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Victims, Witnesses, and Justice Reform (Scotland) Act 2025

Type Act of the Scottish Parliament

Publication 2025-10-30

Last updated 2026-04-06

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — Victims and Witnesses Commissioner for Scotland

Establishment

Victims and Witnesses Commissioner for Scotland

1

(1) The office of Victims and Witnesses Commissioner for Scotland is established.

(2) Schedule 1 makes further provision about the office.

Functions and powers

Reports

2

(1) The Commissioner’s general function is to promote and support the rights and interests of victims and witnesses.

(2) In exercising the general function, the Commissioner is to—

(a) engage, in such manner as the Commissioner considers appropriate, with—

(i) victims and witnesses,

(ii) persons providing victim support services,

(b) take such steps as the Commissioner considers appropriate to raise awareness of and promote—

(i) the interests of victims and witnesses,

(ii) the Victims’ Charter (see section 9),

(i) standards of service set and published under section 2 of the Victims and Witnesses (Scotland) Act 2014 (“the 2014 Act”),

(ii) the Victims’ Code for Scotland prepared and published under section 3B of that Act,

(d) consider the provision of information to victims and other persons and the making of representations under Part 2 of the Criminal Justice (Scotland) Act 2003,

(e) promote best practice, in particular trauma-informed practice, by—

(i) criminal justice bodies,

(ii) persons providing victim support services,

(f) undertake and commission research in order to—

(i) produce the Commissioner’s annual report under section 18,

(ii) make recommendations, in relation to any matter relevant to the Commissioner’s general function, to criminal justice bodies and to persons providing victim support services.

Suspension from detention within hospital grounds

3

(1) The Scottish Ministers may, by regulations, amend the Commissioner’s general function to include the civil function.

(2) The civil function is to promote and support the rights and interests of persons involved in proceedings other than criminal proceedings.

(3) Regulations under subsection (1) may, in particular—

(a) contain a definition, for the purposes of the civil function, of—

(i) proceedings other than criminal proceedings,

(ii) persons involved in proceedings other than criminal proceedings,

(b) provide for the exercise of the civil function to include—

(i) engagement, in such manner as the Commissioner considers appropriate, with persons involved in proceedings other than criminal proceedings or providing support to persons involved in such proceedings,

(ii) taking such steps as the Commissioner considers appropriate to raise awareness of and promote the interests of persons involved in proceedings other than criminal proceedings,

(iii) promoting best practice, in particular trauma-informed practice, by persons involved in the administration and management of proceedings other than criminal proceedings and by persons providing support to persons involved in such proceedings,

(iv) undertaking and commissioning research in order to include information relating to the exercise of the civil function within the annual report under section 18,

(v) undertaking and commissioning research in order to make recommendations, in relation to any matter relevant to the civil function, to persons involved in the administration and management of proceedings other than criminal proceedings and persons that provide support to persons involved in such proceedings,

(i) persons involved in proceedings other than criminal proceedings,

(ii) the administration and management of proceedings other than criminal proceedings and persons involved in such administration and management,

(iii) persons providing support to persons involved in proceedings other than criminal proceedings.

(4) Regulations under subsection (1) may—

(a) make any incidental, supplementary, consequential, transitional, transitory or saving provision the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to this section,

(b) modify this Part (including schedules 1 and 2).

Engagement

4

(1) In exercising the Commissioner’s function under section 2(2)(a), the Commissioner—

(a) may establish such groups as the Commissioner considers appropriate,

(b) must pay particular attention to groups of victims and witnesses who do not have other adequate means by which they can make their views known.

(2) The Commissioner must prepare and keep under review a strategy for engaging with victims, witnesses and persons providing victim support services in accordance with section 2(2)(a) and this section.

Advisory group

5

(1) The Commissioner may establish and maintain an advisory group to give advice and information to the Commissioner about matters relating to the Commissioner’s functions.

(2) The members of any such advisory group are to be such persons as the Commissioner may determine, subject to the approval of the Parliamentary corporation as to—

(a) the number of members,

(b) the persons to be appointed.

(3) The Commissioner may pay to the members of any such advisory group such remuneration and allowances (including expenses) as the Commissioner, with the approval of the Parliamentary corporation, may determine.

(4) The procedure of any such advisory group is to be such as the Commissioner may determine.

Power to work with others

6

(1) The Commissioner may, in the exercise of the Commissioner’s functions—

(a) work with a person mentioned in subsection (2), on such terms as may be agreed with the person,

(b) when requested by such a person, provide assistance to the person,

(2) The persons are—

(a) the Scottish Parliament,

(b) the Scottish Ministers,

(d) the chief constable of the Police Service of Scotland,

(e) His Majesty’s Inspectors of Constabulary in Scotland,

(f) the Scottish Police Authority,

(g) the Police Investigations and Review Commissioner,

(h) the Information Commissioner,

(i) the Scottish Human Rights Commission,

(j) the Commissioner for Children and Young People in Scotland,

(k) such other persons as the Commissioner considers appropriate.

General powers

7

(1) The Commissioner may do anything which appears to the Commissioner—

(a) to be necessary or expedient for the purposes of, or in connection with, the performance of the Commissioner’s functions, or

(b) to be otherwise conducive to the performance of those functions.

(2) Despite the generality of subsection (1), the Commissioner may pay fees and allowances to a person for advice, assistance or any other service only with the approval of the Parliamentary corporation.

Restriction on exercise of functions

8

(1) The Commissioner may not exercise any function in relation to an individual case.

(2) But subsection (1) does not prevent the Commissioner considering individual cases and drawing conclusions about them for the purpose of, or in the context of, exercising a function.

(3) The Commissioner may not exercise any function in such a way as to adversely affect any protection relating to the independence of decision-making by a criminal justice body.

(4) The Commissioner may exercise the Commissioner’s functions in relation to victims’ and witnesses’ experiences that occurred prior to the coming into force of this section, but only if and to the extent that the experiences are relevant to the exercise of the Commissioner’s general function.

(5) For the purposes of subsection (1), “individual case” includes—

(a) a particular victim or witness,

(b) the bringing or conduct of particular proceedings,

(c) anything done or omitted to be done by a person acting in a judicial capacity or on the instructions of or on behalf of such a person.

Victims’ charter

9

(1) The Commissioner must—

(a) prepare and publish a charter for victims (to be known as “the Victims’ Charter”) before the expiry of the period of 12 months beginning with the day on which this section comes into force,

(b) lay a copy of the charter before the Scottish Parliament,

(c) review the charter at least once during each period of 12 months beginning with the day on which the charter was published and, thereafter, within 12 months of the charter last being reviewed,

(d) revise the charter as the Commissioner considers appropriate following such a review,

(e) as soon as reasonably practicable after revising a charter, publish the charter as revised.

(2) The charter—

(a) must set out—

(i) a description of the criminal justice system,

(ii) the interactions that it is possible for a victim to have with the system,

(iii) the communications which a victim will receive in the course of those interactions,

(iv) the rights of a victim in those interactions,

(v) the mechanisms available to a victim for upholding those rights,

(b) may include such other information as the Commissioner considers appropriate.

(3) The persons invited by the Commissioner to participate in the preparation of the charter—

(a) must include—

(i) victims,

(ii) persons providing victim support services,

(iii) criminal justice bodies,

(b) may include such other persons as the Commissioner considers appropriate.

(4) The Commissioner may prepare more than one charter in order to make different provision for different categories of victim or for victims of different types of offence, and references to the charter are to be construed accordingly.

(5) Paragraphs (b) to (e) of subsection (1) and subsections (2) to (4) apply to a revised charter as they apply to the charter prepared under subsection (1)(a).

(6) For the purpose of subsection (1)(a), it is immaterial that anything done by way of preparation was done before the Bill for this Act was passed or after that but before this section comes into force.

Strategic plan

10

(1) The Commissioner must, in respect of each 3 year period—

(a) prepare and publish a strategic plan, and

(b) lay a copy of the plan before the Scottish Parliament before the beginning of the 3 year period to which it relates.

