http://www.legislation.gov.uk/asp/2014/1/bodyVictims and Witnesses (Scotland) Act 2014An Act of the Scottish Parliament to make provision for certain rights and support for victims and witnesses, including provision for implementing Directive 2012/29/EU of the European Parliament and the Council; and to make provision for the establishment of a committee of the Mental Welfare Commission with functions relating to persons who were placed in institutional care as children.texttext/xmlenStatute Law Database2024-06-12Expert Participation2024-05-26 Victims and Witnesses (Scotland) Act 2014s. 1(3)(ca)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 26(2)(a)s. 116(2)reg. 2sch.Victims and Witnesses (Scotland) Act 2014s. 1(3A)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 26(2)(b)s. 116(2)reg. 2sch.Victims and Witnesses (Scotland) Act 2014s. 2(1)(aa)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 26(3)(a)s. 116(2)reg. 2sch.Victims and Witnesses (Scotland) Act 2014s. 2(4A)(4B)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 26(3)(b)s. 116(2)reg. 2sch.Victims and Witnesses (Scotland) Act 2014s. 2(6)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 26(3)(c)s. 116(2)reg. 2sch.Victims and Witnesses (Scotland) Act 2014s. 6AVictims, Witnesses, and Justice Reform (Scotland) Act 2025s. 33(2)s. 116(2)Victims and Witnesses (Scotland) Act 2014s. 3KVictims, Witnesses, and Justice Reform (Scotland) Act 2025s. 34(2)s. 116(2)Victims and Witnesses (Scotland) Act 2014s. 4 cross-headingVictims, Witnesses, and Justice Reform (Scotland) Act 2025s. 34(3)s. 116(2)Victims and Witnesses (Scotland) Act 2014s. 27AVictims, Witnesses, and Justice Reform (Scotland) Act 2025s. 35(6)s. 116(2)Victims and Witnesses (Scotland) Act 2014s. 27BVictims, Witnesses, and Justice Reform (Scotland) Act 2025s. 35(7)s. 116(2)Victims and Witnesses (Scotland) Act 2014s. 29A(1)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 35(8)s. 116(2)Victims and Witnesses (Scotland) Act 2014s. 29B(3)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 35(9)s. 116(2)Victims and Witnesses (Scotland) Act 2014s. 2(3)(b)(i)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 44(2)(a)s. 116(2)reg. 2sch.Victims and Witnesses (Scotland) Act 2014s. 2(3)(b)(ii)-(iv)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 44(2)(b)s. 116(2)reg. 2sch.Victims and Witnesses (Scotland) Act 2014s. 3D(1)(za)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 52(2)(a)(i)s. 116(2)reg. 2sch.Victims and Witnesses (Scotland) Act 2014s. 3D(1)(a)(aa)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 52(2)(a)(ii)s. 116(2)reg. 2sch.Victims and Witnesses (Scotland) Act 2014s. 3D(1)(c) and wordVictims, Witnesses, and Justice Reform (Scotland) Act 2025s. 52(2)(a)(iii)s. 116(2)reg. 2sch.Victims and Witnesses (Scotland) Act 2014s. 3D(2)(2A)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 52(2)(b)s. 116(2)reg. 2sch.Victims and Witnesses (Scotland) Act 2014s. 3D(3)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 52(2)(c)s. 116(2)reg. 2sch.Victims and Witnesses (Scotland) Act 2014s. 3D(4)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 52(2)(d)s. 116(2)reg. 2sch.Victims and Witnesses (Scotland) Act 2014s. 3D(4A)(4B)Victims, Witnesses, and Justice Reform (Scotland) Act 2025s. 52(2)(e)s. 116(2)reg. 2sch.Victims and Witnesses (Scotland) Act 2014s. 3D HeadingVictims, Witnesses, and Justice Reform (Scotland) Act 2025s. 52(2)(f)s. 116(2)reg. 2sch. 11Each person mentioned in subsection (2) must have regard to the principles mentioned in subsection (3) in carrying out functions conferred on the person by or under any enactment in so far as those functions relate to a person who is or appears to be a victim or witness in relation to a criminal investigation or criminal proceedings.2The persons are—athe Lord Advocate,bthe Scottish Ministers,cthe chief constable of the Police Service of Scotland,dthe Scottish Court Service,ethe Parole Board for Scotland.3The principles are—athat a victim or witness should be able to obtain information about what is happening in the investigation or proceedings,bthat the safety of a victim or witness should be ensured during and after the investigation and proceedings,cthat a victim or witness should have access to appropriate support during and after the investigation and proceedings,dthat, in so far as it would be appropriate to do so, a victim or witness should be able to participate effectively in the investigation and proceedings.4The Scottish Ministers may by order modify subsection (2).5An order