Victims, Witnesses, and Justice Reform (Scotland) Act 2025
2025 asp 12
An Act of the Scottish Parliament to establish a Victims and Witnesses Commissioner for Scotland; to make provision for the investigation and prosecution of crime, and the conduct and scheduling of criminal and civil proceedings, to be done in a trauma-informed way; to make provision about the rights of victims to receive information, give views, and be referred to victim support services; to make provision about the release of prisoners; to make provision for special measures for vulnerable witnesses and vulnerable parties in civil proceedings, including the special measure of prohibiting the personal conduct of certain cases; to abolish the not proven verdict and to make provision about the size of juries in criminal trials and the number of jurors needed to deliver guilty verdicts; to establish a new court to try persons accused of certain sexual offences; to make provision about special measures for vulnerable witnesses in certain criminal cases; to provide for anonymity for victims of certain sexual offences; to provide for complainers’ legal representatives to be heard in relation to applications to admit certain evidence in sexual offences cases; to make provision about non-harassment orders; to make provision about the enforcement of protective orders made outwith Scotland; and for connected purposes.
EnactedThe Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th September 2025 and received Royal Assent on 30th October 2025
Part 1 Victims and Witnesses Commissioner for Scotland¶
1The Commissioner’s general function is to promote and support the rights and interests of victims and witnesses.2In exercising the general function, the Commissioner is to—aengage, in such manner as the Commissioner considers appropriate, with—ivictims and witnesses,iipersons providing victim support services,btake such steps as the Commissioner considers appropriate to raise awareness of and promote—ithe interests of victims and witnesses,iithe Victims’ Charter (see section 9),cmonitor compliance with—istandards of service set and published under section 2 of the Victims and Witnesses (Scotland) Act 2014 (“the 2014 Act”),iithe Victims’ Code for Scotland prepared and published under section 3B of that Act,dconsider the provision of information to victims and other persons and the making of representations under Part 2 of the Criminal Justice (Scotland) Act 2003,epromote best practice, in particular trauma-informed practice, by—icriminal justice bodies,iipersons providing victim support services,fundertake and commission research in order to—iproduce the Commissioner’s annual report under section 18,iimake recommendations, in relation to any matter relevant to the Commissioner’s general function, to criminal justice bodies and to persons providing victim support services.
1The Scottish Ministers may, by regulations, amend the Commissioner’s general function to include the civil function.2The civil function is to promote and support the rights and interests of persons involved in proceedings other than criminal proceedings.3Regulations under subsection (1) may, in particular—acontain a definition, for the purposes of the civil function, of—iproceedings other than criminal proceedings,iipersons involved in proceedings other than criminal proceedings,bprovide for the exercise of the civil function to include—iengagement, 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,iitaking such steps as the Commissioner considers appropriate to raise awareness of and promote the interests of persons involved in proceedings other than criminal proceedings,iiipromoting 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,ivundertaking and commissioning research in order to include information relating to the exercise of the civil function within the annual report under section 18,vundertaking 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,cmodify this Part to include within the Commissioner’s functions and powers—ipersons involved in proceedings other than criminal proceedings,iithe administration and management of proceedings other than criminal proceedings and persons involved in such administration and management,iiipersons providing support to persons involved in proceedings other than criminal proceedings.4Regulations under subsection (1) may—amake 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,bmodify this Part (including schedules 1 and 2).
1In exercising the Commissioner’s function under section 2(2)(a), the Commissioner—amay establish such groups as the Commissioner considers appropriate,bmust pay particular attention to groups of victims and witnesses who do not have other adequate means by which they can make their views known.2The 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.
1The Commissioner may establish and maintain an advisory group to give advice and information to the Commissioner about matters relating to the Commissioner’s functions.2The 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—athe number of members,bthe persons to be appointed.3The 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.4The procedure of any such advisory group is to be such as the Commissioner may determine.
1The Commissioner may, in the exercise of the Commissioner’s functions—awork with a person mentioned in subsection (2), on such terms as may be agreed with the person,bwhen requested by such a person, provide assistance to the person,cconsult such a person.2The persons are—athe Scottish Parliament,bthe Scottish Ministers,cthe Lord Advocate,dthe chief constable of the Police Service of Scotland,eHis Majesty’s Inspectors of Constabulary in Scotland,fthe Scottish Police Authority,gthe Police Investigations and Review Commissioner,hthe Information Commissioner,ithe Scottish Human Rights Commission,jthe Commissioner for Children and Young People in Scotland,ksuch other persons as the Commissioner considers appropriate.
1The Commissioner may do anything which appears to the Commissioner—ato be necessary or expedient for the purposes of, or in connection with, the performance of the Commissioner’s functions, orbto be otherwise conducive to the performance of those functions.2Despite 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.
1The Commissioner may not exercise any function in relation to an individual case.2But 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.3The 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.4The 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.5For the purposes of subsection (1), “individual case” includes—aa particular victim or witness,bthe bringing or conduct of particular proceedings,canything 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.
1The Commissioner must—aprepare 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,blay a copy of the charter before the Scottish Parliament,creview 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,drevise the charter as the Commissioner considers appropriate following such a review,eas soon as reasonably practicable after revising a charter, publish the charter as revised.2The charter—amust set out—ia description of the criminal justice system,iithe interactions that it is possible for a victim to have with the system,iiithe communications which a victim will receive in the course of those interactions,ivthe rights of a victim in those interactions,vthe mechanisms available to a victim for upholding those rights,bmay include such other information as the Commissioner considers appropriate.3The persons invited by the Commissioner to participate in the preparation of the charter—amust include—ivictims,iipersons providing victim support services,iiicriminal justice bodies,bmay include such other persons as the Commissioner considers appropriate.4The 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.5Paragraphs (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).6For 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.
1The Commissioner must, in respect of each 3 year period—aprepare and publish a strategic plan, andblay a copy of the plan before the Scottish Parliament before the beginning of the 3 year period to which it relates.2Before publishing a strategic plan, the Commissioner must consult on a draft of it with—athe Parliamentary corporation, andbsuch other persons as the Commissioner considers appropriate.3A 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—awhat the Commissioner’s objectives and priorities are for that period,bhow the Commissioner proposes to achieve them,cwhat the timetable is for doing so, anddwhat the estimated costs are of doing so.4The Commissioner may, at any time, review and revise a strategic plan.5Where the Commissioner revises a strategic plan—asubsections (1) to (4) apply to the revised strategic plan as they apply to the original strategic plan,bthe 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.6In this section, “3 year period” means—athe period of 3 years beginning with 1 April next following the coming into force of this section, andbeach subsequent period of 3 years.
1The 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.2The 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.3The Commissioner may not carry out an investigation so far as it would relate to—athe making of decisions or taking of action in particular legal proceedings before a court or tribunal, orba matter which is the subject of legal proceedings before a court or tribunal.
1Before taking any steps in the conduct of an investigation, the Commissioner must—adraw up terms of reference for the investigation, andbtake 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.2An 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.
1The Commissioner may require any person to—agive evidence on any matter within the terms of reference of an investigation,bproduce documents in the custody or control of that person which have a bearing on any such matter.2The 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.3A 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.4A 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—aconsiders that answering the question or producing the document might prejudice criminal proceedings in that case or would otherwise be contrary to the public interest, andbhas authorised the representative to decline to answer the question or produce the document on that ground.5The Scottish Ministers may, by regulations, make further provision in relation to the giving of evidence or the production of documents under subsection (1).6In subsection (4), a “representative of the Crown Office and Procurator Fiscal Service” means—aCrown Counsel,ba procurator fiscal,ca person employed in the Crown Office and Procurator Fiscal Service,dany person duly authorised to represent or act for the persons mentioned in paragraphs (a) to (c).
1The Commissioner must, at the conclusion of an investigation, publish a report of the investigation.2The 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.3A 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.4The Commissioner must lay a copy of the report before the Scottish Parliament as soon as reasonably practicable following its publication.
1The 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—astandards of service set and published under section 2 of the 2014 Act,bthe Victims’ Code for Scotland prepared and published under section 3B of that Act.2Where a requirement is imposed under subsection (1), the Commissioner must give the criminal justice body a written notice specifying—athe information, or the nature of the information, which is to be supplied,bthe form in which it is to be supplied,cin 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, anddthe particular matters in connection with which the information is required.3A 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.4The 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—amight prejudice criminal proceedings in that case,bwould otherwise be contrary to the public interest.5The 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.6Where 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.7In this section, “information” includes unrecorded information.
1The Commissioner may take the action mentioned in subsection (3) or (4) (or both actions) where—aa requirement to supply information has been imposed on a criminal justice body under section 15(1), andbthe 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).2The Commissioner may take the action mentioned in subsection (4) where—aa requirement to supply information has been imposed on a criminal justice body under section 15(1), andbthe Commissioner suspects the person has deliberately altered the information.3The Commissioner may publicise the criminal justice body’s refusal, or failure, to supply the information.4The Commissioner may report the matter to the Court of Session.5After receiving a report under subsection (4), and hearing any evidence or representations on the matter, the Court may (either or both)—amake any order for enforcement that it considers appropriate,bdeal with the matter as if it were a contempt of court.
I1717 Offence of Commissioner disclosing confidential information¶
1A person mentioned in subsection (2) commits an offence if—athe person knowingly discloses any information which—ihas been obtained by or on behalf of the Commissioner for the purposes of exercising the Commissioner’s functions, andiiat the time of disclosure is not, and has not previously been, in the public domain, andbthe disclosure is not authorised by subsection (3).2The persons referred to in subsection (1) are persons who are or have been—athe Commissioner,ba member of the Commissioner’s staff,can agent of the Commissioner.3For the purposes of subsection (1)(b), disclosure is authorised only so far as it is—amade with the consent of the person from whom the information was obtained,bsubject to subsection (4), necessary for the purpose of enabling or assisting the exercise of the Commissioner’s functions under this Act, orcmade 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).4Subsection (3)(b) does not authorise the disclosure of information which leads, or is likely to lead, to the identification of—avictims,bwitnesses,cpersons suspected of committing of an offence but who have not been charged in relation to that offence.5A person who commits an offence under subsection (1) is liable—aon summary conviction, to a fine not exceeding the statutory maximum, orbon conviction on indictment, to a fine.
1The Commissioner must, in respect of each financial year—aprepare and publish a report on the Commissioner’s functions, andblay a copy of the report before the Scottish Parliament as soon as practicable after the end of that year.2The Commissioner must give a copy of the draft report to—aeach criminal justice body, andbany person providing victim support services who is named in the report,not less than 5 days before publishing the report under subsection (1)(a).3The report must include—aa review of issues identified by the Commissioner in the financial year as being relevant to victims and witnesses,ba review of the Commissioner’s activity in that year, including the steps taken to fulfil each of the Commissioner’s functions,cany recommendations by the Commissioner arising out of that activity,da summary of any review and revision of the Victims’ Charter under subsection (1) of section 9 that has completed in the financial year,ean overview of the activity the Commissioner intends to undertake in the financial year following the year to which the report relates.4Recommendations under subsection (3)(c) may include recommendations in relation to—athe provision of training to the members and employees of a criminal justice body,ba person’s standards of service set and published under section 2 of the 2014 Act,cthe Victims’ Code for Scotland prepared and published under section 3B of that Act,dtrauma-informed practice,ethe provision of information to victims and witnesses,fany other matter relating to the Commissioner’s functions.5The Commissioner must—acomply with any direction given to the Commissioner by the Parliamentary corporation in relation to the form and content of the report,bensure that a report does not include any information that would or might disclose the identity of an individual.6The first report under this section is to relate to the period beginning on the day that this section comes into force and ending—aif 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, orbotherwise, on the last day of the next financial year.
