Criminal Justice (Scotland) Act 2003

[F1 17ZA Release on licence: provision of information to person supporting victim S

(1) This section applies where—

(a) a person entitled to receive information under section 16 (the “victim”) as respects a convicted person intimates that they wish a person entitled to receive information under section 16ZA (the “supporter”) to be informed before any decision is taken to release the convicted person, or

(b) the supporter intimates that they wish to be so informed and the Scottish Ministers are satisfied that the victim consents to the supporter being so informed.

(2) The Scottish Ministers must, whether or not the victim has intimated the wish to be afforded the opportunity to make representations under section 17(1), give the supporter—

(a) notice as mentioned in section 17(5), (7) and (9), and

(b) the information mentioned in section 17(10).

(3) The Parole Board for Scotland must give the supporter the information mentioned in section 17(6) and (8) (whether or not the victim has intimated the desire to receive that information).

(4) Subsections (2) and (3) do not apply where the convicted person has not attained the age of 16 years by the date on which the case is referred to the Parole Board by the Scottish Ministers.

(5) This section does not apply—

(a) as respects release under section 3 of the 1993 Act (release on compassionate grounds),

(b) where the victim’s entitlement to receive information under section 16 arises by virtue of section 16(4)(a).]

Textual Amendments

F1 S. 17ZA inserted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(4), 18(2); S.S.I. 2024/145, reg. 2(1)