http://www.legislation.gov.uk/asp/2003/7/section/14/2011-04-01Criminal Justice (Scotland) Act 2003An Act of the Scottish Parliament to make provision in relation to criminal justice, criminal procedure and evidence in criminal proceedings; to make provision as to the arrest, sentencing, custody and release of offenders and the obtaining of reports in relation to offenders; to make provision for the provision of assistance by local authorities to persons who are arrested and are in police custody or who are subject to a deferred sentence and for the making of grants to local authorities exercising jointly certain functions in relation to offenders and other persons; to make provision for the protection of the public at large from persons with a propensity to commit certain offences and for the establishment of the Risk Management Authority; to make provision for the granting of certain rights to the victims of crime; to make provision as to the jurisdiction of courts and the designation of certain courts as drugs courts; to make provision in relation to the physical punishment of children; to create offences in connection with traffic in prostitution or for purposes connected with pornography; to make provision as to the criminal law as it relates to bribery and the acceptance of bribes; to make provision in relation to criminal legal assistance; to require the aggravation of an offence by religious prejudice to be taken into account in sentencing; to make provision as respects police ranks and the powers and duties of certain civilians employed by police authorities; to make provision for the disqualification of convicted persons from jury service in both criminal and civil proceedings and for the separation of juries after retiral; to make provision for the use of live television links between prisons and courts; to make provision in relation to warrants to search; to amend Part V of the Police Act 1997 in its application to Scotland; to make provision in relation to the prohibition of certain matters in respect of cases referred to the Principal Reporter; to amend the law relating to penalties for wildlife offences; and for connected purposes.texttext/xmlenStatute Law Database2026-04-15Expert Participation2011-04-01 Part 2 Victims' rightsVictim statements141This section applies only where proceedings in respect of an offence are to be taken, or are likely to be taken, in a prescribed court or class of court.2In so far as is reasonably practicable, a natural person against whom a prescribed offence has been (or appears to have been) perpetrated is—aafter a decision has been taken to bring proceedings in respect of that offence; orbif a procurator fiscal so determines, before any such decision has been taken,to be afforded an opportunity to make a statement (to be known as a “victim statement”) as to the way in which, and degree to which, that offence (or apparent offence) has affected and as the case may be continues to affect, that person; but this subsection is subject to subsection (6).3Where a person who has made a victim statement by virtue of subsection (2) (or that subsection and subsection (6)) so requests and sentence may yet fall to be imposed in respect of the offence (or apparent offence), that person is to be afforded an opportunity to make a statement supplementary to, or in amplification of, the victim statement.4A copy of any—avictim statement made; orbstatement made by virtue of subsection (3) in relation to a victim statement,is, if the accused tenders a plea of guilty to, or is found guilty of, the offence in question, to be provided forthwith to the accused by the prosecutor.5A prosecutor must—ain solemn proceedings, when moving for sentence as respects an offence; andbin summary proceedings, when a plea of guilty is tendered in respect of, or the accused is convicted of, an offence,lay before the court any victim statement which relates (whether in whole or in part) to the offence in question, and the court must in determining sentence have regard to so much of—ithat statement; andiiany statement made by virtue of subsection (3) in relation to that statement,as it considers to be relevant to that offence.6Where—abecause a person has died no such opportunity as is mentioned in subsection (2) can be afforded that person then subsections (2) and (3) apply as if the references in them to the person and to how the offence (or apparent offence) affected, or continues to affect, the person—iwere references to any or all of the four qualifying persons highest listed in subsection (10) and to how the offence (or apparent offence) affected, or continues to affect, the maker of the statement; andiiwithout prejudice to sub-paragraph (i), where the person died a child (that is to say not having attained the age of sixteen years), included references to any other person who, immediately before the offence (or apparent offence) was perpetrated, cared for the child (that expression being construed in accordance with the definition of “person who cares for” in paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8)) and to how the offence (or apparent offence) affected, or continues to affect, that other person; orba person who (but for this paragraph and other than by virtue of paragraph (a)) would be afforded such an opportunity as is so mentioned is—iincapable, by reason of mental disorder or inability to communicate, of making a victim statement, subsections (2) and (3) apply as if the person to be afforded an opportunity were not the incapable person but the qualifying person highest listed in subsection (10); oriia child who has not attained the age of fourteen years, those subsections apply as if the person to be afforded an opportunity were not that person but such other person as is mentioned in paragraph (a)(ii),and as if the other references in those subsections to a person continued to be to the incapable person or as the case may be to the child.7For the purposes of subsection (6)(b)(i), inability to communicate by reason only of a lack or deficiency in a faculty of communication is to be disregarded if that lack or deficiency can be made good by human or mechanical aid (whether of an interpretative nature or otherwise).8In subsection (6), “qualifying person” means a person whose relationship to the victim is listed in subsection (10), who is neither incapable as mentioned in sub-paragraph (i) of paragraph (b) of subsection (6) nor a child such as is mentioned in sub-paragraph (ii) of that paragraph and who is not a person referred to by subsection (9).9This subsection refers to a person accused of, or reasonably suspected of being the perpetrator of, or of having been implicated in, the offence (or apparent offence) in question.10The list is—aspouse or civil partner;bcohabitee;cson or daughter or any person in relation to whom the victim has or had parental responsibilities or rights vested by, under or by virtue of the Children (Scotland) Act 1995 (c. 36);dfather or mother or any person in whom parental responsibilities or rights are or were vested by, under or by virtue of that Act in relation to the victim;ebrother or sister;fgrandparent;ggrandchild;huncle or aunt;inephew or niece,and the elder of any two persons described in any one of paragraphs (a) to (i) is to be taken to be the higher listed person, regardless of sex.11In subsection (10)(b), “cohabitee” means a person who has lived with the victim—aas if in a married relationship; orbin a relationship which had the characteristics of the relationship between civil partners,for at least six months and was so living immediately before the offence (or apparent offence) was perpetrated.12The Scottish Ministers may by order (either or both)—aamend subsection (6)(b)(ii) by substituting for the age for the time being specified there such other age as they think fit;bamend the list in subsection (10).Words in s. 14(10)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(2), 263, Sch. 28 para. 67(2); S.S.I. 2005/604, art. 2(c)S. 14(11) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 261(2), 263, Sch. 28 para. 67(3); S.S.I. 2005/604, art. 2(c)Words in s. 14(6)(a)(ii) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 12(a)