The Victim Notification (Prescribed Offences) (Scotland) Amendment Order 2009

Scottish Statutory Instruments

2009 No. 142

CRIMINAL LAW

The Victim Notification (Prescribed Offences) (Scotland) Amendment Order 2009

Made

1st April 2009

Laid before the Scottish Parliament

3rd April 2009

Coming into force

12th May 2009

The Scottish Ministers make the following order in exercise of the powers conferred by section 16(1) of the Criminal Justice (Scotland) Act 2003(1) and all other powers enabling them to do so.

Citation and Commencement

1.  This Order may be cited as the Victim Notification (Prescribed Offences) (Scotland) Amendment Order 2009 and comes into force on 12th May 2009.

Amendment of the Victim Notification (Prescribed Offences) (Scotland) Order 2004

2.—(1) The Schedule to the Victim Notification (Prescribed Offences) (Scotland) Order 2004(2) is amended in accordance with paragraph (2).

(2) For paragraph 30 (road traffic) substitute–

• “An offence under any of the following provisions of the Road Traffic Act 1988 (c. 52)–

  (a)

  section 1 (causing death by dangerous driving);

  (b)

  section 2B (causing death by careless, or inconsiderate, driving);

  (c)

  section 3ZB (causing death by driving: unlicensed, disqualified or uninsured drivers);

  (d)

  section 3A (causing death by careless driving when under influence of drink or drugs).”.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

1st April 2009

Explanatory Note

(This note is not part of the Order)

This Order amends the Schedule to the Victim Notification (Prescribed Offences) (Scotland) Order 2004 (S.S.I.

2004/411) to prescribe two additional road traffic offences for the purposes of section 16(1) of the Criminal Justice (Scotland) Act 2003. Section 16 entitles a victim of a prescribed offence to receive certain information in relation to the person or persons convicted of that offence.

This Order prescribes for the first time offences under section 2B of the Road Traffic Act 1988 (c. 52) (causing death by careless, or inconsiderate, driving) and offences under section 3ZB of that Act (causing death by driving: unlicensed, disqualified or uninsured drivers). It also prescribes again offences under section 1 (causing death by dangerous driving) and section 3A (causing death by careless driving when under influence of drink or drugs).

(1)

2003 asp 7. See section 87(1) for the definition of “prescribed”.

(2)

S.S.I. 2004/411.