Explanatory Notes

Criminal Justice (Scotland) Act 2003

2003 asp 7

26 March 2003

The Act The Act is in 12 parts.

Part 1 – Protection of the Public at Large

The Risk Management Authority

Sections 3 to 13 and schedule 2 – The Risk Management Authority

30.Sections 3 to 13 and schedule 2 provide for the establishment of a new authority to be known as the Risk Management Authority (RMA) and for this authority to be a public body.  These sections also confer upon the RMA certain specific statutory functions in relation to the assessment and minimisation of risk posed to the public by offenders and certain accused persons.

31.Sections 3, 12 and 13 provide for the establishment of the RMA as a public body, and for the powers the RMA requires to operate as a public body and to discharge its functions in relation to the assessment and minimisation of risk. The sections also prescribe the RMA’s duties in relation to account keeping and the production of annual reports.  Schedule 2 makes provision concerning the constitution etc of the RMA.

32.Sections 4 to 11 set out the RMA’s functions in relation to its broad remit of co-ordinating research and promulgating best practice in the field of risk assessment and the minimisation of risk and in playing a direct part in the management of high risk offenders for whom a risk management plan (RMP) is to be prepared. These functions are :