1Where a report under section 18 names—aa criminal justice body,ba person providing victim support services,the Commissioner may, in the report, impose on the person a requirement to respond to the report.2Where a requirement to respond is imposed under subsection (1), the person must provide a written statement within such reasonable period as the Commissioner specifies.3The statement must set out the person’s reasoned response to the part of the report which relates to their activities.
1The Commissioner must—apublish any statement provided in response to a requirement to respond imposed under section 19, andblay a copy of it before the Scottish Parliament.2Subsection (1) does not apply if, or to the extent that, the Commissioner considers publication and laying to be inappropriate.3In 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.4The Commissioner may, in such manner as the Commissioner considers appropriate, publicise a failure to comply with a requirement to respond.
1The 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.2The Commissioner—amust give a copy of a draft report to each criminal justice body not less than 5 days before publishing the report under subsection (1),bmay lay any report published under subsection (1) before the Scottish Parliament, if the Commissioner considers it appropriate to do so.3The 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—agiven information to the Commissioner, andbnot consented to being named in the report.
1For the purposes of the law of defamation—aany statement made to the Commissioner has absolute privilege,bany statement in the Commissioner’s report on an investigation has absolute privilege,cany other statement made by the Commissioner has qualified privilege.2In this section—aa reference to a statement being made to or by the Commissioner—iincludes 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,iidoes 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.
1The 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.2A criminal justice body which receives a request under subsection (1) must respond to that request confirming—athat it will comply with the request so far as reasonably practicable, orbthat it will not comply with the request and the reason for that non-compliance.
“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.
2The Scottish Ministers may, by regulations—amodify the list in the definition of “criminal justice body” in subsection (1) to add, vary or remove entries,bmodify the definition in subsection (1) of—ivictim,iiwitness,cmake any other modification to subsection (1) which the Scottish Ministers consider necessary or expedient in consequence of modifications made by virtue of paragraph (b).
1The Courts Reform (Scotland) Act 2014 is amended as follows.2In section 103 (power to regulate procedure etc. in the Court of Session), in subsection (2), after paragraph (c) insert—
.
3In section 104 (power to regulate procedure etc. in the sheriff court and the Sheriff Appeal Court), in subsection (2), after paragraph (c) insert—
.
4In section 136 (interpretation), after the definition of “solicitor” insert—
.
I2929 Fatal accident inquiries: conduct of proceedings¶
1The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is amended as follows.2In section 36 (power to regulate procedure etc.)—ain subsection (2), after paragraph (b) insert—
,
bafter subsection (5) insert—
.
Duty to have regard to principle of trauma-informed practice¶
1The Judiciary and Courts (Scotland) Act 2008 is amended as follows.2In section 2 (head of the Scottish Judiciary)—aafter subsection (2) insert—
,
bafter subsection (6) insert—
.
I3131 Scheduling of business in sheriff courts and the Sheriff Appeal Court¶
1The Courts Reform (Scotland) Act 2014 is amended as follows.2In section 27 (sheriff principal’s responsibility for efficient disposal of business in sheriff courts), after subsection (3) insert—
.
3In section 29 (Lord President’s power to exercise functions under sections 27 and 28), in subsection (1), after paragraph (a) insert—
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4In section 56 (President’s responsibility for efficient disposal of business), after subsection (3) insert—
.
I3232 Scheduling of business in justice of the peace courts¶
1The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended as follows.2In section 61 (efficient disposal of business in justice of the peace courts)—aafter subsection (1) insert—
,
bafter subsection (4) insert—
.
Part 3 Victims’ rights to receive information and to give views¶
I3333 Victim’s right to information about plea agreements, etc.¶
1The 2014 Act is amended as follows.2After section 6 insert—
.
I3434 Victims’ right to be informed of decision not to prosecute or to discontinue proceedings¶
1The 2014 Act is amended as follows.2Before section 4 (rules: review of decision not to prosecute) insert—
.
3The italic cross heading immediately preceding section 4 becomes“Decisions not to prosecute or to discontinue proceedings”.
I1921The Criminal Justice (Scotland) Act 2003 is amended by subsections (2) to (4).2In section 16 (victim’s right to receive information concerning release etc. of offender)—ain subsection (1)—iin the opening words, the words “Subject to subsection (2),” are repealed,iiin paragraph (a), the words “for a period of 18 months or more” are repealed,iiiparagraph (b) is repealed,bsubsection (4)(a) is repealed.I1703In 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.I1704In section 17ZA (release on licence: provision of information to person supporting victim), subsection (5)(b) is repealed.5The 2014 Act is amended by subsections (6) to (9).6Section 27A (notification of victims in relation to release etc. of short term prisoners) is repealed.7Section 27B (provision of information to person supporting victim) is repealed.8In section 29A (exercise of functions where victim is a child), in subsection (1), in the opening words, for “, 8A or 27A” substitute “or 8A”.9In 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”.
I3636 Right of eligible persons to receive information in event of death or incapacity of victim¶
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.
I3737 Victim notification and right to make representations where offender is a child¶
1The Criminal Justice (Scotland) Act 2003 is amended as follows.2In section 16 (victim’s right to receive information concerning release etc. of offender)—ain subsection (1), paragraph (c) and the “or” immediately preceding it are repealed,bsubsection (2) is repealed,cin subsection (3)(a), for “or the 1993 Act” substitute “, the 1993 Act or the 1995 Act”,dafter subsection (3)(d) insert—
,
ein subsection (3)(e)—iafter “prison,” insert “a”,iifor “or hospital” substitute “, secure accommodation or a hospital”,fin subsection (3)(f)(ii)—iafter “prison,” insert “a”,iifor “or hospital” substitute “, secure accommodation or a hospital”.3In section 16ZA (provision of information to person supporting victim), subsection (4) is repealed.4In section 16A(1) (victim’s right to receive information concerning offender subject to compulsion order)—ain paragraph (b) (as amended by section 45(2)(a)), at the end, insert “and”,bparagraph (d), and the word “and” immediately preceding it, are repealed.5In section 16D (provision of information concerning offender subject to compulsion order to person supporting victim), subsection (5) is repealed.6In section 17 (release on licence: right of victim to receive information and make representations)—ain subsection (1)—iin the opening words, the words “, (3)” are repealed,iiin paragraph (b), after “imprisonment” insert “or detention without limit of time”,bsubsection (3) is repealed.7In section 17ZA, subsection (4) is repealed.8After section 17A, insert—
.
9In section 18A (interpretation of Part), in subsection (1), after the definition of “restricted transfer” (as inserted by section 40) insert—
.
I3838 Provision of information where victim is a child¶
1The Criminal Justice (Scotland) Act 2003 is amended as follows.2In section 16 (victim’s right to receive information concerning release etc. of offender)—aafter subsection (4) insert—
,
bfor subsection (8) substitute—
.
3In section 16B (person entitled to ask to be given information under section 16A)—ain subsection (1), after paragraph (c) insert—
,
bsubsection (2) is repealed,cafter subsection (2) insert—
.
4In section 17 (release on licence: right of victim to receive information and make representations)—ain subsection (1), for “(the “victim”)” substitute “(“P”)”,bin subsection (2), for “the victim” substitute “P”,cin subsection (5), for “the victim” substitute “P”,din subsection (6),iin paragraph (a), for “the victim” substitute “P”,iiin paragraph (b), for “the victim” substitute “P”,iiiin paragraph (c)—Ain both places it occurs, for “the victim” substitute “P”,Bfor “the victim’s” substitute “P’s”,ivin the closing words, for “the victim” substitute “P”,ein subsection (8), for “the victim” substitute “P”,fin subsection (9), for “the victim” substitute “P”,gin subsection (10), for “the victim” substitute “P”,hin subsection (11), for “the victim” substitute “P”.5In section 17A (temporary release: victim's right to make representations about conditions), in subsection (1)(a), after “(1)” insert “, (4B)”.
I3939 Notification of individual other than supporter to receive information¶
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.
1The Criminal Justice (Scotland) Act 2003 is amended as follows.2In section 16 (victim’s right to receive information concerning release etc. of offender)—aafter subsection (1), insert—
,
bin subsection (3)—iin 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”,iiafter paragraph (c), insert—
.
3After section 16ZA (provision of information to person supporting victim), insert—
.
4In section 18A(1) (interpretation of Part)—aafter the definition of “Mental Health Tribunal” insert—
,
bafter the definition of “transfer for treatment direction” insert—
.
I4141 Additional information to be provided to victims¶
1The Criminal Justice (Scotland) Act 2003 is amended as follows.2In section 16 (victim’s right to receive information concerning release etc. of offender), after subsection (3), insert—
.
3In section 16A (victim’s right to receive information concerning offender subject to compulsion order), after subsection (2), insert—
.
4In section 17 (release on licence: right of victim to receive information and make representations), after subsection (2), insert—
.
5In section 17A (temporary release: victim’s right to make representations about conditions), after subsection (3), insert—
.
6In section 17B (mentally-disordered offender: victim’s right to make representations), after subsection (3), insert—
.
7In section 17D (right to information after section 17B decision), after subsection (6) (as inserted by section 47(2)(c)), insert—
.
I4242 Powers to modify information to be given and right to make representations¶
1The Criminal Justice (Scotland) Act 2003 is amended as follows.2In section 16 (victim’s right to receive information concerning release etc. of offender), in subsection (4)(b)—afor “amend” substitute “modify”,bafter “adding” insert “, amending or repealing”.3In section 17A (temporary release: victim’s right to make representations about conditions), after subsection (4), insert—
.
4In section 17B, after subsection (6), insert—
.
5In section 18B (power to modify part) in subsection (1)(b), after “adding” insert “, amending or repealing”.6In section 88(2)(a), after “16B(7)” (as inserted by paragraph 1(5)(a) of schedule 3) insert “, 17A(5), 17B(7)”.
I4343 Co-operation with the Scottish Ministers for the purposes of sharing information with victims¶
1The Criminal Justice (Scotland) Act 2003 is amended as follows.2After section 17DA insert—
1The 2014 Act is amended as follows.2In section 2 (standards of service), in subsection (3)(b)—athe words from “prisons” to the end become sub-paragraph (i),bafter sub-paragraph (i), insert—
.
I4545 Victim’s right to receive information concerning offender subject to compulsion order by virtue of cross-border transfer¶
1The Criminal Justice (Scotland) Act 2003 is amended as follows.2In section 16A (victim’s right to receive information concerning offender subject to compulsion order)—ain subsection (1)(b)—ithe words from “has” to the end become sub-paragraph (i),iiafter sub-paragraph (i) insert
,
bafter subsection (1), insert—
.
3In section 16C (information to be given under section 16A), in subsection (2)—ain 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”,bafter paragraph (f), insert—
.
4After section 16D, insert—
.
5In section 18B (power to modify Part), after subsection (3), insert—
.
I4646 Information to be given concerning offender subject to compulsion order¶
1The Criminal Justice (Scotland) Act 2003 is amended as follows.2In section 16C (information to be given under section 16A), in subsection (2), after paragraph (i), insert—
.
