Part 2

Victims' rights

Information sharing in respect of mentally-disordered offenders
17E
1
Where the Scottish Ministers are subject to a duty under section 16
, 16ZA, 16A or 16D
to give a person (“V”)
or, as the case may be, a supporter
information about another person (“O”), they must give notice to—
a
O's responsible medical officer, and
b
if O is subject to a compulsion order, the Mental Health Tribunal.
2
A notice under subsection (1) is to request that the recipient of the notice provide the Scottish Ministers with information in such circumstances as may be specified in the notice.
3
The information that the Scottish Ministers may request in a notice under subsection (1) must be information about O which they will require in order to fulfil their duty to give information to V under section 16, 16A or 17D
or to a supporter under section 16ZA, 16D or 17DA
.
4
The recipient of a notice under subsection (1) must provide the Scottish Ministers with the information requested in the notice in the circumstances specified in it.
5
If the Scottish Ministers cease to be required to give anyone information about O under section 16 or
16ZA, 16A or, as the case may be, 16D
—
a
they must intimate that fact to anyone to whom they sent a notice in relation to O in accordance with subsection (1), and
b
on receiving that intimation, subsection (4) ceases to apply to the person who received the intimation.
6
In this section, “
supporter
” is to be construed in accordance with section 16ZA, 16D or, as the case may be, 17DA.
S. 17E(6) inserted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(7)(d), 18(2); S.S.I. 2024/145, reg. 2(1)
Words in s. 17E(1) inserted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(7)(a)(ii), 18(2); S.S.I. 2024/145, reg. 2(1)
Words in s. 17E(1) substituted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(7)(a)(i), 18(2); S.S.I. 2024/145, reg. 2(1)
Words in s. 17E(3) inserted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(7)(b), 18(2); S.S.I. 2024/145, reg. 2(1)
S. 17E inserted (15.9.2017) by Mental Health (Scotland) Act 2015 (asp 9), ss. 57(2), 61(2); S.S.I. 2017/234, art. 2(1)(d)
Words in s. 17E(5) substituted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(7)(c), 18(2); S.S.I. 2024/145, reg. 2(1)