(2) Before publishing a strategic plan, the Commissioner must consult on a draft of it with—

(a) the Parliamentary corporation, and

(b) such other persons as the Commissioner considers appropriate.

(3) A strategic plan is a plan setting out how the Commissioner proposes to perform the Commissioner’s functions during the period covered by the plan and, in particular, setting out—

(a) what the Commissioner’s objectives and priorities are for that period,

(b) how the Commissioner proposes to achieve them,

(d) what the estimated costs are of doing so.

(4) The Commissioner may, at any time, review and revise a strategic plan.

(5) Where the Commissioner revises a strategic plan—

(a) subsections (1) to (4) apply to the revised strategic plan as they apply to the original strategic plan,

(b) the reference in subsection (1) to the 3 year period is to be read as a reference to the period to which the revised strategic plan relates.

(6) In this section, “3 year period” means—

(a) the period of 3 years beginning with 1 April next following the coming into force of this section, and

(b) each subsequent period of 3 years.

Investigations

Carrying out investigations

11

(1) The Commissioner may carry out an investigation into whether, by what means, and the extent to which a criminal justice body has, or has had, regard to the rights, interests, and views of victims and witnesses in making decisions or taking actions that affect those victims and witnesses.

(2) The Commissioner may carry out an investigation under subsection (1) only if the Commissioner, having considered the available evidence on, and any information received about, the matter, is satisfied on reasonable grounds that the investigation would not duplicate work that is properly the function of another person.

(3) The Commissioner may not carry out an investigation so far as it would relate to—

(a) the making of decisions or taking of action in particular legal proceedings before a court or tribunal, or

(b) a matter which is the subject of legal proceedings before a court or tribunal.

Initiation and conduct of investigation

12

(1) Before taking any steps in the conduct of an investigation, the Commissioner must—

(a) draw up terms of reference for the investigation, and

(b) take such steps as appear to the Commissioner to be appropriate with a view to bringing notice of the investigation and terms of reference to the attention of persons likely to be affected by it.

(2) An investigation is to be conducted in public except to the extent that the Commissioner considers that the taking of evidence in private is necessary or appropriate.

Investigations: witnesses and documents

13

(1) The Commissioner may require any person to—

(a) give evidence on any matter within the terms of reference of an investigation,

(b) produce documents in the custody or control of that person which have a bearing on any such matter.

(2) The Commissioner may not impose a requirement under subsection (1) on any person whom the Parliament could not require, under section 23 of the Scotland Act 1998, to attend its proceedings for the purpose of giving evidence or to produce documents.

(3) A person is not obliged under this section to answer any question or produce any document which that person would be entitled to refuse to answer or produce in proceedings in a court in Scotland.

(4) A representative of the Crown Office and Procurator Fiscal Service is not obliged under this section to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if the Lord Advocate—

(a) considers that answering the question or producing the document might prejudice criminal proceedings in that case or would otherwise be contrary to the public interest, and

(b) has authorised the representative to decline to answer the question or produce the document on that ground.

(5) The Scottish Ministers may, by regulations, make further provision in relation to the giving of evidence or the production of documents under subsection (1).

(6) In subsection (4), a “representative of the Crown Office and Procurator Fiscal Service” means—

(a) Crown Counsel,

(b) a procurator fiscal,

(d) any person duly authorised to represent or act for the persons mentioned in paragraphs (a) to (c).

Reports on investigations

14

(1) The Commissioner must, at the conclusion of an investigation, publish a report of the investigation.

(2) The report may include a requirement for the criminal justice body to respond to the report, within such period as the Commissioner reasonably requires, with a statement in writing addressed to the Commissioner setting out its reasoned response to the report.

(3) A report of an investigation must not be published until the criminal justice body which was the subject of the investigation has, to the extent that it is reasonable and practicable to do so, been given a copy of the draft report and an opportunity to make representations on it.

(4) The Commissioner must lay a copy of the report before the Scottish Parliament as soon as reasonably practicable following its publication.

Information gathering

Power to gather information

15

(1) The Commissioner may require a criminal justice body to supply information which the Commissioner reasonably requires for the purpose of determining whether that body has complied with, or is complying with—

(a) standards of service set and published under section 2 of the 2014 Act,

(b) the Victims’ Code for Scotland prepared and published under section 3B of that Act.

(2) Where a requirement is imposed under subsection (1), the Commissioner must give the criminal justice body a written notice specifying—

(a) the information, or the nature of the information, which is to be supplied,

(b) the form in which it is to be supplied,

(c) in the case of information which is to be supplied by means of a statement in person, the place at which it is to be supplied, and

(d) the particular matters in connection with which the information is required.

(3) A criminal justice body may refuse to supply information which that body would be entitled to refuse to provide in any proceedings in a court in Scotland.

(4) The Lord Advocate may refuse to supply information which concerns the operation of the system of criminal prosecution in any particular case if the Lord Advocate considers that providing the information—

(a) might prejudice criminal proceedings in that case,

(b) would otherwise be contrary to the public interest.

(5) The Commissioner may revoke any requirement imposed under subsection (1) by giving written notice to the criminal justice body to whom notice of the requirement was given.

(6) Where a criminal justice body refuses, under subsection (3), to supply information, the Commissioner may report the matter to the Court of Session for determination if the Commissioner considers that the criminal justice body was not entitled to so refuse.

(7) In this section, “information” includes unrecorded information.

Failure to supply required information

16

(1) The Commissioner may take the action mentioned in subsection (3) or (4) (or both actions) where—

(a) a requirement to supply information has been imposed on a criminal justice body under section 15(1), and

(b) the criminal justice body refuses (other than by virtue of section 15(3) or (4)), or fails without reasonable excuse, to supply the information in accordance with the terms of the notice issued under section 15(2).

(2) The Commissioner may take the action mentioned in subsection (4) where—

(a) a requirement to supply information has been imposed on a criminal justice body under section 15(1), and

(b) the Commissioner suspects the person has deliberately altered the information.

(3) The Commissioner may publicise the criminal justice body’s refusal, or failure, to supply the information.

(4) The Commissioner may report the matter to the Court of Session.

(5) After receiving a report under subsection (4), and hearing any evidence or representations on the matter, the Court may (either or both)—

(a) make any order for enforcement that it considers appropriate,

(b) deal with the matter as if it were a contempt of court.

Offence of Commissioner disclosing confidential information

17

(1) A person mentioned in subsection (2) commits an offence if—

(a) the person knowingly discloses any information which—

(i) has been obtained by or on behalf of the Commissioner for the purposes of exercising the Commissioner’s functions, and

(ii) at the time of disclosure is not, and has not previously been, in the public domain, and

(b) the disclosure is not authorised by subsection (3).

(2) The persons referred to in subsection (1) are persons who are or have been—

(a) the Commissioner,

(b) a member of the Commissioner’s staff,

(3) For the purposes of subsection (1)(b), disclosure is authorised only so far as it is—

(a) made with the consent of the person from whom the information was obtained,

(b) subject to subsection (4), necessary for the purpose of enabling or assisting the exercise of the Commissioner’s functions under this Act, or

(c) made for the purposes of legal proceedings, whether criminal or civil (including information disclosed for the purposes of the investigation of any offence or suspected offence).

(4) Subsection (3)(b) does not authorise the disclosure of information which leads, or is likely to lead, to the identification of—

(a) victims,

(b) witnesses,

(5) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, or

(b) on conviction on indictment, to a fine.

Annual report

Annual Report

18

(1) The Commissioner must, in respect of each financial year—

(a) prepare and publish a report on the Commissioner’s functions, and

(b) lay a copy of the report before the Scottish Parliament as soon as practicable after the end of that year.

(2) The Commissioner must give a copy of the draft report to—

(a) each criminal justice body, and

(b) any person providing victim support services who is named in the report,

not less than 5 days before publishing the report under subsection (1)(a).

