Part 2

Victims' rights

Provision of information to person supporting victim
16ZA
1
This section applies where—
a
a person entitled to receive information under section 16 (the “victim”) intimates to the Scottish Ministers that a person to whom subsection (2) applies (the “supporter”) is to be given, as well as or instead of the victim, the information described in section 16(3) in relation to the person convicted of the offence perpetrated against the victim, or
b
a supporter intimates to the Scottish Ministers that they wish to be given that information and Ministers are satisfied that the victim consents to the supporter being given the information.
2
This subsection applies to a person—
a
of a description prescribed by the Scottish Ministers by regulations, and
b
who is providing support services to the victim in relation to the offence perpetrated against the victim.
3
The Scottish Ministers must, unless they consider that there are exceptional circumstances which make it inappropriate to do so, give the supporter such information as is described in section 16(3).
4
Subsection (3) does not apply where the person convicted of the offence perpetrated against the victim is released before attaining the age of 16 years.
5
In this section, “support services”—
a
means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of the victim, and
b
includes—
i
providing the victim with information (including information provided under subsection (3)),
ii
assisting the victim with safety planning,
iii
assisting the victim with the making of representations under this Part.
6
The Scottish Ministers may by regulations modify the definition of “support services” in subsection (5).
7
Regulations under subsection (2)(a) and (6) may—
a
include incidental, supplementary, consequential, transitional, transitory or saving provision,
b
modify enactments (including this Act).
8
Regulations—
a
under subsection (2)(a)—
i
which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,
ii
are otherwise subject to the negative procedure,
b
under subsection (6) are subject to the affirmative procedure.
S. 16ZA inserted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(2), 18(2); S.S.I. 2024/145, reg. 2(1)