The Victim Notification (Prescribed Offences) (Scotland) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order prescribes the offences for which a victim will be entitled under section 16(1) of the Criminal Justice (Scotland) Act 2003 to receive certain information specified in section 16(3) relating to the person who perpetrated the offence against them. Victims entitled to receive such information will also be entitled to be given an opportunity under section 17(1) of the 2003 Act to make representations in relation to the release of that person.

The effect of the Order is that where a person is convicted of an offence prescribed in this Order and sentenced to a period of four years or more, the victim of that offence must be given the option of receiving certain information in relation to the release, temporary release, transfer, death in custody or escape of that person (unless Scottish Ministers consider that there are exceptional circumstances which make it inappropriate to do so). The victim must also be given the opportunity, before any decision is taken to release that person on licence, to make written representations to the Scottish Ministers as respects such release and as to the conditions which might be specified in the licence on which the person will be released. The victim must have intimated a wish to receive the information and to be given the opportunity to make representations.