(3) The report must include—

(a) a review of issues identified by the Commissioner in the financial year as being relevant to victims and witnesses,

(b) a review of the Commissioner’s activity in that year, including the steps taken to fulfil each of the Commissioner’s functions,

(d) a summary of any review and revision of the Victims’ Charter under subsection (1) of section 9 that has completed in the financial year,

(e) an overview of the activity the Commissioner intends to undertake in the financial year following the year to which the report relates.

(4) Recommendations under subsection (3)(c) may include recommendations in relation to—

(a) the provision of training to the members and employees of a criminal justice body,

(b) a person’s standards of service set and published under section 2 of the 2014 Act,

(d) trauma-informed practice,

(e) the provision of information to victims and witnesses,

(f) any other matter relating to the Commissioner’s functions.

(5) The Commissioner must—

(a) comply with any direction given to the Commissioner by the Parliamentary corporation in relation to the form and content of the report,

(b) ensure that a report does not include any information that would or might disclose the identity of an individual.

(6) The first report under this section is to relate to the period beginning on the day that this section comes into force and ending—

(a) if the financial year ends not less than 6 months after the day that this section comes into force, on the last day of that financial year, or

(b) otherwise, on the last day of the next financial year.

Requirement to respond to annual report

19

(1) Where a report under section 18 names—

(a) a criminal justice body,

(b) a person providing victim support services,

the Commissioner may, in the report, impose on the person a requirement to respond to the report.

(2) Where a requirement to respond is imposed under subsection (1), the person must provide a written statement within such reasonable period as the Commissioner specifies.

(3) The statement must set out the person’s reasoned response to the part of the report which relates to their activities.

Publication of responses to annual report

20

(1) The Commissioner must—

(a) publish any statement provided in response to a requirement to respond imposed under section 19, and

(b) lay a copy of it before the Scottish Parliament.

(2) Subsection (1) does not apply if, or to the extent that, the Commissioner considers publication and laying to be inappropriate.

(3) In particular, the Commissioner must ensure that, so far as reasonably practicable, the version of the statement which is published and laid under subsection (1) does not include any information which would not, under section 18(5), be included in a report.

(4) The Commissioner may, in such manner as the Commissioner considers appropriate, publicise a failure to comply with a requirement to respond.

Miscellaneous

Reports

21

(1) The Commissioner may publish any report, in addition to reports under sections 14 and 18, prepared by the Commissioner if the Commissioner considers it appropriate to do so.

(2) The Commissioner—

(a) must give a copy of a draft report to each criminal justice body not less than 5 days before publishing the report under subsection (1),

(b) may lay any report published under subsection (1) before the Scottish Parliament, if the Commissioner considers it appropriate to do so.

(3) The Commissioner must ensure that, so far as reasonably practicable having regard to the subject matter, a report does not name or otherwise identify an individual who has—

(a) given information to the Commissioner, and

(b) not consented to being named in the report.

Protection from actions of defamation

22

(1) For the purposes of the law of defamation—

(a) any statement made to the Commissioner has absolute privilege,

(b) any statement in the Commissioner’s report on an investigation has absolute privilege,

(2) In this section—

(a) a reference to a statement being made to or by the Commissioner—

(i) includes a statement being made to or by (as the case may be) a member of the Commissioner’s staff or an agent of the Commissioner,

(ii) does not include a statement made to or by (as the case may be) an individual when the individual is not acting in the individual’s capacity as the Commissioner, a member of the Commissioner’s staff or an agent of the Commissioner,

(b) “statement” has the same meaning as in the Defamation and Malicious Publication (Scotland) Act 2021.

Co-operation with Commissioner

23

(1) The Commissioner may request that a specified criminal justice body co-operate with the Commissioner in any way that the Commissioner considers necessary for the purposes of the Commissioner’s functions.

(2) A criminal justice body which receives a request under subsection (1) must respond to that request confirming—

(a) that it will comply with the request so far as reasonably practicable, or

(b) that it will not comply with the request and the reason for that non-compliance.

Application of public authorities legislation

24

Schedule 2 amends other Acts so that their provisions apply to the office of Victims and Witnesses Commissioner for Scotland.

Interpretation of Part

25

(1) In this Part (including schedule 1)—

“Commissioner” means the Victims and Witnesses Commissioner for Scotland,

“criminal justice body” means—the Lord Advocate,the Scottish Ministers,the chief constable of the Police Service of Scotland,the Scottish Courts and Tribunals Service,the Parole Board for Scotland,

“harmful behaviour by a child” means action or behaviour by a child aged under 12 which falls within section 179A(2) of the Children’s Hearings (Scotland) Act 2011,

“offence”—includes—any offence, regardless of whether it is committed, or suspected to have been committed, before or after this section comes into force,conduct which would constitute an offence, whether or not a person has been charged with or convicted of an offence in relation to that conduct,does not include conduct by a child in respect of which the child has been referred to a children’s hearing,

“Parliamentary corporation” means the Scottish Parliamentary Corporate Body,

“prescribed relative” means a relative prescribed by the Scottish Ministers by an order made under section 2(6) or 6(2)(b) of the 2014 Act,

“victim” means a person to whom one or more of the following applies—an offence, or harmful behaviour by a child, has been, or is suspected to have been, committed or carried out against or in respect of the person,the person has suffered harm as a direct result of having seen, heard, or otherwise directly experienced the effects of an offence, or harmful behaviour by a child, at the time the offence or harmful behaviour occurred,the person is entitled to receive information under section 16 or 16A of the Criminal Justice (Scotland) Act 2003,the person is a prescribed relative of—a person against or in respect of whom an offence, or harmful behaviour by a child, has been, or is suspected to have been, committed or carried out,a person who has died as a direct result of an offence, or harmful behaviour by a child,

“victim support services” has the meaning given by section 3D(5) of the 2014 Act,

“witness” means a person who is or appears to be a witness in respect of an offence, or harmful behaviour by a child.

(2) The Scottish Ministers may, by regulations—

(a) modify the list in the definition of “criminal justice body” in subsection (1) to add, vary or remove entries,

(b) modify the definition in subsection (1) of—

(i) victim,

(ii) witness,

(c) make any other modification to subsection (1) which the Scottish Ministers consider necessary or expedient in consequence of modifications made by virtue of paragraph (b).

Part 2 — Trauma-informed practice

Principle of trauma-informed practice

26

(1) The 2014 Act is amended as follows.

(2) In section 1 (general principles)—

(a) in subsection (3), after paragraph (c) insert—

(ca) that, during and after the investigation and proceedings, a victim or witness should be treated in a way that accords with trauma-informed practice,

(b) after subsection (3) insert—

(3A) For the purposes of this section, “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.

(3) In section 2 (standards of service)—

(a) in subsection (1), after paragraph (a) insert—

(aa) the carrying out of those functions in relation to such a person in a way that accords with trauma-informed practice,

(b) after subsection (4) insert—

(4A) Each person mentioned in subsection (2) must set and publish revised standards within the period of 18 months beginning on the day on which section 26 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 comes into force. (4B) Subsections (1) to (4) apply to the revised standards as they apply to the original standards.

“trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025,

Conduct of proceedings in accordance with trauma-informed practice

Criminal courts: conduct of proceedings

27

(1) The Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) is amended as follows.

(2) In section 305 (Acts of Adjournal), after subsection (1A) insert—

(1B) Subsection (1) also extends to making provision by Act of Adjournal for the purpose of ensuring that criminal proceedings are conducted in a way that accords with trauma-informed practice.

(3) In section 307 (interpretation), after the definition of “training school order” insert—

“trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.

Civil courts: conduct of proceedings

28

(1) The Courts Reform (Scotland) Act 2014 is amended as follows.

(2) In section 103 (power to regulate procedure etc. in the Court of Session), in subsection (2), after paragraph (c) insert—

(ca) ensuring that such proceedings are conducted in a way that accords with trauma-informed practice,

(3) In section 104 (power to regulate procedure etc. in the sheriff court and the Sheriff Appeal Court), in subsection (2), after paragraph (c) insert—

(ca) ensuring that such proceedings are conducted in a way that accords with trauma-informed practice,

(4) In section 136 (interpretation), after the definition of “solicitor” insert—

“trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.