I4747 Victim’s right to receive information under section 17D after representations¶
1The Criminal Justice (Scotland) Act 2003 is amended as follows.2In section 17D (right to information after section 17B decision)—ain subsection (1)(c), after “section” insert “16 or”,bin subsection (2)—ithe words “that the decision has been taken” become paragraph (a),iiafter paragraph (a), insert
1The Criminal Justice (Scotland) Act 2003 is amended as follows.2In section 18A (interpretation of Part), after subsection (3), insert—
.
I4949 Suspension from detention within hospital grounds¶
1The Criminal Justice (Scotland) Act 2003 is amended as follows.2In section 18A (interpretation of Part)—ain subsection (2)—iin paragraph (b), after “certificate” in the first place where it occurs insert “other than a certificate to which subsection (2A) applies”,iiafter paragraph (b) insert—
1The Criminal Justice (Scotland) Act 2003 is amended as follows.2In section 14 (victim statements)—ain subsection (1)—i“taken” where it first occurs is repealed,iiafter “likely to be” insert
,
iiithe words from “taken” to the end become paragraph (b),bin subsection (2), for “a prescribed offence” substitute “an offence mentioned in subsection (2A)”,cafter subsection (2) insert—
,
din subsection (13), after “statement” where it first occurs insert “made by virtue of subsection (2)”,ein subsection (15)—iin the opening words, for “(2)” substitute “(2A)”,iiin paragraph (b), for “(2)” substitute “(2A)”,iiiafter paragraph (b) insert—
,
ivin paragraph (c), for “(2)” substitute “(2A)”,fin subsection (16), for “(2)” substitute “(2A)”.3In section 88 (orders), in subsection (2)(a), for “(2)” substitute “(2A)”.
I51I19551 Provision of transcript of record of trial to certain complainers¶
1The 1995 Act is amended as follows.2In section 94 (transcripts of record and documentary productions)—aafter subsection (2) insert—
,
bafter subsection (9) insert—
.
I5252 Right to referral by Police Scotland to victim support services¶
1The 2014 Act is amended as follows.2In section 3D (referral to providers of victim support services)—ain subsection (1)—iin the opening words, after “person that—” insert—
,
iifor paragraph (a), and the word “and” immediately following it, substitute—
,
iiiafter paragraph (b), insert
,
bfor subsection (2) substitute—
,
cin subsection (3), for “(1) and (2)”, “substitute (1) to (2A)”,din subsection (4), for “a request made”, in every place it occurs, substitute “an intimation”,eafter subsection (4), insert—
,
fthe title of section 3D becomes “Victims’ right to access support services”.
1The Criminal Justice (Scotland) Act 2003 is amended as follows.2In section 17 (release on licence: right of victim to receive information and make representations)—ain subsection (6)—iin paragraph (a), after “release” insert “, including a summary of the reasons for its decision”,iiin paragraph (b), after “conditions” insert “, including a summary of the reasons for its decision”,bin subsection (8), in paragraph (a), after “conditions” insert “, including a summary of the reasons for its decision”,cin subsection (10), in paragraph (a), after “conditions” insert “, including a summary of the reasons for their decision”.
I54I17254 Review of victim’s right to receive information on fixed penalties¶
1The 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—athe acceptance or rejection of a fixed penalty offer by alleged offenders in accordance with section 302 of the 1995 Act, andbany reasons given by alleged offenders as to why the offer has been accepted or rejected.2The review under subsection (1) must, in particular, include consideration of whether any legislative changes are required.3As soon as reasonably practicable after completing the review under subsection (1), the Scottish Ministers must—aprepare and publish a report on the review,blay a copy of the report before the Scottish Parliament.
I55I16855 Parole Board rules: decisions where prisoner has information about victim’s remains¶
1The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.2In section 20 (the Parole Board for Scotland)—ain subsection (4), in paragraph (c), after “matters” insert “must or”,bafter subsection (4A) insert—
.
I56I16956 Parole Board rules: safety and security of victims and victims’ family¶
1The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.2In section 20 (the Parole Board for Scotland), after subsection (4AA) (as inserted by section 55(2)(b)) insert—
1The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.2In section 12 (conditions in licences), after subsection (4A) insert—
1The Vulnerable Witnesses (Scotland) Act 2004 is amended as follows.2In section 11B (deemed vulnerable witnesses: proceedings concerning order under section 11(1) of the Children (Scotland) Act 1995) (inserted by section 4(3) of the Children (Scotland) Act 2020 (“the 2020 Act”))—ain subsection (1), for “proceedings to which subsection (2) applies”, substitute “civil proceedings other than relevant proceedings”,bsubsection (2) is repealed,cfor subsection (3), substitute—
,
dthe section title becomes “Deemed vulnerable witnesses: proceedings other than relevant proceedings”.3In section 22D(5)(a)(i) (presumption that personal conduct of case should be prohibited) (inserted by section 4(5) of the 2020 Act)—athe words from “because” to the end become sub-sub-paragraph (A),bfor “prohibits” substitute “prohibiting”,cafter “proceedings” insert “is in force or has been applied for”,dafter sub-sub-paragraph (A), insert—
1The Vulnerable Witnesses (Scotland) Act 2004 is amended as follows.2In section 18(1) (the special measures)—ain paragraph (d), the word “and” is repealed,bafter paragraph (d) insert—
.
3In section 22B (prohibition on personal conduct of case) (inserted by section 4(5) of the 2020 Act)—afor subsection (1), substitute—
,
bsubsections (2) and (3) are repealed.4In section 22D (presumption that personal conduct of case should be prohibited) (inserted by section 4(5) of the 2020 Act), in subsection (1), in paragraph (b), for the words from “other proceedings” to the end substitute “proceedings other than relevant proceedings”.
I6060 Register of solicitors for section 22B of the Vulnerable Witnesses (Scotland) Act 2004¶
1In the 2020 Act, section 7 is repealed.2The Vulnerable Witnesses (Scotland) Act 2004 is amended by subsections (3) and (4).3In section 22B (prohibition on personal conduct of case) (inserted by section 4(5) of the 2020 Act), in subsection (7), for the words “section 7 of the Children (Scotland) Act 2020” substitute “section 22E and, if the register is divided into parts, the part which applies to the proceedings”.4After section 22D (presumption that personal conduct of case should be prohibited) (inserted by section 4(5) of the 2020 Act) insert—
1In the 2020 Act, section 8 is repealed.2The Vulnerable Witnesses (Scotland) Act 2004 is amended by subsections (3) and (4).3In section 15(3)(a) (vulnerable witnesses: supplementary provision), for the words “if aged 12 or older” substitute “unless the contrary is shown”.4After section 22E (register of solicitors for section 22B) (as inserted by section 60), insert—
1The Contempt of Court Act 1981 is amended as follows.2In section 8 (confidentiality of jury’s deliberations: Scotland and Northern Ireland)—ain subsection (1), for “subsection (2)” substitute “subsections (1A) and (2)”,bafter subsection (1) insert—
.
3After section 8 insert—
.
I68I16768 Research into juries by or on behalf of the Scottish Ministers: duty to report¶
1This section applies where the Scottish Ministers—acarry out or commission the carrying out of research in accordance with leave granted under section 8A(1) of the Contempt of Court Act 1981, andbfor the purposes of that research, particulars of—istatements made,iiopinions expressed,iiiarguments advanced, orivvotes cast,by members of a jury in the course of their deliberations in solemn proceedings are solicited, obtained, disclosed or published.2The Scottish Ministers must, as soon as reasonably practicable after the research is carried out—apublish a report on the research,blay a copy of the report before the Parliament,cpublish their response to the report (including their recommendations, if any), anddlay a copy of the response before the Parliament.3In this section, references to the Scottish Ministers carrying out or commissioning the carrying out of research include research carried out by them jointly or on their behalf.
1There is established a court of law to be known as the Sexual Offences Court.2The Sexual Offences Court consists of—athe Lord Justice General,bthe Lord Justice Clerk, andcjudges each to be known as a Judge of the Sexual Offences Court.
1The Sexual Offences Court has jurisdiction and competence to hear and determine cases to such extent as is provided by or under—athis Act, orbany other enactment.2The Sexual Offences Court’s jurisdiction and competence is exercisable, at sittings of the Court, by one or more of—athe Lord Justice General,bthe Lord Justice Clerk,ca Judge of the Sexual Offences Court.3The Sexual Offences Court has all such powers as are, under the law of Scotland, inherently possessed by a court of law for the purposes of the discharge of its jurisdiction and competence and giving full effect to its decisions.4Subsection (3) is subject to any provision of this Act or any other enactment that restricts or excludes any power of the Sexual Offences Court in determining or disposing of a case.
1The Sexual Offences Court may try any sexual offence which is triable on indictment in any place in Scotland.2Where an indictment includes at least one sexual offence when the indictment is served, the Sexual Offences Court may try every offence listed on the indictment.3But an indictment in the Sexual Offences Court may not include the offence of—atreason,bbreach of duty by magistrates.4In this Part, “sexual offence” means—aan offence listed for the time being in schedule 4,battempting or conspiring to commit an offence listed for the time being in schedule 4,caiding, abetting, counselling, procuring or inciting the commission of an offence listed for the time being in schedule 4.5The Scottish Ministers may, by regulations, modify—athe definition in subsection (4),bthe list in schedule 4.
I7272 Judges of the Sexual Offences Court: Lord Commissioners of Justiciary and temporary judges¶
1Each person who—aholds a relevant high judicial office, andbhas completed an approved course of training on trauma-informed practice in sexual offence cases,also holds office as a Judge of the Sexual Offences Court.2A person holding a relevant high judicial office ceases to hold office as a Judge of the Sexual Offences Court if they cease to hold the relevant judicial office.3If a person holding a relevant high judicial office is suspended from that office for any period they are also suspended from office as a Judge of the Sexual Offences Court for the same period.4In this section, “relevant high judicial office” means—aLord Commissioner of Justiciary,btemporary judge.5In this section and in section 74, “approved course of training” means a training course which is approved by the Lord Justice General for the purpose of appointment to the office of Judge of the Sexual Offences Court.
I7373 Judges of the Sexual Offences Court: re-employment of former judges¶
1The Judiciary and Courts (Scotland) Act 2008 is amended as follows.2In section 20E—ain subsection (2), at the end, insert “or, provided the individual has completed an approved course of training on trauma-informed practice in sexual offence cases, as a judge of the Sexual Offences Court”,bin subsection (4), for “or the High Court of Justiciary” substitute “, the High Court of Justiciary or the Sexual Offences Court”,cafter subsection (5), insert—
.
I7474 Appointment of Judges of the Sexual Offences Court¶
1The Lord Justice General may appoint persons holding a relevant judicial office to hold office also as Judges of the Sexual Offences Court.2The Lord Justice General may appoint a person to the office of Judge of the Sexual Offences Court under this section only if—athe person has completed (whether before this section comes into force or otherwise) an approved course of training on trauma-informed practice in sexual offence cases, andbthe Lord Justice General considers the person has the skills and experience necessary to fulfil the office.3Appointment as a Judge of the Sexual Offences Court under this section—ais for a period of 5 years,bdoes not affect a person’s appointment to the relevant judicial office and the person may continue to act in that capacity.4A person holding office as a Judge of the Sexual Offences Court under this section ceases to hold that office if they cease to hold the relevant judicial office.5If a person holding office as a Judge of the Sexual Offences Court under this section is suspended from the relevant judicial office they are also suspended from office as a Judge of the Sexual Offences Court.6In this section, a “relevant judicial office” means—asheriff principal,bsheriff.
