Criminal Justice (Scotland) Act 2003

[F1 17A Temporary release: victim's right to make representations about conditions S

[F2 (1) This section applies where—

(a) by virtue of subsection (1) or (5) of section 16 a person (the “victim”), or

(b) by virtue of section 16ZA(3), a person entitled to receive information under that section (the “supporter”),

is given the information mentioned in section 16(3)(d) as respects a convicted person.]

(2) On the first occasion on which the convicted person is entitled to be considered for temporary release by virtue of rules under section 39(6) of the 1989 Act, the Scottish Ministers must give the victim an opportunity to make written representations to them about any conditions that the victim considers should be imposed in relation to the temporary release.

(3) Subsection (2) applies only if the victim has notified the Scottish Ministers that the victim wishes to be given the opportunity to make representations under that subsection.

(4) The Scottish Ministers must—

(a) fix a time within which any written representations under subsection (2) require to be made to them if they are to be considered by them, and

(b) notify the victim [F3 or, as the case may be, the supporter] of the time fixed.]

Textual Amendments

F1 S. 17A inserted (13.8.2014) by Victims and Witnesses (Scotland) Act 2014 (asp 1), ss. 29, 34; S.S.I. 2014/210, art. 2, sch. (with art. 3)

F2 S. 17A(1) substituted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(5)(a), 18(2); S.S.I. 2024/145, reg. 2(1)

F3 Words in s. 17A(4)(b) inserted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(5)(b), 18(2); S.S.I. 2024/145, reg. 2(1)