Fatal accident inquiries: conduct of proceedings

29

(1) The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is amended as follows.

(2) In section 36 (power to regulate procedure etc.)—

(a) in subsection (2), after paragraph (b) insert—

(ba) ensuring inquiry proceedings are conducted in a way that accords with trauma-informed practice,

(b) after subsection (5) insert—

(5A) For the purposes of this section, “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.

Duty to have regard to principle of trauma-informed practice

Scheduling of business in Scottish courts

30

(1) The Judiciary and Courts (Scotland) Act 2008 is amended as follows.

(2) In section 2 (head of the Scottish Judiciary)—

(a) after subsection (2) insert—

(2ZA) In carrying out the responsibility mentioned in subsection (2)(a), the Lord President must have regard to the desirability of doing so in a way that accords with trauma-informed practice.

(b) after subsection (6) insert—

(6A) For the purposes of this section, “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.

Scheduling of business in sheriff courts and the Sheriff Appeal Court

31

(1) The Courts Reform (Scotland) Act 2014 is amended as follows.

(2) In section 27 (sheriff principal’s responsibility for efficient disposal of business in sheriff courts), after subsection (3) insert—

(3A) In carrying out the responsibility imposed by subsection (1), the sheriff principal must have regard to the desirability of doing so in a way that accords with trauma-informed practice.

(3) In section 29 (Lord President’s power to exercise functions under sections 27 and 28), in subsection (1), after paragraph (a) insert—

(aa) is prejudicial to the carrying out of the responsibility imposed by section 27(1) in a way that accords with trauma-informed practice,

(4) In section 56 (President’s responsibility for efficient disposal of business), after subsection (3) insert—

(3A) In carrying out the responsibility imposed by subsection (1), the President must have regard to the desirability of doing so in a way that accords with trauma-informed practice.

Scheduling of business in justice of the peace courts

32

(1) The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended as follows.

(2) In section 61 (efficient disposal of business in justice of the peace courts)—

(a) after subsection (1) insert—

(1A) In carrying out the responsibility imposed by subsection (1), the sheriff principal must have regard to the desirability of doing so in a way that accords with trauma-informed practice.

(b) after subsection (4) insert—

(5) For the purposes of this section, “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.

Part 3 — Victims’ rights to receive information and to give views

Victim’s right to information about plea agreements, etc.

33

(1) The 2014 Act is amended as follows.

(2) After section 6 insert—

(6A) (1) This section applies where, in solemn proceedings, a person mentioned in subsection (2) (a “victim”) has indicated to the prosecutor that they wish to be informed where one or more of the following events has, as a result of agreement between the prosecutor and the accused, occurred— (a) a relevant charge libelled in the indictment has been amended and the prosecutor has accepted a guilty plea to that charge, (b) the prosecutor has accepted a plea of not guilty to a relevant charge. (2) The person is— (a) a natural person against whom an offence libelled in the indictment is alleged to have been committed, or (b) in a case where the death of a person mentioned in paragraph (a) was (or appears to have been) caused by the offence or alleged offence, a prescribed relative of the person. (3) The prosecutor must inform the victim of the event mentioned in paragraph (a) or (b) of subsection (1)— (a) as soon as reasonably practicable after the event has occurred, or (b) where the prosecutor considers it is in the interests of justice, as soon as reasonably practicable after the proceedings have been substantively concluded. (4) In this section— - “prescribed relative” means a person prescribed by the Scottish Ministers for the purposes of section 6(2)(b), - “prosecutor” means the Lord Advocate, Crown Counsel or the procurator fiscal (and any person duly authorised to represent or act for them), - “relevant charge” means a charge relating to an offence alleged to have been committed against the person mentioned in subsection (2)(a), - “substantively concluded”, in relation to criminal proceedings, means whichever is the earlier of—the accused being convicted or, as the case may be, acquitted in relation to all charges, or all charges remaining, in the indictment, orthe proceedings otherwise being finally disposed of. (5) The Scottish Ministers may by regulations modify this section to provide for its application in summary proceedings. (6) Regulations under subsection (5)— (a) may include incidental, supplementary, consequential, transitional, transitory or saving provision, (b) may make different provision for different purposes, (c) are subject to the affirmative procedure.

Victims’ right to be informed of decision not to prosecute or to discontinue proceedings

34

(1) The 2014 Act is amended as follows.

(2) Before section 4 (rules: review of decision not to prosecute) insert—

(3K) (1) Where a prosecutor decides— (a) not to prosecute a person for an offence or alleged offence, or (b) to discontinue criminal proceedings against a person for an offence or alleged offence, the prosecutor must, as soon as reasonably practicable, inform any person who is, or appears to be, a victim in relation to that offence or alleged offence of the prosecutor’s decision. (2) In this section, “prosecutor” means the Lord Advocate, Crown Counsel or the procurator fiscal (and any person duly authorised to represent or act for them).

(3) The italic cross heading immediately preceding section 4 becomes“Decisions not to prosecute or to discontinue proceedings”.

Single victim notification system

35

(1) The Criminal Justice (Scotland) Act 2003 is amended by subsections (2) to (4).

(2) In section 16 (victim’s right to receive information concerning release etc. of offender)—

(a) in subsection (1)—

(i) in the opening words, the words “Subject to subsection (2),” are repealed,

(ii) in paragraph (a), the words “for a period of 18 months or more” are repealed,

(iii) paragraph (b) is repealed,

(b) subsection (4)(a) is repealed.

(3) In section 17 (release on licence: right of victim to receive information and make representations), subsection (12)(b), and the word “or” immediately preceding it, are repealed.

(4) In section 17ZA (release on licence: provision of information to person supporting victim), subsection (5)(b) is repealed.

(5) The 2014 Act is amended by subsections (6) to (9).

(6) Section 27A (notification of victims in relation to release etc. of short term prisoners) is repealed.

(7) Section 27B (provision of information to person supporting victim) is repealed.

(8) In section 29A (exercise of functions where victim is a child), in subsection (1), in the opening words, for “, 8A or 27A” substitute “or 8A”.

(9) In section 29B (application of Act where victim’s death caused by offence), in subsection (3), in the opening words, for “, 3G or 27A” substitute “or 3G”.

Right of eligible persons to receive information in event of death or incapacity of victim

36

Part 1 of schedule 3 modifies the Criminal Justice (Scotland) Act 2003 to make provision for the designation of a person to receive information under Part 2 of that Act, in the event that the natural person against whom an offence has been committed has died or is incapable.

Victim notification and right to make representations where offender is a child

37

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 16 (victim’s right to receive information concerning release etc. of offender)—

(a) in subsection (1), paragraph (c) and the “or” immediately preceding it are repealed,

(b) subsection (2) is repealed,

(d) after subsection (3)(d) insert—

(da) that the local authority intends to review for the first time the case of the convicted person under section 44(6)(b) of the 1995 Act,

(e) in subsection (3)(e)—

(i) after “prison,” insert “a”,

(ii) for “or hospital” substitute “, secure accommodation or a hospital”,

(f) in subsection (3)(f)(ii)—

(i) after “prison,” insert “a”,

(ii) for “or hospital” substitute “, secure accommodation or a hospital”.

(3) In section 16ZA (provision of information to person supporting victim), subsection (4) is repealed.

(4) In section 16A(1) (victim’s right to receive information concerning offender subject to compulsion order)—

(a) in paragraph (b) (as amended by section 45(2)(a)), at the end, insert “and”,

(b) paragraph (d), and the word “and” immediately preceding it, are repealed.

(5) In section 16D (provision of information concerning offender subject to compulsion order to person supporting victim), subsection (5) is repealed.

(6) In section 17 (release on licence: right of victim to receive information and make representations)—

(a) in subsection (1)—

(i) in the opening words, the words “, (3)” are repealed,

(ii) in paragraph (b), after “imprisonment” insert “or detention without limit of time”,

(b) subsection (3) is repealed.