I7575 Remuneration and expenses of Judges of the Sexual Offences Court¶
1The Scottish Courts and Tribunals Service (“the SCTS”) may pay to a person appointed under section 74 such remuneration and allowances as the Scottish Ministers may determine.2The Scottish Ministers may determine different amounts of remuneration and different amounts of allowances for—adifferent persons so appointed, orbdifferent descriptions of persons so appointed.3The SCTS may pay to a person appointed under section 74 such sums as it may determine in respect of expenses reasonably incurred by the person in the performance of, or in connection with, the person’s duties.4The SCTS may—adetermine the circumstances in which such sums may be paid, andbdetermine different circumstances for different persons.
President and Vice President of the Sexual Offences Court¶
I7676 President and Vice President of the Sexual Offences Court¶
1The Lord Justice General may assume the office of President of the Sexual Offences Court.2If the Lord Justice General does not assume office under subsection (1), then the Lord Justice General must appoint—athe Lord Justice Clerk, orbone of the Judges of the Sexual Offences Court,to the office of President of the Sexual Offences Court.3The Lord Justice General must appoint—athe Lord Justice Clerk, orbone of the Judges of the Sexual Offences Court,to the office of Vice President of the Sexual Offences Court.4A person appointed under subsection (2)(b) must hold the office of Lord Commissioner of Justiciary.5A person may not hold the office of President and Vice President of the Sexual Offences Court at the same time.6The President and Vice President—aeach hold the respective office for such period as the Lord Justice General may determine,bmay at any time resign office—iby giving notice in writing to the Lord Justice General, oriiwhere the Lord Justice General resigns the office of President of the Sexual Offences Court, by publishing notice of that resignation.7The Lord Justice General may at any time remove the President or Vice President from office.8If a person holding office as President or Vice President is, for any period, suspended from office as—aLord Justice General,bLord Justice Clerk,cLord Commissioner of Justiciary,dtemporary judge, orea relevant judicial office mentioned in section 74(6),the person is also suspended from office as President or Vice President, as the case may be, for the same period.
I7777 President and Vice President: incapacity and suspension¶
1Subsection (2) applies during any period when the President of the Sexual Offences Court—ais unable (for any reason) to carry out the functions of the office, orbis suspended from office.2During the period mentioned in subsection (1)—athe functions of the President are to be carried out instead by the Vice President of the Sexual Offences Court, andbanything that falls to be done in relation to the President falls to be done instead in relation to the Vice President.3Subsection (4) applies during any period when both the President and the Vice President of the Sexual Offences Court—aare unable (for any reason) to carry out the functions of the President, orbare suspended from office.4During the period mentioned in subsection (3), subsection (2) does not apply and—athe Lord Justice General may undertake to carry out the functions of the President, if the Lord Justice General is not the President,bif the Lord Justice General does not undertake to carry out the functions of the President under paragraph (a), the Lord Justice General must direct that the functions of the President are to be carried out instead by—ithe Lord Justice Clerk, if the Lord Justice Clerk is not the President or Vice President, oriisuch Judge of the Sexual Offences Court (other than the President or Vice President) as the Lord Justice General may appoint to act in place of the President, andcanything that falls to be done in relation to the President falls to be done instead in relation to the person carrying out the functions of the President in accordance with this subsection.
I7878 President’s responsibility for efficient disposal of business¶
1The President of the Sexual Offences Court is responsible for ensuring the efficient disposal of business in the Sexual Offences Court.2The President must make such arrangements as appear necessary or expedient for the purpose of carrying out the responsibility imposed by subsection (1).3In particular, the President may provide for the allocation of business among the Judges of the Sexual Offences Court.4In 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.5In carrying out the responsibility imposed by subsection (1), the President may give a direction of an administrative character to—aa Judge of the Sexual Offences Court,ba member of staff of the Scottish Courts and Tribunals Service.6A person who receives a direction under subsection (5) must comply with the direction.7This section is subject to section 2(2)(a) and (2A) of the Judiciary and Courts (Scotland) Act 2008.
1More than one sitting of the Sexual Offences Court may take place at the same time, and at different places.2Sittings of the Sexual Offences Court may be held at any place in Scotland.3The President of the Sexual Offences Court may by order prescribe—athe number of sittings of the Sexual Offences Court that are to be held at each place at which they may be held, andbthe days on which, and the times at which, those sittings are to be held.4Before making an order under subsection (3), the President must consult—athe Lord Justice General, if the Lord Justice General is not the President,bthe Lord Advocate.5The President must publish notice of the matters prescribed by an order under subsection (3) in such manner as the President thinks appropriate in order to bring those matters to the attention of persons having an interest in them.6Subsection (3) is subject to section 2(2)(a) and (2A) of the Judiciary and Courts (Scotland) Act 2008.7In addition to those prescribed by order under subsection (3), the Sexual Offences Court must hold such further sittings as the Lord Advocate may require.
I8080 Transfer of cases to the Sexual Offences Court¶
1The 1995 Act is amended as follows.2After section 288BZA, insert—
.
I8181 Transfer of cases from the Sexual Offences Court¶
1This section applies when an accused person has been cited to attend a diet of the Sexual Offences Court.2On an application under subsection (3), the Sexual Offences Court may, on cause shown, make an order for the transfer of the proceedings to the High Court of Justiciary or a sheriff court with jurisdiction to hear the case, as specified in the application, and for an adjournment to a diet of that court (“a transfer order”).3An application may be made to the Sexual Offences Court for a transfer order—aby the prosecutor,bjointly by the prosecutor and the accused.4Where an application is made—aby the prosecutor under subsection (3)(a),bjointly by the prosecutor and the accused under subsection (3)(b), and there is another accused in the case who is not party to the application,the Sexual Offences Court must, before making a transfer order, give the accused, or the accused who is not party to the application, as the case may be, an opportunity to make representations about the application, whether orally or in writing.5An application under subsection (3) may be made—aat any time in the period beginning with the day on which the accused is served with an indictment and ending on the day on which the trial diet is first appointed,bon cause shown, at any time in the period beginning with the day after the period mentioned in paragraph (a) expires and ending on the day before the trial diet commences.6The Sexual Offences Court may consider an application under subsection (3) at a preliminary hearing.7At a preliminary hearing the Sexual Offences Court may ask the prosecutor and the accused any question in connection with any matter which is relevant to an application under subsection (3).8Section 74 of the 1995 Act applies to a decision—ato make a transfer order under this section,bnot to make such an order,whether or not such decision was made at a preliminary hearing.9Where a transfer order is made under this section, the preliminary hearing of the Sexual Offences Court is to be treated, for the purposes of section 65 of the 1995 Act, as—athe first diet of the sheriff court (in the case of transfer to the sheriff court), orbthe preliminary hearing of the High Court (in the case of transfer to the High Court).10In this section—
“first diet” is to be construed in accordance with section 66(6)(a) of the 1995 Act,
“preliminary hearing” is to be construed in accordance with section 66(6)(b) of that Act.
1Subject to subsections (2) and (7), a solicitor has a right of audience in the Sexual Offences Court only if the solicitor meets the requirement set out in subsection (4).2Where an indictment in the Sexual Offences Court includes one or more offence mentioned in subsection (3), then a solicitor has a right of audience in respect of that indictment only if, in addition to meeting the requirement set out in subsection (4), the solicitor has a right of audience in the High Court of Justiciary under section 25A of the Solicitors (Scotland) Act 1980.3The offences are—athe offence of—imurder,iiattempted murder,iiirape,ivattempted rape,ban offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018 where the alleged course of behaviour includes behaviour which would amount to an offence under section 1 of the Sexual Offences (Scotland) Act 2009,can offence in relation to which the minimum sentence which may be imposed (whether by virtue of enactment or otherwise) is a period of imprisonment of at least 5 years,dan offence in relation to which the accused is being retried as a result of an application by the Lord Advocate under section 4(3)(b) of the Double Jeopardy (Scotland) Act 2011.4The requirement is that the solicitor has completed (whether before this section comes into force or otherwise) an approved course of training on trauma-informed practice in sexual offence cases.5The Council of the Law Society of Scotland must keep, and make publicly available, a record of the solicitors who have a right of audience in the Sexual Offences Court in accordance with this section.6In this section and section 83, an “approved course of training” means a training course which is approved by the Lord Justice General for the purpose of acquiring rights of audience in the Sexual Offences Court.7Nothing in this section affects the right of a prosecutor to appear in the Sexual Offences Court by virtue of a commission from the Lord Advocate.8The Scottish Ministers may, by regulations, modify the list in subsection (3) so as to—aadd an offence or description of an offence,bremove an entry listed in it,camend an entry listed in it.9Before making regulations under subsection (8), the Scottish Ministers must consult—athe Lord Justice General,bthe Scottish Courts and Tribunals Service,cthe Scottish Legal Aid Board,dthe Law Society of Scotland,ethe Faculty of Advocates,fsuch persons providing victim support services as the Scottish Ministers consider appropriate.10In this section and in section 85, “victim support services” has the meaning given by section 3D(5) of the Victims and Witnesses (Scotland) Act 2014.
1Subject to subsection (4), an advocate has a right of audience in the Sexual Offences Court only if the advocate meets the requirement set out in subsection (2).2The requirement is that the advocate has completed (whether before this section comes into force or otherwise) an approved course of training on trauma-informed practice in sexual offence cases.3The Faculty of Advocates must keep a record of the advocates who have a right of audience in the Sexual Offences Court in accordance with this section.4Nothing in this section affects the right of a prosecutor to appear in the Sexual Offences Court by virtue of a commission from the Lord Advocate.
I8484 Statement of training requirement for prosecutors¶
1The Lord Advocate must make available to the public a statement setting out any training on trauma-informed practice in sexual offence cases which prosecutors will be required to complete in order to conduct proceedings in the Sexual Offences Court.2The Lord Advocate may from time to time revise the statement.3In this section and in sections 82 and 83, “prosecutor” means Lord Advocate, Solicitor General, Crown Counsel or procurator fiscal (and any person duly authorised to represent or act for them).
1The Scottish Ministers must, as soon as reasonably practicable following the expiry of the review period—acarry out a review in relation to legal representation in the Sexual Offences Court including, in particular, in relation to—irights of audience,iilegal representation of accused persons, andiiithe provision of legal aid to accused persons, including the granting of sanction for counsel,bpublish a report setting out the findings of the review, andclay a copy of the report before the Scottish Parliament.2In carrying out the review, the Scottish Ministers must consult—athe Lord Justice General,bthe Scottish Courts and Tribunals Service,cthe Scottish Legal Aid Board,dthe Law Society of Scotland,ethe Faculty of Advocates,fsuch persons providing victim support services as the Scottish Ministers consider appropriate.3In this section, “review period” means the period of 5 years beginning with the day on which this Part comes fully into force.
