, or, as the case may be,

(iii) a compulsion order and a restriction order.

(3) The Scottish Ministers must, unless they consider that there are exceptional circumstances which make it inappropriate to do so, inform the supporter that the decision under section 17B has been taken.

(4) Subsection (5) applies where—

(a) in accordance with subsection (3), the Scottish Ministers have informed the supporter that the Tribunal has decided to make an order revoking a compulsion order or restriction order, and

(b) by virtue of section 196 of the Mental Health Act, the Tribunal's order does not have effect because the Court of Session has made an order under section 323(1) of that Act.

(5) The Scottish Ministers must—

(a) inform the supporter that the Court of Session has made an order under section 323(1) of the Mental Health Act, and

(b) give the supporter the information that they would have had to give the supporter by virtue of section 16C(4) had the Court not made that order.

(6) In this section, “support services” has the same meaning as in section 16ZA(5).

(7) Regulations under subsection (2)(a)—

(a) may—

(i) include incidental, supplementary, consequential, transitional, transitory or saving provision,

(ii) modify enactments (including this Act),

(b) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

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