(7) In section 17ZA, subsection (4) is repealed.

(8) After section 17A, insert—

(17AA) (1) This section applies where a person (“P”) is entitled to receive information under section 16, or a supporter or nominee is entitled to receive information under section 16ZA, as respects a child who has been detained and— (a) that child is due to be released by virtue of section 44(6)(a) of the 1995 Act, or (b) the local authority— (i) intends to review the case of that child under section 44(6)(b) of the 1995 Act, and (ii) considers that such review might result in the release of the child in accordance with sub-paragraph (ii) of that paragraph. (2) Where the child is due to be released by virtue of section 44(6)(a) of the 1995 Act, P must be afforded the opportunity to make written representations as to the supervision requirements or conditions which might be specified in relation to such release. (3) Where the local authority intends to review the case of the child under section 44(6)(b) of the 1995 Act, and considers that the review might result in release of the child in accordance with sub-paragraph (ii) of that paragraph, P must be afforded the opportunity to make written representations as to— (a) the potential release of the child, (b) supervision requirements or conditions which might be specified in relation to such release. (4) Subsections (2) and (3) apply only if P has notified the Scottish Ministers that P wishes to be given the opportunity to make representations under the relevant subsection. (5) The Scottish Ministers must— (a) fix a time within which any written representations under subsection (2) or (3) require to be made to them in order to be considered by them or the local authority, and (b) notify P and any supporter or nominee entitled to receive information under section 16ZA of the time fixed.

(9) In section 18A (interpretation of Part), in subsection (1), after the definition of “restricted transfer” (as inserted by section 40) insert—

“secure accommodation” has the meaning given by section 202(1) of the Children’s Hearings (Scotland) Act 2011,

Provision of information where victim is a child

38

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 16 (victim’s right to receive information concerning release etc. of offender)—

(a) after subsection (4) insert—

(4A) If the victim is a child, then subsection (1) applies as if references in it to the victim were references to the victim and to a person who cares for the victim. (4B) Where an intimation is made under subsection (1) by a victim who is a child or, by virtue of subsection (4A), by a person who cares for the victim, the Scottish Ministers must determine whether the information should be provided to— (a) the victim, (b) the victim and the person who cares for the victim, (c) the person who cares for the victim, or (d) another person over the age of 18 years with a relationship to the victim, but only if the Scottish Ministers are satisfied that the person consents to being given the information. (4C) When making a determination under subsection (4B), the Scottish Ministers must have regard to— (a) the victim’s age and maturity, (b) any views expressed by the victim, and (c) the best interests of the victim. (4D) When making a determination under subsection (4B), the Scottish Ministers must also have regard to the code of practice issued under section 18ZA. (4E) The Scottish Ministers may— (a) review a determination made under subsection (4B)— (i) of their own accord, or (ii) at the request of the victim or the other person (if any) to whom the determination relates, (b) following a review, make a new determination under subsection (4B). (4F) Where a determination has been made under subsection (4B)— (a) before the victim attains the age of 18 years, the Scottish Ministers must contact the victim to establish how the victim wishes to receive information under this section after they attain the age of 18 years, (b) after the victim attains the age of 18 years, the most recent determination made under subsection (4B) in relation to the victim continues to have effect until a new intimation under subsection (1) is made.

(b) for subsection (8) substitute—

(8) In this section, the expression “cares for” is 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.

(3) In section 16B (person entitled to ask to be given information under section 16A)—

(a) in subsection (1), after paragraph (c) insert—

(d) if V is a child, the person who cares for V.

(b) subsection (2) is repealed,

(2A) Where V is a child and V or the person who cares for V has asked to be given information under section 16A, the Scottish Ministers must determine whether the information should be provided to— (a) V, (b) V and the person who cares for V, (c) the person who cares for V, or (d) another person over the age of 18 years with a relationship to V, but only if the Scottish Ministers are satisfied that the person consents to being given the information. (2B) When making a determination under subsection (2A), the Scottish Ministers must have regard to— (a) V’s age and maturity, (b) any views expressed by V, and (c) the best interests of V. (2C) When making a determination under subsection (2A), the Scottish Ministers must also have regard to the code of practice issued under section 18ZA. (2D) The Scottish Ministers may— (a) review a determination made under subsection (2A)— (i) of their own accord, or (ii) at the request of V or the other person (if any) to whom the determination relates, (b) following a review, make a new determination under subsection (2A). (2E) Where a determination has been made under subsection (2A)— (a) before V attains the age of 18 years, the Scottish Ministers must contact V to establish how V wishes to receive information under section 16A after they attain the age of 18 years, (b) after V attains the age of 18 years, the most recent determination made under subsection (2A) in relation to V continues to have effect until a new intimation under section 16A(1) is made.

(4) In section 17 (release on licence: right of victim to receive information and make representations)—

(a) in subsection (1), for “(the “victim”)” substitute “(“P”)”,

(b) in subsection (2), for “the victim” substitute “P”,

(d) in subsection (6),

(i) in paragraph (a), for “the victim” substitute “P”,

(ii) in paragraph (b), for “the victim” substitute “P”,

(iii) in paragraph (c)—

(A) in both places it occurs, for “the victim” substitute “P”,

(B) for “the victim’s” substitute “P’s”,

(iv) in the closing words, for “the victim” substitute “P”,

(e) in subsection (8), for “the victim” substitute “P”,

(f) in subsection (9), for “the victim” substitute “P”,

(g) in subsection (10), for “the victim” substitute “P”,

(h) in subsection (11), for “the victim” substitute “P”.

(5) In section 17A (temporary release: victim's right to make representations about conditions), in subsection (1)(a), after “(1)” insert “, (4B)”.

Notification of individual other than supporter to receive information

39

Part 2 of schedule 3 modifies the Criminal Justice (Scotland) Act 2003 to make provision for the nomination of a person other than a supporter to receive information, as well as or instead of the natural person against whom an offence has been committed, under Part 2 of that Act.

Transfers of convicted persons

40

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 16 (victim’s right to receive information concerning release etc. of offender)—

(a) after subsection (1), insert—

(1A) Where a person was convicted and sentenced to imprisonment or detention in respect of an offence in any part of the United Kingdom outwith Scotland, or any of the Channel Islands or the Isle of Man, and has been transferred to Scotland— (a) by unrestricted transfer, subsection (1) applies as though the person was convicted and sentenced in Scotland, (b) by restricted transfer, subsection (1) does not apply.

(b) in subsection (3)—

(i) in paragraph (c), after “Scotland” insert “and, unless the Scottish Ministers have cause to believe that it would not be in the interests of justice to provide such information, the jurisdiction to which the convicted person is subject as a result”,

(ii) after paragraph (c), insert—

(ca) where the convicted person was previously transferred to a place outwith Scotland, that the convicted person has been returned to Scotland to serve the remainder, or any part of the remainder, of the sentence imposed in respect of the offence referred to in subsection (1),

(3) After section 16ZA (provision of information to person supporting victim), insert—