1The Scottish Courts and Tribunals Service must appoint a person who holds, or has previously held, a relevant office to hold office as Clerk of the Sexual Offences Court.2A person's appointment as Clerk of the Sexual Offences Court does not affect the person's appointment to the relevant office.3A person's appointment as Clerk of the Sexual Offences Court—alasts for such period, andbis on such other terms and conditions,as the Scottish Courts and Tribunals Service may determine.4In this section, a “relevant office” means—aAccountant of Court,bPrincipal Clerk of Session,cother Clerk or officer of the Court of Session,dPrincipal Clerk of Justiciary,eDepute, Assistant or other Clerk in the Justiciary Office of the High Court of Justiciary,fsheriff clerk,gsheriff clerk depute.
1The Scottish Courts and Tribunals Service may appoint persons to be Deputy Clerks of the Sexual Offences Court.2The number of Deputy Clerks is for the Scottish Courts and Tribunals Service to determine.3A person's appointment as Deputy Clerk—alasts for such period, andbis on such other terms and conditions,as the Scottish Courts and Tribunals Service may determine.4A person may hold office as a Deputy Clerk of the Sexual Offences Court at the same time as holding office as clerk, or deputy or assistant clerk, of another court.
I8888 Clerk and Deputy Clerks: further provisions¶
1A person may be appointed as Clerk of the Sexual Offences Court under section 86(1), or Deputy Clerk of the Sexual Offences Court under section 87(1), only if they have completed (whether before this section comes into force or otherwise) an approved course of training on trauma-informed practice in sexual offence cases.2The Clerk and Deputy Clerks of the Sexual Offences Court are also members of staff of the Scottish Courts and Tribunals Service.3Accordingly, a reference in any enactment to the staff of the Scottish Courts and Tribunals Service includes, except where the context requires otherwise, a reference to the Clerk and Deputy Clerks of the Sexual Offences Court.4The Clerk of the Sexual Offences Court may, with the consent of the Scottish Courts and Tribunals Service, delegate the carrying out of any of the Clerk's functions to—aa Deputy Clerk of the Sexual Offences Court, orbany other member of staff of the Scottish Courts and Tribunals Service.5Subsection (6) applies in relation to any period during which—athe office of Clerk of the Sexual Offences Court is vacant, orbthe holder of that office is for any reason unable to carry out the functions of the office.6The Scottish Courts and Tribunals Service may make arrangements for the functions of the Clerk of the Sexual Offences Court to be carried out during the period referred to in subsection (5) by—aa Deputy Clerk of the Sexual Offences Court, orbany other member of staff of the Scottish Courts and Tribunals Service.7The Scottish Courts and Tribunals Service may give such instructions to the Clerk of the Sexual Offences Court, or a person carrying out the Clerk's functions under subsection (6), as it considers necessary for the purposes of this Act, and the Clerk or, as the case may be, such person must comply with any such instructions.8In this section, “approved course of training” means a training course which is approved by the Lord Justice General for the purpose of appointment to the office of Clerk or Deputy Clerk of the Sexual Offences Court.
1The Public Records (Scotland) Act 1937 is amended as follows.2After section 1 (High Court and Court of Session records), insert—
.
I9090 Sexual Offences Court records: authentication and electronic form¶
1A record of the Sexual Offences Court is authenticated by being signed by—aa Judge of the Sexual Offences Court, orbthe Clerk of the Sexual Offences Court.2A record authenticated in accordance with subsection (1), or a certified copy of such a record or of an extract of such a record, is sufficient evidence of the facts recorded in the record.3The Sexual Offences Court may keep (and produce) records in electronic form.4For the purposes of this section, a reference to a record or a copy of a record being signed or, as the case may be, certified, includes a reference to the record or copy being authenticated by means of—aan electronic signature, orbsuch other means of authentication as may be specified for that purpose by act of adjournal.5Before making an act of adjournal under subsection (4)(b), the High Court of Justiciary must consult the Keeper of the Records of Scotland.6In this section—
“certified copy” means a copy certified by the Clerk of the Sexual Offences Court as a true copy,
“electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document,
“record” means any interlocutor, decree, minute or other document by which the proceedings and decisions of the Sexual Offences Court are recorded.
1The provisions of the 1995 Act apply to proceedings in the Sexual Offences Court as though the proceedings were taking place in the High Court of Justiciary (and references are to be construed accordingly) except where and to the extent that the provisions of the 1995 Act are inconsistent with provision made by or under this Act.2The Scottish Ministers may, by regulations, make further provision for the procedure which applies to proceedings in the Sexual Offences Court for the purpose of ensuring the proper functioning of the Court.3Before making regulations under subsection (2), the Scottish Ministers must consult the Lord Justice General.4Regulations under subsection (2) may modify any enactment (including this Act).5The High Court may by act of adjournal make any incidental, supplementary, consequential, transitional, transitory or saving provision it considers appropriate, including modifying any enactment (including this Act), for the purposes of, in connection with or for giving full effect to this Part and any provision made under it.6Subsection (5) is without prejudice to section 305 of the 1995 Act.
1An accused is prohibited from conducting their own case in person at, or for the purposes of, any hearing in the course of proceedings in the Sexual Offences Court at which a witness is to give evidence.2If, at any point in the proceedings, the Sexual Offences Court—aascertains that an accused does not have a solicitor to conduct the accused’s case at, or for the purposes of, any hearing at which a witness is to give evidence, andbis not satisfied that the accused intends to engage a solicitor to do so,the Court must appoint a solicitor to conduct the accused’s case.3The Sexual Offences Court may only appoint a solicitor who has a right of audience in the Court in accordance with section 82.4An appointed solicitor—ais to ascertain and act upon the instructions of the accused,bin the event that the accused gives no instructions, or gives instructions that are inadequate or perverse, is to act in the accused’s best interests,cis not obliged to comply with any instruction by the accused to dismiss counsel.5An appointed solicitor—amay not be dismissed by the accused,bmay be relieved from the appointment by the Sexual Offences Court if the Court is satisfied that the solicitor is no longer able to act upon the accused’s instructions or in the accused’s best interests, and the Court must appoint another solicitor to conduct the accused’s case.
1In its application to proceedings in the Sexual Offences Court, the 1995 Act is modified in accordance with this section.2Part 12 of the 1995 Act has effect as if—aafter section 271A, there were inserted—
,
bin section 271I—iin subsection (1ZA), paragraph (b) were omitted,iisubsections (1ZB), (1ZC) and (1ZD) were omitted,iiiin subsection (1A), for “ground rules hearing” there were substituted “vulnerable witness ground rules hearing”,ivin subsection (7), for “person described in subsection (8) below.” there were substituted “Judge of the Sexual Offences Court.”,vsubsection (8) were omitted.
1The Sexual Offences Court must enable all of a vulnerable complainer’s evidence to be given in advance of a hearing at which the complainer would otherwise be required to give evidence, unless the Court is satisfied that an exception is justified under subsection (3) or (4).2For the purposes of this section, the Sexual Offences Court enables all of the vulnerable complainer’s evidence to be given in advance of the hearing if it—amakes an order authorising—ithe taking of the vulnerable complainer’s evidence by a commissioner in accordance with section 95,iithe admission of the record of a prior examination of the vulnerable complainer as the vulnerable complainer’s evidence in accordance with section 96,iiithe giving of evidence in chief by the vulnerable complainer in the form of a statement in accordance with section 97, andbdoes not authorise—ithe giving of any of the vulnerable complainer’s evidence other than in accordance with such order,iithe use of an incompatible special measure for the purpose of taking any of the vulnerable complainer’s evidence.3An exception is justified under this subsection if—athe giving of all of the vulnerable complainer’s evidence in advance of the hearing would give rise to a significant risk of prejudice to the fairness of the hearing or otherwise to the interests of justice, andbthat risk significantly outweighs any risk of prejudice to the interests of the vulnerable complainer if the complainer were to give evidence at the hearing.4An exception is justified under this subsection—aif—ithe vulnerable complainer is aged under 18 on the date of commencement of the proceedings in which the hearing is being or is to be held (“the date of commencement”),iihaving had access to such relevant information as may be prescribed by Act of Adjournal, the vulnerable complainer expresses a wish to give evidence at the hearing, andiiiit would be in the vulnerable complainer’s best interests to give evidence at the hearing, orbif the vulnerable complainer is aged 18 or over on the date of commencement and, having had access to such relevant information as may be prescribed by Act of Adjournal, expresses a wish to give evidence at the hearing.5Section 271A of the 1995 Act applies in relation to a vulnerable complainer giving evidence at, or for the purposes of, a hearing in the Sexual Offences Court as it applies to a child witness or deemed vulnerable witness giving evidence in accordance with subsection (1) of that section.6In this section, “incompatible special measure” means a measure set out in, or prescribed under, section 271H of the 1995 Act which is capable of being used only if the complainer gives evidence at the hearing (whether or not its use would require the complainer to be present in the courtroom).7In this section and in section 95, 96 and 97—aa “complainer” in proceedings is the person against whom the offence to which the proceedings relate is alleged to have been committed,ba complainer is a vulnerable complainer if a sexual offence to which the proceedings relate is alleged to have been committed against that complainer.8In this section and in section 96, a “prior examination” means a hearing at which the vulnerable complainer gave evidence before a commissioner.
1Where an order is made under section 94(2)(a)(i) for the taking of evidence by a commissioner, the Sexual Offences Court must appoint a Judge of the Sexual Offences Court as commissioner to take the evidence of the vulnerable complainer.2When appointing a commissioner under subsection (1), the Sexual Offences Court must fix a date for proceedings before the commissioner.3Proceedings before a commissioner appointed under subsection (1) must, if the Sexual Offences Court so directs when authorising such proceedings or if it so directs at the vulnerable witness ground rules hearing, take place by means of a live television link between the place where the commissioner is taking, and the place from which the vulnerable complainer is giving, evidence.4An audio-visual recording must be made of proceedings before a commissioner.5An accused—amay not, except by leave of the Sexual Offences Court on special cause shown, be present—iin the room where the proceedings are taking place,iiif the proceedings are taking place by means of a live television link, in the same room as the vulnerable complainer, butbis entitled to watch and hear the proceedings by such means as the Sexual Offences Court considers appropriate.6The recording of the proceedings made in accordance with subsection (4) is to be received in evidence without being sworn to by witnesses.7Subsection (8) applies where a vulnerable complainer is to give evidence at or for the purposes of a hearing in the Sexual Offences Court.8It is not necessary for an indictment to have been served before—aa party may lodge a vulnerable witness notice under section 271A(2) of the 1995 Act (as it applies in relation to a vulnerable complainer giving evidence at or for the purposes of a hearing in the Sexual Offences Court by virtue of section 94(5)) which specifies the giving of the vulnerable complainer’s evidence by commissioner as the special measure or one of the special measures which the party considers to be the most appropriate for the purpose of taking the vulnerable complainer’s evidence in advance,bthe Sexual Offences Court may make an order under section 94(2)(a)(i), whether on its own or in combination with any other order,ca court may appoint a commissioner under subsection (1),dproceedings may take place before the commissioner appointed under subsection (1).9Subject to subsection (10), sections 274, 275, 275B (except subsection (2)(b)), 275C, 288E and 288F of the 1995 Act apply in relation to proceedings before a commissioner in the Sexual Offences Court as they apply (by virtue of section 91(1)) in relation to a trial in the Sexual Offences Court.10In the application of those sections in relation to proceedings before a commissioner in the Sexual Offences Court—athe commissioner acting in the proceedings is to perform the functions of the court as provided for in those sections,breferences in those sections—iexcept section 275(3)(c) and (7)(c), to a trial or a trial diet,iiexcept sections 275(3)(e) and 288F(2), (3), and (4), to the courtare to be read accordingly.
