Part 2

Victims' rights

Victim's right to receive information concerning offender subject to compulsion order
16A
1
Subsection (2) applies where—
a
an offence has been perpetrated against a natural person,
b
another person (“O”) has been made subject to a compulsion order and a restriction order in proceedings in respect of that offence,
c
a person has asked to be given information about O under this section and that person is, or was at the time of asking, a person entitled to ask to be given the information (see section 16B), and
d
O has attained the age of 16 years.
2
The Scottish Ministers must give the information about O described in section 16C to the person mentioned in subsection (1)(c).
3
But the Scottish Ministers—
a
need not give a person information under this section if they consider there to be exceptional circumstances which make it inappropriate to do so,
b
are not to give a person information about the terms of a condition in accordance with section 16C(2)(h) unless the condition is relevant to that person as described in section 18A(3).
4
If the compulsion order or the restriction order mentioned in subsection (1)(b) is revoked, subsection (2) ceases to apply when the Scottish Ministers give the person mentioned in subsection (1)(c) the information that—
a
the order has been revoked, and
b
the decision to revoke it is final.
Ss. 16A-16C inserted (15.9.2017 for specified purposes, 30.9.2017 in so far as not already in force) by Mental Health (Scotland) Act 2015 (asp 9), ss. 55(2), 61(2); S.S.I. 2017/234, art. 2(1)(b)(2)(a)(3) (with arts. 5-8)