(16ZB) (1) Subsection (2) applies where a person (“the convicted person”) is transferred to any part of the United Kingdom outwith Scotland, or to any of the Channel Islands or the Isle of Man, by unrestricted transfer. (2) Section 16(1) ceases to apply in relation to the convicted person on the day on which the Scottish Ministers notify, in accordance with section 16(3)(c), a person who would otherwise be entitled to receive information about the convicted person under section 16 (“P”) that the person has been so transferred. (3) Where a transfer described in subsection (1) takes place, the Scottish Ministers must, when notifying P of the information set out in section 16(3)(c), also notify P— (a) that, by virtue of the transfer, no further information will fall to be given under section 16 unless the convicted person is returned to custody in Scotland to serve the remainder, or any part of the remainder, of the sentence to which P’s rights relate (“the relevant sentence”), (b) that P may be entitled to receive information about the convicted person from the jurisdiction to which the convicted person is subject as a result of the transfer (“the receiving jurisdiction”), and (c) of such other information as is reasonably available to the Scottish Ministers as to the availability of information for victims of crime in the receiving jurisdiction. (4) Where a transfer described in subsection (1) has taken place and the convicted person is subsequently returned to Scotland to serve the remainder, or any part of the remainder, of the relevant sentence, section 16(1) applies with effect from the day on which the return takes place. (5) Where a person (“the applicant”) intimates under section 16(1) that they wish to receive information, and the convicted person to whom that information relates has been transferred as described in subsection (1), the Scottish Ministers must inform the applicant— (a) that the convicted person has been so transferred, and the jurisdiction to which the convicted person is subject as a result, (b) that the applicant does not have the right to receive information under section 16 during such time as the convicted person is not in custody in Scotland, (c) that if the convicted person is returned to Scotland— (i) the applicant will be notified under section 16(3)(ca), and (ii) beginning with the date on which the transfer takes place, section 16(1) will apply as though the convicted person had not been transferred out of Scotland, (d) that the applicant may be entitled to receive information about the convicted person from the receiving jurisdiction, (e) of such other information as is reasonably available to the Scottish Ministers as to the availability of information for victims of crime in the receiving jurisdiction. (16ZC) (1) Where a person (“the convicted person”) is transferred to any part of the United Kingdom outwith Scotland, or to any of the Channel Islands or the Isle of Man, by restricted transfer— (a) section 16 applies in relation to the convicted person in accordance with subsection (2), (b) the Scottish Ministers must, when notifying a person who would otherwise be entitled to receive information about the convicted person under section 16 (“P”) of the information set out in section 16(3)(c), also notify P— (i) that subject to subsection (2), P will continue to be eligible to receive information under section 16, (ii) that P may be entitled to receive information about the convicted person from the jurisdiction to which the convicted person is subject as a result of the transfer (“the receiving jurisdiction”), and (iii) of such other information as is reasonably available to the Scottish Ministers as to the availability of information for victims of crime in the receiving jurisdiction. (2) Section 16(1) has effect as if— (a) the convicted person had not been transferred outwith Scotland, (b) after “so,” there were inserted “use reasonable endeavours to”, (c) after “subsection (3)”, there were inserted “or information about an event which the Scottish Ministers consider is equivalent in effect to an event listed in section 16(3)”. (3) Where a transfer described in subsection (1) has taken place and subsequently ceases to be a restricted transfer by reason of the removal of a condition as is mentioned in paragraph 6(1)(a) of schedule 1 to the Crime (Sentences) Act 1997— (a) section 16(1) ceases to apply in relation to the convicted person with effect from the date on which the variation of conditions takes place, (b) the Scottish Ministers must notify any person who would otherwise be entitled to receive information under section 16— (i) that the condition has been removed and the transfer is now an unrestricted transfer, (ii) of the information set out in section 16ZB(3), (c) sections 16ZB(4) and (5) apply in relation to the convicted person. (16ZD) (1) Where a person who has been convicted of an offence and sentenced to imprisonment or detention in respect of that offence, in a jurisdiction outwith the United Kingdom or any of the Channel Islands or the Isle of Man, is transferred to Scotland— (a) the Scottish Ministers may— (i) give to the jurisdiction from which the person is transferred (“the transferring jurisdiction”) information about the rights of persons to receive information under this Part, (ii) request that the transferring jurisdiction give that information to any person who would qualify to receive information under section 16 if the convicted person had been convicted and sentenced in Scotland, and (iii) request from the transferring jurisdiction the details of any person who would so qualify and, if received, use reasonable endeavours to notify that person of their right to receive information under this Part, (b) section 16 applies in relation to the convicted person in accordance with subsection (2). (2) Section 16(1) has effect as if— (a) the convicted person had been convicted and sentenced in Scotland, (b) after “so” there were inserted “use reasonable endeavours to”.

(4) In section 18A(1) (interpretation of Part)—

(a) after the definition of “Mental Health Tribunal” insert—

“restricted transfer” means a transfer under paragraph 1(1)(b), (2)(b), or (2A)(b), 2(1)(b) or (2)(b), or 3(1)(b) or (2)(b) of schedule 1 of the Crime (Sentences) Act 1997 (“the 1997 Act”) which is a restricted transfer within the meaning of paragraph 6(1)(a) of the schedule of the 1997 Act,

(b) after the definition of “transfer for treatment direction” insert—

“unrestricted transfer” means a transfer under paragraph 1(1)(b), (2)(b) or (2A)(b), 2(1)(b) or (2)(b), or 3(1)(b) or (2)(b) of schedule 1 of the Crime (Sentences) Act 1997 (“the 1997 Act”) which is an unrestricted transfer within the meaning of paragraph 6(1)(b) of the schedule of the 1997 Act.

Additional information to be provided to victims

41

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 16 (victim’s right to receive information concerning release etc. of offender), after subsection (3), insert—

(3A) The Scottish Ministers may, when providing information to a person under subsection (1), provide such ancillary information as the Scottish Ministers consider appropriate.

(3) In section 16A (victim’s right to receive information concerning offender subject to compulsion order), after subsection (2), insert—

(2A) The Scottish Ministers may, when providing information to a person under subsection (2), provide such ancillary information as the Scottish Ministers consider appropriate.

(4) In section 17 (release on licence: right of victim to receive information and make representations), after subsection (2), insert—

(2A) Where P is to be afforded an opportunity to make representations under subsection (1), the Scottish Ministers may provide to P such information as the Scottish Ministers consider appropriate in relation to the consideration of the release on licence of the convicted person.

(5) In section 17A (temporary release: victim’s right to make representations about conditions), after subsection (3), insert—

(3A) Where P is to be afforded an opportunity to make representations under subsection (2), the Scottish Ministers may provide to P such information as the Scottish Ministers consider appropriate in relation to the consideration of the temporary release of the convicted person.

(6) In section 17B (mentally-disordered offender: victim’s right to make representations), after subsection (3), insert—

(3A) Where V is to be afforded an opportunity to make representations under subsection (1), the Scottish Ministers may provide to V such information as the Scottish Ministers consider appropriate in relation to the decision in question.

(7) In section 17D (right to information after section 17B decision), after subsection (6) (as inserted by section 47(2)(c)), insert—

(7) The Scottish Ministers may, when providing information to a person under subsection (2), (4) or (6), provide such ancillary information as the Scottish Ministers consider appropriate.

Powers to modify information to be given and right to make representations

42

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 16 (victim’s right to receive information concerning release etc. of offender), in subsection (4)(b)—

(a) for “amend” substitute “modify”,

(b) after “adding” insert “, amending or repealing”.

(3) In section 17A (temporary release: victim’s right to make representations about conditions), after subsection (4), insert—

