SCHEDULEMINOR AND CONSEQUENTIAL MODIFICATIONS

PART 2OTHER ENACTMENTS

Victims and Witnesses (Scotland) Act 2014

I15

1

The Victims and Witnesses (Scotland) Act 2014 is amended as follows.

2

Before section 9 insert—

8ACertain medical examinations: additional information to be provided

1

Subsection (2) applies where a person is, or is to be, referred to a health board for a forensic medical examination as mentioned in section 2(2)(a)(i) of the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021.

2

The chief constable of the Police Service of Scotland must ensure that, in addition to a constable informing the person of the matters mentioned in sections 3C(1) and 3D(1), a constable informs the person that—

a

the person may request from the health board—

i

a copy of the Victims' Code for Scotland, and

ii

information relating to the rights of victims,

b

the person may request the health board to refer the person to providers of victim support services, and

c

the person may contact providers of victim support services directly without being referred as mentioned in paragraph (b).

3

In this section—

  • “health board” means a board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

  • “victim support services” has the meaning given by section 3D(5).

3

In section 9 (requests as to medical examiner in relation to certain medical examinations)—

a

for subsection (1), substitute—

1

This section applies where a forensic medical examination is to be carried out by virtue of section 2 of the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021.

b

in subsection (2)—

i

the words “in relation to the complaint” are repealed,

ii

for the words from “in pursuance of” to “the person”, where it second occurs, substitute “ , the person must be given ”,

iii

for the word “gender” substitute “ sex ”,

c

in subsection (3)—

i

the words “the constable must ensure that” are repealed,

ii

after “is”, where it second occurs, insert “ to be ”.

4

In section 29A(1) (exercise of functions where victim is a child), after “6” insert “ , 8A ”.