I9696 Admission of the record of a prior examination of vulnerable complainer as evidence¶
1This section applies where an order is made under section 94(2)(a)(ii) for the admission of the record of a prior examination of the vulnerable complainer as the vulnerable complainer’s evidence in full.2A record of a prior examination which is lodged in evidence by or on behalf of the prosecution in accordance with this section is admissible as the vulnerable complainer’s evidence without the vulnerable complainer being required to adopt or otherwise speak to the record in giving evidence in the Sexual Offences Court.3The record of the prior examination is to be received in evidence without being sworn to by witnesses.4The prior examination must have taken place before a commissioner—ain the course of proceedings other than the proceedings to which the order relates, andbunder—isection 271I of the 1995 Act, in respect of prior proceedings in the High Court of Justiciary or the sheriff court, oriisection 95 of this Act, in respect of prior proceedings in the Sexual Offences Court.5Subsection (6) applies where a vulnerable witness notice is lodged under section 271A(2) of the 1995 Act specifying admission of the record of a prior examination as evidence in accordance with this section as the special measure by which the vulnerable complainer’s evidence is to be given.6Where this subsection applies, the Sexual Offences Court may, on application by a party to the proceedings, allow questioning of the vulnerable complainer to take place only if satisfied that—athere are questions relevant to the proceedings which were not put to the vulnerable complainer, and could not reasonably have been expected to have been put to the vulnerable complainer, in the course of the prior examination,bto refuse the application would give rise to a significant risk of prejudice to the fairness of the proceedings or otherwise to the interests of justice, andcthat risk would significantly outweigh any risk of prejudice to the interests of the vulnerable complainer if the application were granted.7An application to allow questioning of the vulnerable complainer under subsection (6) may be granted in whole or in part.8Where an application to allow questioning of the vulnerable complainer is granted under subsection (6), the Sexual Offences Court must, unless satisfied that an exception is justified under section 94(4)—aappoint a Judge of the Sexual Offences Court as commissioner to take the evidence of the vulnerable complainer,bfix a date for proceedings before the commissioner.9Section 95 (other than subsections (1) and (2)) applies to proceedings before a commissioner under subsection (8) as it applies where an order is made under section 94(2)(a)(i) for the taking of evidence by a commissioner.
I9797 Giving evidence in the form of a prior statement¶
1This section applies where an order is made under section 94(2)(a)(iii) for the giving of evidence by the vulnerable complainer in the form of a statement made in advance of a hearing (“a vulnerable complainer’s prior statement”).2A vulnerable complainer’s prior statement which is lodged in evidence by or on behalf of the prosecution in accordance with this section is admissible as the vulnerable complainer’s evidence in chief, or as part of the vulnerable complainer’s evidence in chief, without the vulnerable complainer being required to adopt or otherwise speak to the statement in giving evidence in the Sexual Offences Court.3Subject to subsection (4) a vulnerable complainer’s prior statement—ais admissible as evidence of any matter stated in it of which direct oral evidence by the vulnerable complainer would be admissible if given in the course of proceedings,bdoes not require to be included in any list of productions lodged by the prosecutor.4A vulnerable complainer’s prior statement is not admissible under this section unless—athe statement is contained in a document,bat the time the statement was made, the vulnerable complainer would have been a competent witness in the proceedings.5Subsection (4) does not apply to a vulnerable complainer’s prior statement which is sufficiently authenticated and—ais contained in a precognition on oath, orbwas made in other proceedings, whether criminal or civil and whether taking place in the United Kingdom or elsewhere.6This section does not affect the admissibility of any statement made by any person which is admissible otherwise than by virtue of this section.7For the purposes of this section—aa “statement” includes—iany representation, however made or expressed, of fact or opinion,iiany part of a statement,but does not include a statement in a precognition other than a precognition on oath.ba statement is contained in a document where the person who makes it—imakes the statement in the document personally,iimakes a statement which is, with or without the person’s knowledge, recorded in a document by a person who has direct personal knowledge of the making of the statement, oriiiapproves a document as embodying the statement,c“document” includes, in addition to a document in writing—iany map, plan, graph or drawing,iiany photograph,iiiany disc, tape, sound track or other device in which sounds or other data (other than visual images) are recorded so as to be capable of being reproduced,ivany film (including microfilm), negative, tape, disc or other device in which one or more visual images are recorded so as to be capable of being reproduced.
I9898 Statutory offences: art and part and aiding and abetting¶
1The Sexual Offences Court may convict an accused person of a contravention of any enactment notwithstanding that the person was guilty of such contravention as art and part only.2For the purposes of the Sexual Offences Court, a person who aids, abets, counsels, procures or incites any other person to commit an offence against the provisions of any enactment commits an offence and is liable on conviction, unless the enactment otherwise requires, to the same punishment as if the person had committed the offence against the provisions of the enactment.
I9999 Sentencing power of the Sexual Offences Court¶
The Sexual Offences Court may impose on a person that it convicts of an offence any sentence which the High Court of Justiciary would be entitled to impose on the person in respect of the offence for which the person has been convicted.
I100100 Exception to rule against double jeopardy in the Sexual Offences Court: new evidence¶
1The Double Jeopardy (Scotland) Act 2011 is amended as follows.2In section 4 (new evidence)—ain subsection (1), after “High Court” insert “or the Sexual Offences Court”,bin subsection (3)(b)(ii), after “High Court” insert “or, as the case may be, the Sexual Offences Court”.3In section 9(2) (plea in bar of trial: nullity of previous trial)—abefore paragraph (a) insert—
,
bin the closing words, before “sheriff” insert “Judge of the Sexual Offences Court,”.
Part 8 Special measures for vulnerable witnesses under the 1995 Act¶
I101101 Vulnerable witnesses under the 1995 Act: admission of the record of a prior examination as evidence in full¶
1The 1995 Act is amended as follows.2In section 271H(1) (the special measures), after paragraph (a), insert—
.
3After section 271I, insert—
.
I102I193102 Child witnesses under the 1995 Act: exception to presumption in favour of special measures¶
1The 1995 Act is amended as follows.2In section 271BZA(8) (child witnesses in certain solemn cases: special measures), paragraph (a) is repealed.3In section 271BZB(5) (child witnesses in certain solemn cases: modifications of section 271A), in inserted subsection (10F), paragraph (a) is repealed.4In section 271BZC(2) (child witnesses in certain solemn cases: modifications of section 271D), in inserted subsection (4H), paragraph (a) is repealed.
I103I194103 Vulnerable witnesses under the 1995 Act: supplementary provision in relation to child witnesses¶
1The 1995 Act is amended as follows.2In section 271E, subsection (3) is repealed.
I104104 Sexual offences cases: anonymity and restriction on publications¶
1The Criminal Justice (Scotland) Act 2016 is amended as follows.2After section 106, insert—
.
3The 1995 Act is amended as follows.4In section 47 (restriction on report of proceedings involving children)—ain subsection (1), after “below” insert “and to section 47A”,bin subsection (2), after “below” insert “and to section 47A”.5After that section insert—
.
Restrictions on evidence relating to sexual offences¶
I105105 Restrictions on evidence relating to sexual offences¶
1The 1995 Act is amended as follows.2In section 274 (restrictions on evidence relating to sexual offences)—ain subsection (1), for “charged with an offence to which section 288C of this Act” substitute “to whom subsection (1A)”,bafter subsection (1), insert—
,
cin subsection (2), for the definition of “complainer” (and “and” immediately following it) substitute—
I106106 Applications to admit certain evidence relating to sexual offences: rights of complainers¶
1The 1995 Act is amended as follows.2In section 275 (exceptions to restrictions under section 274)—aafter subsection (4) insert—
,
bafter subsection (9) insert—
.
3After section 275 insert—
.
4In section 275B (provisions supplementary to sections 275 and 275A), in subsection (1)—ain paragraph (a), for “7” substitute “21”,bfor paragraph (b) substitute—
,
cin the section title, for “275 and 275A” substitute “275 to 275A”.5In section 271I (taking of evidence by a commissioner), in subsection (6)(c), for “7” substitute “21”.6In section 74 (appeals in connection with preliminary diets), after subsection (1) insert—
I107107 Circumstances in which non-harassment order must be considered by court¶
1The 1995 Act is amended as follows.2In section 234AZA (non-harassment orders: domestic abuse cases)—ain subsection (2)(c), before sub-paragraph (i) insert—
,
bin subsection (3)(a), for “in any circumstances” substitute “where the offence is one listed in subsection (2)(c)(zii), (i) or (ii)”,cin the section title, for “domestic abuse cases” substitute “consideration by court in certain cases”.
1The 1995 Act is modified as follows.2In section 234AZA (non-harassment orders: domestic abuse cases), after subsection (6) insert—
.
Part 11 Enforcement of protective orders made outwith Scotland¶
I109109 Offences relating to protective orders made outwith Scotland¶
1A person commits an offence if the person knowingly and without reasonable excuse—adoes anything which the person is prohibited from doing by a relevant UK order, orbfails to do something which the person is required to do by such an order.2A person commits an offence if the person knowingly and without reasonable excuse aids, abets, counsels, procures or incites another person—ato do anything the other person is prohibited from doing by a relevant UK order, orbto fail to do something which the other person is required to do by such an order.3A person commits an offence under this section only if the conduct or failure to act would have constituted an offence under the law of the country applicable to the relevant UK order concerned (an “equivalent offence”).4A relevant UK order is—aan order under section 42 of the Family Law Act 1996 (non-molestation order),ban order under section 5A of the Protection from Harassment Act 1997 (restraining order on acquittal),can order under article 20 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) (non-molestation order),dan order under section 2 or section 5 of the Stalking Protection Act 2019 (stalking protection order and interim stalking protection order),ean order under section 360 of the Sentencing Act 2020 (restraining order),fan order under section 8 or 11 of the Protection from Stalking Act (Northern Ireland) 2022 (stalking protection order and interim stalking protection order),gany other order under the law of England and Wales or Northern Ireland which—iappears to the Scottish Ministers to be intended to protect persons (including victims, witnesses or, as the case may be, family members of victims or witnesses) from physical or psychological harm (including fear, alarm and distress), andiiis of a type specified in regulations made by the Scottish Ministers.5Subjection to subsection (6), a person who commits an offence under this section is liable—aon summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),bon conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).6But no sentence may be imposed under subsection (5) if it would exceed the maximum penalty available, in relation to the equivalent offence, under the law of the country applicable to the relevant UK order concerned.7The power of the Scottish Ministers to make regulations under subsection (4)(g)(ii) includes the power—ato make different provision for different purposes,bto make any incidental, supplementary, consequential, transitional, transitory or saving provision which they consider appropriate.8Regulations under subsection (4)(g)(ii) are subject to the affirmative procedure.