(5) The Scottish Ministers may, by regulations, modify this section to— (a) prescribe occasions, in addition to or instead of the first occasion on which the convicted person is entitled to be considered for temporary release, on which P is to be afforded the opportunity to make written representations under subsection (2), (b) provide that P is to be afforded the opportunity to make written representations under subsection (2) where the convicted person is a child and the local authority— (i) intends to review the case under section 44(6)(b) of the 1995 Act and considers that such review might result in the release of the child in accordance with sub-paragraph (i) of that paragraph, (ii) has carried out such a review and intends to release the child in accordance with section 44(6)(b)(i), where P was not afforded the opportunity to make representations by virtue of sub-paragraph (i), (c) prescribe matters in relation to the temporary release of the convicted person, in addition to conditions, about which P is to be afforded the opportunity to make written representations under subsection (2). (6) Regulations under subsection (5)— (a) may prescribe the meaning of “temporary release” for the purposes of this section, (b) may prescribe occasions by reference to— (i) a specific numerical instance of eligibility for consideration for temporary release, (ii) the form, purpose or circumstances of the proposed temporary release, (iii) such other matters as the Scottish Ministers consider appropriate, (c) may provide that subsection (2) does not apply in relation to consideration for— (i) temporary release in such form or circumstances, or for such purpose, as the Scottish Ministers consider appropriate, whether or not arising on the first occasion on which the convicted person is eligible to be considered for temporary release, (ii) a subsequent grant of temporary release where the form, purpose and circumstances of the proposed release are substantially the same as in relation to the previous grant, (d) may specify circumstances in which, subject to such conditions as may be specified in the regulations— (i) the Scottish Ministers, (ii) the governor of the prison within which the convicted person is detained, or (iii) as the case may be, the local authority, may choose not to allow representations to be made under subsection (2), (e) may make provision that, in specified circumstances (and provided P has notified the Scottish Ministers that P wishes to be afforded an opportunity to make representations under subsection (2), but whether or not such representations have been made) the Scottish Ministers must inform P— (i) as to whether the person released is to comply with conditions, (ii) if any such conditions relate to contact with the victim of the offence in relation to which P is entitled to receive information, or members of the victim’s family. (7) In this section, “governor” means— (a) an officer of the prison entitled, by virtue of rules made under section 39 of the Prisons (Scotland) Act 1989 (“prison rules”), to make decisions about the temporary release of a prisoner, (b) in the case of a contracted out prison a person, appointed for the prison under section 107(1) of the Criminal Justice and Public Order Act 1994, entitled to make decisions about the temporary release of a prisoner by virtue of the application of prison rules to contracted out prisons.

(4) In section 17B, after subsection (6), insert—

(7) The Scottish Ministers may, by regulations, amend this section to— (a) prescribe occasions, in addition to the first occasion, before which a decision of a type described in subsection (4) or (5)(a) is taken in relation to O in respect of which V must be afforded an opportunity to make representations under subsection (1), (b) specify circumstances in which, subject to such conditions as may be specified in the regulations, the Scottish Ministers may choose not to allow representations to be made under subsection (2).

(5) In section 18B (power to modify part) in subsection (1)(b), after “adding” insert “, amending or repealing”.

(6) In section 88(2)(a), after “16B(7)” (as inserted by paragraph 1(5)(a) of schedule 3) insert “, 17A(5), 17B(7)”.

43

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) After section 17DA insert—

(17DB) (1) The Lord Advocate may co-operate with the Scottish Ministers in relation to the exercise of the Scottish Ministers’ functions under sections 16 to 17DA. (2) The Scottish Ministers may by regulations impose on any person not mentioned in subsection (1), or any type of person, a duty to co-operate with the Scottish Ministers in relation to the exercise of the Scottish Ministers’ functions under sections 16 to 17DA. (3) The Scottish Ministers may co-operate with a person to whom subsection (4) applies for the purpose of— (a) the exercise of the Scottish Ministers’ functions under sections 16 to 17DA, (b) the exercise by the person of equivalent functions in the place in which the person operates. (4) This subsection applies to a person who, in a place other than Scotland— (a) has functions equivalent to any of the Scottish Ministers’ functions under sections 16 to 17DA, (b) has responsibility for information relevant to the Scottish Ministers’ functions under sections 16 to 17DA. (5) For the purposes of this section, co-operation includes in particular the provision of such information as the Scottish Ministers reasonably require for the purpose of exercising those functions. (6) In section 88(2)— (a) in the opening words, after “order” insert “or regulations”, (b) in paragraph (a), after “17B(7)” (as inserted by section 42(6)) insert “, 17DB(2)”.

Standards of service

44

(1) The 2014 Act is amended as follows.

(2) In section 2 (standards of service), in subsection (3)(b)—

(a) the words from “prisons” to the end become sub-paragraph (i),

(b) after sub-paragraph (i), insert—

(ii) persons who are subject both to a compulsion order under either section 57(2)(a) or 57A(2) of the 1995 Act and to a restriction order under section 59 of that Act, (iii) persons who are subject to a hospital direction under section 59A of the 1995 Act, (iv) persons in respect of whom a transfer for treatment direction under section 136(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 has been made,

Victim’s right to receive information concerning offender subject to compulsion order by virtue of cross-border transfer

45

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 16A (victim’s right to receive information concerning offender subject to compulsion order)—

(a) in subsection (1)(b)—

(i) the words from “has” to the end become sub-paragraph (i),

(ii) after sub-paragraph (i) insert

or (ii) is a person to whom subsection (1A) or (1B) applies,

(b) after subsection (1), insert—

(1A) This subsection applies to a person who— (a) has been received in Scotland in accordance with regulations made under section 290 of the Mental Health Act, and (b) is treated as subject to a compulsion order and a restriction order by virtue of having been made subject to corresponding measures in proceedings in respect of the offence mentioned in subsection (1)(a) in the place from which the person was transferred. (1B) This subsection applies to a person who— (a) has been made subject to a compulsion order and a restriction order in proceedings in respect of the offence mentioned in subsection (1)(a), (b) has been removed from Scotland in accordance with regulations made under section 290 of the Mental Health Act, (c) has been made subject to corresponding measures, as described in section 290(8) of the Mental Health Act, in the place to which O has been removed, (d) has been subsequently received in Scotland in accordance with regulations made under section 290 of the Mental Health Act, and (e) is treated as subject to a compulsion order and a restriction order by virtue of having been subject to corresponding measures in relation to the orders mentioned in paragraph (a).

(3) In section 16C (information to be given under section 16A), in subsection (2)—

(a) in paragraph (f), after “Scotland” insert “and, unless the Scottish Ministers have cause to believe that it would not be in the interests of justice to provide such information, the jurisdiction to which O is subject as a result”,

(b) after paragraph (f), insert—

(fa) where O was previously transferred to a place outwith Scotland, that O has been returned to Scotland and section 16A(2) applies by virtue of section 16A(1B),

(4) After section 16D, insert—

(16E) (1) Subsection (2) applies where a person (“O”) is transferred to a place outwith Scotland in accordance with regulations made under section 290 of the Mental Health Act. (2) Section 16A(2) ceases to apply in relation to O on the day on which the Scottish Ministers notify, in accordance with section 16C(2)(f), a person who has asked to be given information about O (“P”) under section 16A that O has been so transferred. (3) When a transfer described in subsection (1) takes place, the Scottish Ministers must, when notifying P of the information set out in section 16C(2)(f), also notify P— (a) that, by virtue of the transfer, no further information will fall to be given under section 16A unless O is transferred back to Scotland and subsection 16A(2) applies by virtue of 16A(1B), (b) that P may be entitled to receive information about O from the jurisdiction to which O is subject as a result of the transfer (“the receiving jurisdiction”), (c) of such other information as is reasonably available to the Scottish Ministers as to the availability of information for victims of crime in the receiving jurisdiction. (4) Where a person (“the applicant”) asks to be given information under section 16A, and O has been transferred as described in subsection (1), the Scottish Ministers must inform the applicant— (a) that O has been so transferred, and the jurisdiction to which O is subject as a result, (b) that the applicant does not have the right to receive information under section 16A during such time as O is not subject, or treated as subject, to a compulsion order and a restriction order in Scotland, (c) that if O is returned to Scotland and section 16A(1B) applies— (i) the applicant will be notified of the information in section 16C(2)(fa), (ii) beginning with the date on which the transfer back to Scotland takes place, section 16A will apply, (d) that the applicant may be entitled to receive information about O from the receiving jurisdiction, (e) of such other information as is reasonably available to the Scottish Ministers as to the availability of information for victims of crime in the receiving jurisdiction. (16F) (1) This section applies where a person (“O”)— (a) has been received in Scotland other than by virtue of regulations made under section 290 of the Mental Health Act, (b) was subject to measures equivalent to a compulsion order and a restriction order in the jurisdiction from which O was transferred (“the transferring jurisdiction”) in respect of an offence, and (c) is made subject, or treated as subject, to a compulsion order and a restriction order by virtue of having been subject to those equivalent measures. (2) The Scottish Ministers may— (a) give to the transferring jurisdiction information about the rights of persons to receive information under this Part, (b) request that the transferring jurisdiction give that information to any person who would qualify to receive information under section 16A if O had been made subject to a compulsion order and a restriction order in Scotland in proceedings in respect of an offence, (c) request from the transferring jurisdiction the details of any person who would so qualify and, if received, use reasonable endeavours to notify that person of their right to receive information under this Part. (3) Section 16A applies in relation to O in accordance with subsection (4). (4) Section 16A(2) has effect as if— (a) O had been made subject to a compulsion order and a restriction order in Scotland, (b) after “Ministers” there were inserted “use reasonable endeavours to”.

(5) In section 18B (power to modify Part), after subsection (3), insert—

(4) The Scottish Ministers may by order amend section 16A so that information may be given under that section where— (a) a person has been received in Scotland in accordance with regulations made under section 290(1)(c) of the Mental Health Act, and (b) by virtue of having been subject to corresponding measures, as described in section 290(8) of the Mental Health Act, in the place from which the person was received where an order has been made under subsection (2) which would allow information to be given under section 16A had the person been made subject to a compulsion order in Scotland, that person is treated as subject to a compulsion order.

Information to be given concerning offender subject to compulsion order

46

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 16C (information to be given under section 16A), in subsection (2), after paragraph (i), insert—

(j) where O has been recalled as mentioned in paragraph (i)— (i) that the recall is being appealed against, (ii) the outcome of that appeal.

Victim’s right to receive information under section 17D after representations

47

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 17D (right to information after section 17B decision)—

(a) in subsection (1)(c), after “section” insert “16 or”,

(b) in subsection (2)—

(i) the words “that the decision has been taken” become paragraph (a),

(ii) after paragraph (a), insert

, and (b) what that decision is.

(5) Subsection (6) applies where— (a) in accordance with subsection (2), the Scottish Ministers have informed V that the Tribunal has decided to make no order under section 193 of the Mental Health Act, and (b) an appeal against that decision has been made. (6) The Scottish Ministers must— (a) inform V that the decision to make no order— (i) is being appealed against, or (ii) cannot competently be appealed against and is therefore final, and (b) give V the information that they would have had to give V by virtue of section 16C(4) had the appeal related to a decision to revoke a compulsion order or a restriction order, and reference in that subsection— (i) to a decision to revoke the order is to be read as a decision to make no order, (ii) to O once more being subject to the order is to be read as O no longer being subject to the order.

Conditional discharge: relevant conditions

48

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 18A (interpretation of Part), after subsection (3), insert—

(3A) The Scottish Ministers may, by regulations, amend subsection (3) so as to vary the circumstances in which a condition is relevant to V or, as the case may be, a supporter. (3B) Regulations under subsection (3A)— (a) may make incidental, supplementary, consequential, transitional, transitory or saving provision, (b) may make different provision for different purposes, (c) are subject to the affirmative procedure.

Suspension from detention within hospital grounds

49

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 18A (interpretation of Part)—

(a) in subsection (2)—

(i) in paragraph (b), after “certificate” in the first place where it occurs insert “other than a certificate to which subsection (2A) applies”,

(ii) after paragraph (b) insert—

(c) to such a certificate, being a certificate to which subsection (2A) applies, being granted for the first time is to the first time such a certificate is granted which has the effect of allowing the person to leave the hospital of which the unit forms part since— (i) the person was so detained, (ii) in a case where the person, while subject to that order or direction, has been recalled to a hospital unit 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).

(b) after subsection (2) insert—

(2A) This subsection applies to certificates which relate to the detention of a person under an order or direction which specified that the person was to be detained in a hospital unit. (2B) For the purposes of this section, “hospital unit” means any part of a hospital which is treated as a separate unit.

Victim statements in solemn proceedings

50

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 14 (victim statements)—

(a) in subsection (1)—

(i) “taken” where it first occurs is repealed,

(ii) after “likely to be” insert

— (a) solemn proceedings, or

(iii) the words from “taken” to the end become paragraph (b),

(b) in subsection (2), for “a prescribed offence” substitute “an offence mentioned in subsection (2A)”,

(2A) The offences are— (a) in the case of solemn proceedings, any offence, (b) in all other cases, a prescribed offence.

(d) in subsection (13), after “statement” where it first occurs insert “made by virtue of subsection (2)”,

(e) in subsection (15)—

(i) in the opening words, for “(2)” substitute “(2A)”,

(ii) in paragraph (b), for “(2)” substitute “(2A)”,

(iii) after paragraph (b) insert—

(ba) in the case of an order under subsection (13), provision to prescribe a form or manner by reference to one or more particular courts, types of proceedings, jurisdictions, offences or types of offence, or a combination of those things;

(iv) in paragraph (c), for “(2)” substitute “(2A)”,

(f) in subsection (16), for “(2)” substitute “(2A)”.

(3) In section 88 (orders), in subsection (2)(a), for “(2)” substitute “(2A)”.

Provision of transcript of record of trial to certain complainers

51

(1) The 1995 Act is amended as follows.

(2) In section 94 (transcripts of record and documentary productions)—

(a) after subsection (2) insert—

(2ZA) The Clerk of Justiciary must direct that such a transcript be made and sent to a complainer that has requested it, if the complainer was a complainer in a trial that— (a) was of an offence as described in section 288C(2) (certain sexual offences), (b) was in the High Court or the Sexual Offences Court, and (c) commenced on or after 31 December 2006.

(b) after subsection (9) insert—

(10) In this section, “complainer” means a person against whom an offence to which the trial related was alleged to have been committed.

Right to referral by Police Scotland to victim support services

52

(1) The 2014 Act is amended as follows.

(2) In section 3D (referral to providers of victim support services)—

(a) in subsection (1)—

(i) in the opening words, after “person that—” insert—

(za) victim support services are available to victims and, with reference to subsection (5), what is meant by victim support services,

(ii) for paragraph (a), and the word “and” immediately following it, substitute—

(a) the person is entitled, at any time, to have their details passed by any competent authority to such providers of victim support services as are appropriate to the person’s needs for the purpose of contacting the person to offer the services, in a process known as referral, (aa) if the person elects to be referred, the person may, at any later time, elect to discontinue the referral or cease to receive the victim support services,

(iii) after paragraph (b), insert

, and (c) if the person elects to contact providers directly without being referred, the person will be provided with the information necessary to do so.

(b) for subsection (2) substitute—

(2) Where the person intimates to a competent authority that the person wishes to be referred to providers of victim support services, the authority must, subject to the consent of the person, disclose the person’s details to such providers of victim support services as the authority considers appropriate to the person’s needs, as soon as is reasonably practicable. (2A) Where the person intimates to a competent authority that the person wishes to contact providers of victim support services directly without being referred, the authority must, as soon as is reasonably practicable, provide the person with the name, address and telephone number of the providers of victim support services.

(d) in subsection (4), for “a request made”, in every place it occurs, substitute “an intimation”,

(e) after subsection (4), insert—

(4A) The chief constable must make and publish guidance for constables on the process of referring a person who is or appears to be a victim in relation to an offence or alleged offence to victim support services under this section. (4B) The chief constable must keep the guidance published under subsection (4A) under review and may modify it from time to time, in which case the chief constable must publish the modified guidance.

(f) the title of section 3D becomes “Victims’ right to access support services”.

Release on licence: reasons for decisions

53

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 17 (release on licence: right of victim to receive information and make representations)—

(a) in subsection (6)—

(i) in paragraph (a), after “release” insert “, including a summary of the reasons for its decision”,

(ii) in paragraph (b), after “conditions” insert “, including a summary of the reasons for its decision”,

(b) in subsection (8), in paragraph (a), after “conditions” insert “, including a summary of the reasons for its decision”,

(c) in subsection (10), in paragraph (a), after “conditions” insert “, including a summary of the reasons for their decision”.

Review of victim’s right to receive information on fixed penalties

54

(1) The Scottish Ministers must, within the period of 2 years beginning with the day on which this section comes into force, undertake a review of the information to which persons who are or appear to be victims of offences are entitled by virtue of any enactment in relation to—

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