I110110 Review in relation to connected proceedings¶
1The Scottish Ministers must, within the period of 2 years beginning with the day on which this section comes into force, carry out a review in relation to proceedings for an offence involving domestic abuse where there are any other related or connected proceedings.2The review under subsection (1) must, in particular, consider whether—amore information should be shared between the court dealing with the domestic abuse offence and any other court dealing with related or connected proceedings,bthe court dealing with the domestic abuse offence should also have jurisdiction over any related or connected proceedings.3For the purposes of subsection (1), “related or connected proceedings” includes proceedings which may result in a sheriff making an order under section 11 (court orders relating to parental responsibilities etc.) of the Children (Scotland) Act 1995, where the subject of the proceedings is a child of the alleged offender.4As soon as reasonably practicable after completing the review, the Scottish Ministers must—apublish a report of the review,blay a copy of the report before the Scottish Parliament.5In carrying out the review under subsection (1), the Scottish Ministers must consult—athe Lord President,bthe Scottish Courts and Tribunals Service,cpersons representing victims of domestic abuse (or victims themselves),dsuch other persons as the Scottish Ministers consider appropriate.6In this section, an “offence involving domestic abuse” means—aan offence under section 1(1) (abusive behaviour towards partner or ex-partner) of the Domestic Abuse (Scotland) Act 2018,ban offence under section 17 (breach of domestic abuse protection order) of the Domestic Abuse (Protection) (Scotland) Act 2021,cany other offence where the offence is aggravated as described in section 1(1)(a) (aggravation where abuse of partner or ex-partner) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.
1The Scottish Ministers must, as soon as reasonably practicable after the end of each review period—aundertake a review of the operation of this Act, andbprepare a report—ion that review,iisetting out any changes to the law relating to corroboration in Scotland, whether by enactment or otherwise, which have taken place during the relevant review period, andiiisetting out measures taken to improve the experiences of victims and witnesses, in particular women, within the justice system during the relevant review period.2The Scottish Ministers must, as soon as reasonably practicable after preparing the report—apublish the report, andblay the report before the Scottish Parliament.3In undertaking a review under subsection (1)(a), the Scottish Ministers must consult—athe Lord President,bthe Scottish Courts and Tribunals Service,cthe chief constable of the Police Service of Scotland,dthe Scottish Legal Aid Board,ethe Law Society of Scotland,fthe Faculty of Advocates,gpersons representing the views of victims and witnesses in criminal proceedings, in particular women (or victims and witnesses themselves),hpersons providing victim support services, within the meaning of section 3D(5) of the 2014 Act,ipersons representing the views of witnesses and parties in civil proceedings, in particular women (or witnesses and parties themselves),jsuch other persons as the Scottish Ministers consider appropriate.4For the purposes of this section, “review period” means—athe period of 5 years beginning with the day of Royal Assent,bone subsequent period of 5 years.
1Any power of the Scottish Ministers to make regulations under this Act includes the power to make—aincidental, supplementary, consequential, transitional, transitory or saving provision,bdifferent provision for different purposes.2Subject to subjections (3) to (5), regulations under this Act are subject to the affirmative procedure.3Regulations under section 13(5) are subject to the negative procedure.4Regulations under section 113(1)—aare subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act),botherwise, are subject to the negative procedure.5This section does not apply to regulations under section 116(2).
1The Scottish Ministers may, by regulations, make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.2Regulations under subsection (1) may modify any enactment (including this Act).
1This section and sections 112, 113, 114 and 117 come into force on the day after Royal Assent.2The other provisions of this Act come into force on such day as the Scottish Ministers may, by regulations, appoint.3Regulations under subsection (2) may—ainclude transitional, transitory or saving provision,bmake different provision for different purposes, including different provision for—idifferent courts or descriptions of court,iidifferent proceedings or types of proceedings,iiidifferent descriptions of witness,cmake different provision for different areas.
1The Commissioner is, as Commissioner, to be regarded as a juristic person distinct from the individual for the time being holding the office.2The Commissioner—ais not a servant or agent of the Crown, andbdoes not enjoy any status, immunity, or privilege of the Crown.3The Commissioner’s property is not to be regarded as property of, or property held on behalf of, the Crown.4Individuals working as the Commissioner’s staff are not, on that account, to be regarded as civil servants.
1The Commissioner is not, except as provided in the provisions listed in sub-paragraph (2), subject to the direction or control of—aany member of the Scottish Parliament,bthe Scottish Ministers, orcthe Parliamentary corporation.2The provisions referred to in sub-paragraph (1) are—asections 5(2) and (3), 7(2), and 18(5), andbparagraphs 5, 6(3), 8, 9, 10, 11, 12, 13(1), 15(1), 16(1) and (2), 17(1) and (4), and 18(2) of this schedule.
Part 2 Appointment, termination and terms and conditions¶
1The office of Commissioner is to be held by an individual appointed by His Majesty on the nomination of the Scottish Parliament.2An individual may not be appointed to hold the office of Commissioner if the individual is disqualified under paragraph 4.3An individual who holds or has held the office of Commissioner may not be reappointed.
An individual is disqualified from holding the office of Commissioner if the individual is or, within the year preceding the date on which the appointment is to take effect, has been—aa member of the Scottish Parliament,ba member of the House of Commons,ca member of the House of Lords, orda person who is, or who is a member, employee or appointee of, a criminal justice body.
Subject to paragraph 6, the Commissioner holds office for such period, not exceeding 8 years, as the Parliamentary corporation determines at the time of appointment.
1The Commissioner’s appointment ends if—athe Commissioner is relieved of office by His Majesty at the Commissioner’s request,bthe Commissioner becomes disqualified from holding office (see paragraph 4), orcthe Commissioner is removed from office in accordance with sub-paragraph (2).2The Commissioner may be removed from office by His Majesty if—aeither of the conditions in sub-paragraph (3) is met, andbthe number of members voting in favour of the resolution referred to in the condition in question is at least two thirds of the total number of seats for members of the Scottish Parliament.3The conditions are—athat—ithe Parliamentary corporation is satisfied that the Commissioner has breached the Commissioner’s terms and conditions of appointment, andiithe Parliament resolves that the Commissioner should be removed from office for that breach,bthe Parliament resolves that it has lost confidence in the Commissioner’s willingness, suitability or ability to perform the Commissioner’s functions.
The validity of anything done by the Commissioner is not affected by—aa defect in the nomination of the Commissioner,bthe disqualification of an individual as the Commissioner after appointment.
1The Parliamentary corporation may pay the Commissioner such remuneration and allowances (including expenses) as the Parliamentary corporation determines.2The Parliamentary corporation must indemnify the Commissioner in respect of any liabilities incurred by the Commissioner in the exercise of the Commissioner's functions.3The Parliamentary corporation may pay, or make arrangements for the payment of, such pensions, allowances and gratuities to, or in respect of, any individual who holds or has held the office of Commissioner as the Parliamentary corporation determines.4Those arrangements may include—amaking payments towards the provision of those pensions, allowances and gratuities,bproviding and maintaining schemes for the payment of those pensions, allowances and gratuities.5The reference in sub-paragraph (3) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.
1The Parliamentary corporation may, subject to any provision made by this Act, determine the terms and conditions on which the Commissioner is appointed.2Those terms and conditions may—aprohibit the Commissioner from holding any other specified office, employment or appointment or engaging in any other specified occupation,bprovide that the Commissioner's holding of any such office, employment or appointment or engagement in any such occupation is subject to the approval of the Parliamentary corporation.3In sub-paragraph (2)(a), “specified” means specified (by name or description) in the Commissioner's terms and conditions.
1This paragraph applies during any period when—athe office of Commissioner is vacant, orbthe individual holding the office is for any reason unable to perform the Commissioner's functions.2The Parliamentary corporation may appoint an individual to act as the Commissioner during that period.3An individual is eligible for appointment under sub-paragraph (2) only if the individual is not—aprevented from being reappointed to the office of Commissioner by virtue of paragraph 3(3),bdisqualified from holding the office of Commissioner under paragraph 4.4An individual appointed under sub-paragraph (2)—ais appointed on such terms and conditions, and for such period, as the Parliamentary corporation determines,bwhile acting as Commissioner is to be treated as the Commissioner for all purposes except those of paragraphs 5, 6, and 8(3).5An appointment under sub-paragraph (2) ends if—athe individual is relieved of office by the Parliamentary corporation at the individual's request, orbthe individual is removed from office by the Parliamentary corporation by notice in writing.
Staff appointed by the Commissioner are appointed on such terms and conditions as the Commissioner, with the approval of the Parliamentary corporation, determines.
1The Commissioner may, with the approval of the Parliamentary corporation, pay or make arrangements for the payment of pensions, allowances and gratuities to, or in respect of, any individual who is or has been a member of staff of the Commissioner.2Those arrangements may include—amaking payments towards the provision of those pensions, allowances and gratuities,bproviding and maintaining schemes for the payment of those pensions, allowances and gratuities.3The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.
1The Commissioner may authorise any person to perform such of the Commissioner's functions (and to such extent) as the Commissioner determines.2The giving of authority under sub-paragraph (1) does not—aaffect the Commissioner's responsibility for the performance of the functions,bprevent the Commissioner from performing the functions.
1The Commissioner must comply with any direction given to the Commissioner by the Parliamentary corporation in relation to—athe location of the Commissioner’s office,bthe sharing of premises, staff, services or other resources with any other officeholder or any public body.2A direction under this section may vary or revoke a previous direction.3The Parliamentary corporation is to make any direction under this section publicly available.
1The Commissioner must, before the start of each financial year—aprepare proposals for the Commissioner’s use of resources and expenditure during the year (a “budget”), andbby such date as the Parliamentary corporation determines, send the budget to it for approval.2The Commissioner may, in the course of a financial year, prepare a revised budget for the remainder of the year and send it to the Parliamentary corporation for approval.3In preparing a budget or revised budget, the Commissioner must ensure that the Commissioner’s resources will be used economically, efficiently and effectively.4A budget or revised budget must contain a statement confirming that the Commissioner has complied with the duty under sub-paragraph (3).
1The Parliamentary corporation must designate the Commissioner or a member of the Commissioner’s staff as the accountable officer.2The functions of the accountable officer are—asigning the accounts of the expenditure and receipts of the Commissioner,bensuring the propriety and regularity of the finances of the Commissioner,censuring that the resources of the Commissioner are used economically, efficiently and effectively, anddwhere the accountable officer is not the Commissioner, the duty set out in sub-paragraph (3).3The duty referred to in sub-paragraph (2)(d) is a duty, where the accountable officer is required to act in a way that the accountable officer considers would be inconsistent with the proper performance of the functions specified in sub-paragraph (2)(a) to (c), to—aobtain written authority from the Commissioner before taking the action, andbsend a copy of that authority as soon as possible to the Auditor General for Scotland.4The accountable officer is answerable to the Scottish Parliament for the performance of the functions specified in sub-paragraph (2).
1The Commissioner must—akeep proper accounts and accounting records,bprepare in respect of each financial year a statement of accounts, andcsend a copy of the statement to the Auditor General for Scotland for auditing.2The Commissioner must comply with any directions from the Scottish Ministers in relation to the matters mentioned in sub-paragraph (1)(a) and (b).3The Commissioner must make the audited statement of accounts available, without charge, for inspection by any person upon request.
Application of public authorities legislation to the office of Victims and Witnesses Commissioner for Scotland
(introduced by section 24)
I1361 Scottish Public Services Ombudsman Act 2002¶
In Part 2 of schedule 2 of the Scottish Public Services Ombudsman Act 2002 (other Scottish public authorities liable to investigation), after paragraph 54 insert—
In Part 7 of schedule 1 of the Freedom of Information (Scotland) Act 2002 (Scottish public authorities to which the Act applies), after paragraph 105, insert—
In schedule 5 of the Public Services Reform (Scotland) Act 2010 (Scottish public authorities with mixed or no reserved functions to which Part 2 order-making powers apply), after the entry relating to the Standards Commission for Scotland, insert— “Victims and Witnesses Commissioner for Scotland”.
In the schedule of the Public Records (Scotland) Act 2011 (other authorities to which Part 1 applies), before the entry relating to VisitScotland, insert—
In Part 3 of the schedule of the Procurement Reform (Scotland) Act 2014 (other contracting authorities to which the Act applies), after paragraph 67 insert—
Part 1 Right of eligible persons to receive information in event of death or incapacity of victim¶
I14111The Criminal Justice (Scotland) Act 2003 is amended as follows.2In section 16 (victim’s right to receive information concerning release etc. of offender)—ain subsection (1), after “perpetrated” insert “(the “victim”)”,bfor subsection (5), substitute—
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cafter subsection (5) insert—
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dsubsection (6) is repealed,efor subsection (9), substitute—
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3In section 16B (person entitled to ask to be given information under section 16A)—ain subsection (1)—ifor paragraph (b), substitute—
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iiparagraph (c) is repealed,bfor subsection (3), substitute—
Part 2 Notification of individual other than supporter to receive information¶
I14221The Criminal Justice (Scotland) Act 2003 is amended as follows.2In section 16ZA (provision of information to person supporting victim)—ain subsection (1)(a)—ifor “(the “victim”)” substitute “(“P”)”,iiafter “that” insert “either (but not both)”,iiithe words from “a person” where it second occurs to the end become sub-paragraph (i),ivin that sub-paragraph—Afor “the victim” where it first occurs substitute “P”,Bfor “perpetrated against the victim” substitute “in relation to which P is entitled to receive information”,vafter sub-paragraph (i) insert—
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bin subsection (1)(b), for “the victim” substitute “P”,cafter subsection (1) insert—
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din subsection (2)(b)—ifor “the victim” where it first occurs substitute “P”,iifor “perpetrated against the victim” substitute “in relation to which P is entitled to receive information”,ein subsection (3), after “supporter” insert “or, as the case may be, the nominee”,fafter subsection (3) insert—
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gfor subsection (5), substitute—
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3The title of section 16ZA becomes “Provision of information to person other than victim”.4In section 16D (provision of information concerning offender subject to compulsion order to person supporting victim)—ain subsection (1)(a)—ifor “(the “victim”)”, substitute “(“P”)”,iiafter “that” insert “either (but not both)”,iiithe words from “a person” where it second occurs to the end become sub-paragraph (i),ivin that sub-paragraph, for “the victim” substitute “P”,vafter sub-paragraph (i) insert—
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bin subsection (1)(b), for “the victim” substitute “P”,cafter subsection (1) insert—
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din subsection (2)(b), for “the victim” substitute “P”,ein subsection (3), after “supporter” insert “or, as the case may be, the nominee”,fin subsection (4), in both paragraph (a) and (b), after “supporter” insert “or nominee”,gin subsection (6)—ifor “the victim”, substitute “P”,iiafter “supporter” insert “or nominee”,hafter subsection (6) insert—
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5In subsection (7), for “has the same meaning” substitute “and “victim” have the same meanings”.6The title of section 16D becomes “Provision of information concerning offender subject to compulsion order to person other than victim”.7In section 17ZA (release on licence: provision of information to person supporting victim)—ain subsection (1)(a)—ifor “(the “victim”)” substitute “(“P”)”,iifor the words from “a person” where it second occurs to the end, substitute
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bin subsection (1)(b)—ifor “the supporter” where it first occurs substitute “a supporter who is entitled to receive information under section 16ZA”,iifor “the victim” substitute “P”,cafter subsection (1) insert—
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din subsection (2)—ifor “the victim” substitute “P”,iiafter “supporter” insert “or, as the case may be, nominee”,ein subsection (3)—iafter “supporter” insert “or nominee”,iifor “the victim” substitute “P”,fafter subsection (3) insert—
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8The title of section 17ZA becomes “Release on licence: provision of information to person other than victim”.9In section 17A (temporary release: victim’s right to make representations about conditions)—ain subsection (1)(a) for “(the “victim”)” substitute “(“P”)”,bin subsection (1)(b), after ““supporter”” insert “or the “nominee””,cin subsections (2), (3), and (4) for “the victim” in each place where it occurs substitute “P”,din subsection (4)(b), for “the supporter” substitute “any supporter or nominee to be given notice and information under section 17ZA(2) and (3)”.10In section 17B (mentally-disordered offender: victim's right to make representations), after subsection (5), insert—
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11After section 17B, insert—
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12In section 17DA (section 17B decision: provision of information to person supporting victim)—ain subsection (1)(a)—ifor “(the “victim”)” substitute “(“P”)”,iiafter “that” insert “either (but not both)”,iiithe words from “a person” where it second occurs to the end become sub-paragraph (i),ivin that sub-paragraph, for “the victim” substitute “P”,vafter sub-paragraph (i) insert—
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bin subsection (1)(b), for “the victim” substitute “P”,cafter subsection (1) insert—
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din subsection (2)(b), for “the victim” substitute “P”,ein subsection (3), after “supporter” insert “or, as the case may be, the nominee”,fin subsection (4)(a), after “supporter” insert “or nominee”,gin subsection (5)—iin paragraph (a), after “supporter” insert “or nominee”,iiin paragraph (b), after “supporter” in both places where it occurs insert “or nominee”,hafter subsection (5) insert—
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13The title of section 17DA becomes “Section 17B decision: provision on information to person other than victim”.14In section 17E (information sharing in respect of mentally-disordered offenders)—ain subsection (1), after “supporter” insert “or, as the case may be, a nominee”,bin subsection (3), after “supporter” insert “or nominee”,cin subsection (6), for “is” substitute “and “nominee” are”.15In section 18A (interpretation of Part)—ain subsection (3), after “supporter” insert “or nominee”,bin subsection (5), for “is” substitute “and “nominee” are”.
I1431Rape.I1442Clandestine injury to woman.I1453Abduction of woman or girl with intent to rape.I1464Assault with intent to rape or ravish.I1475Indecent assault.I1486Lewd, indecent or libidinous behaviour or practices.I1497Sodomy, unless every person involved in the offence was 16 or over and was a willing participant.
I1508 Offences under the Mental Health (Scotland) Act 1984¶
An offence under any of the following provisions of the Mental Health (Scotland) Act 1984—asection 106 (protection of mentally handicapped females),bsection 107 (protection of patients).
I1519 Offences under the Criminal Law (Consolidation) (Scotland) Act 1995¶
An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—asection 1 (incest),bsection 2 (intercourse with a stepchild),csection 3 (intercourse of person in position of trust with child under 16),dsection 5 (intercourse with girl under 16),esection 6 (indecent behaviour towards girl between 12 and 16),fsection 8 (abduction of girl under 18 for purposes of unlawful intercourse),gsection 10 (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16).
I15210 Offence under the Sexual Offences (Amendment) Act 2000¶
An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).
I15311 Offences under the Mental Health (Care and Treatment) (Scotland) Act 2003¶
An offence under any of the following provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003—asection 311(1) (non-consensual sexual acts),bsection 311(3) (persons providing care services: sexual offences).
I15412 Offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005¶
An offence under section 1 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (female genital mutilation).
I15513 Offences under the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005¶
An offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005—asection 1 (meeting a child following certain preliminary contact),bsection 9 (paying for sexual services of a child),csection 10 (causing or inciting provision by child of sexual services or child pornography),dsection 11 (controlling a child providing sexual services or involved in pornography),esection 12 (arranging or facilitating provision by child of sexual services or child pornography).
I15614 Offences under the Sexual Offences (Scotland) Act 2009¶
1An offence under any of the following provisions of Part 1 of the Sexual Offences (Scotland) Act 2009 (rape etc.)—asection 1 (rape),bsection 2 (sexual assault by penetration),csection 3 (sexual assault),dsection 4 (sexual coercion),esection 5 (coercing a person into being present during a sexual activity),fsection 6 (coercing a person into looking at a sexual image),gsection 7(1) (communicating indecently),hsection 7(2) (causing a person to see or hear an indecent communication),isection 8 (sexual exposure),jsection 9 (voyeurism),ksection 11 (administering a substance for a sexual purpose).2An offence under any of the following provisions of Part 4 of the Sexual Offences (Scotland) Act 2009 (children)—asection 18 (rape of a young child),bsection 19 (sexual assault on a young child by penetration),csection 20 (sexual assault on a young child),dsection 21 (causing a young child to participate in a sexual activity),esection 22 (causing a young child to be present during a sexual activity),fsection 23 (causing a young child to look at a sexual image),gsection 24(1) (communicating indecently with a young child),hsection 24(2) (causing a young child to see or hear an incident communication),isection 25 (sexual exposure to a young child),jsection 26 (voyeurism towards a young child),ksection 28 (having intercourse with an older child),lsection 29 (engaging in penetrative sexual activity with or towards an older child),msection 30 (engaging in sexual activity with or towards an older child),nsection 31 (causing an older child to participate in a sexual activity),osection 32 (causing an older child to be present during a sexual activity),psection 33 (causing an older child to look at a sexual image),qsection 34(1) (communicating indecently with an older child),rsection 34(2) (causing an older child to see or hear an indecent communication),ssection 35 (sexual exposure to an older child),tsection 36 (voyeurism towards an older child),usection 37(1) (engaging while an older child in sexual conduct with or towards another older child),vsection 37(4) (engaging while an older child in consensual sexual conduct with another older child).3An offence under any of the following provisions of Part 5 of the Sexual Offences (Scotland) Act 2009—asection 42 (sexual abuse of trust),bsection 46 (sexual abuse of trust of a mentally disordered person).4Any of the following offences set out in schedule 3 of the Sexual Offences (Scotland) Act 2009—aabduction with intent to commit rape under section 1 (rape),babduction with intent to commit rape under section 18 (rape of a young child),cassault with intent to commit rape under section 1 (rape),dassault with intent to commit rape under section 18 (rape of a young child).
I15715 Offence under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016¶
An offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (disclosing, or threatening to disclose, an intimate photograph or film).
I15816 Offence under the Domestic Abuse (Scotland) Act 2018¶
An offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018 (abusive behaviour towards partner or ex-partner), where it is apparent from the offence as charged in the indictment that there was a substantial sexual element present in the alleged commission of the offence.
I15917 Offences under the Health and Care Act 2022¶
An offence under any of the following provisions of the Health and Care Act 2022—asection 140 (virginity testing),bsection 141 (offering to carry out virginity testing),csection 142 (aiding or abetting etc. a person to carry out virginity testing),dsection 152 (hymenoplasty),esection 153 (offering to carry out hymenoplasty),fsection 154 (aiding or abetting etc. a person to carry out hymenoplasty).
1The Judiciary and Courts (Scotland) Act 2008 is amended as follows.2In section 2, subsection (2A), after “President of the Sheriff Appeal Court”, insert “or the President of the Sexual Offences Court,”.3In section 2, subsection (6), after paragraph (b) insert—
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4In section 34, subsection (1), after “judicial office holder” insert “(other than a Judge of the Sexual Offences Court)”.5In section 35, after subsection (2), insert—
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6In section 43, subsection (2), after paragraph (ca), insert—
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7In section 62, subsection (1), after paragraph (b), insert—