under subsection (4) is subject to the affirmative procedure.1A1Each person mentioned in section 1(2) must have regard to the principles mentioned in subsection (2) in carrying out functions conferred on the person by or under any enactment in so far as those functions relate to a person who is or appears to be a victim in relation to a criminal investigation or criminal proceedings.2The principles are—athat victims should be treated in a respectful, sensitive, tailored, professional and non-discriminatory manner,bthat victims should, as far as is reasonably practicable, be able to understand information they are given and be understood in any information they provide,cthat victims should have their needs taken into consideration,dthat, when dealing with victims who are children, the best interests of the child should be considered, taking into account the child’s age, maturity, views, needs and concerns, andethat victims should be protected from—isecondary and repeat victimisation,iiintimidation, andiiiretaliation.3In this section, “child” means a person under 18 years of age.21Each person mentioned in subsection (2) must set and publish standards in relation to—athe carrying out of the functions of the person mentioned in subsection (3) in relation to a person who is or appears to be a victim or witness in relation to a criminal investigation or criminal proceedings,bthe person's procedure for making and resolving complaints about the way in which the person carries out those functions.2The persons are—athe Lord Advocate,bthe Scottish Ministers,cthe chief constable of the Police Service of Scotland,dthe Scottish Court Service,ethe Parole Board for Scotland.3The functions are—ain the case of the Lord Advocate, functions relating to the investigation and prosecution of crime,bin the case of the Scottish Ministers, functions relating to prisons and young offenders institutions and persons detained in them,cin the case of any other person mentioned in subsection (2), any functions.4Before a person mentioned in subsection (2) (“the publisher”) publishes standards under subsection (1), the publisher must consult—aevery other person mentioned in subsection (2), andbsuch other persons as appear to the publisher to have a significant interest in the standards.5The Scottish Ministers may by order—amodify subsection (2),bso far as is necessary or expedient in consequence of any modification made under paragraph (a), modify subsection (1), (3) or (6).6In this section—“prison” and “young offenders institution” have the meanings given by section 307(1) of the 1995 Act,“victim” includes a prescribed relative of a victim.7In subsection (6), “prescribed” means prescribed by the Scottish Ministers by order.8An order under subsection (5) is subject to the affirmative procedure.9An order under subsection (6) is subject to the negative procedure.31This section applies where a person publishes standards under section 2(1).2The person must prepare and publish a report in relation to the matters mentioned in subsection (3)—abefore the end of the period of 12 months beginning with the day on which standards are first published under section 2(1), andbas soon as practicable following—ithe expiry of the period of 12 months beginning with the day on which a report is published under paragraph (a), andiieach subsequent period of a year.3The matters are—aan assessment of how, and the extent to which, the standards have been met during the period of the report,ban explanation of how the person intends to meet the standards during the year after the period of the report,ca description of any modification of the standards made during the period of the report, andda description of any modification of the standards that the person proposes to make during the year after the period of the report.4The Scottish Ministers may by regulations prescribe information (in addition to that required under subsection (3)) that reports prepared under subsection (2) must contain.5Regulations under subsection (4) are subject to the negative procedure.3A1A competent authority must provide a complaints process by which a person who is or appears to be a victim in relation to an offence or alleged offence, may challenge—aan alleged breach by that competent authority of that person’s rights under this Act, orban alleged breach of that competent authority’s obligations under this Act.2The obligation in subsection (1) does not apply where the competent authority is subject to a complaints process, provided in or under any enactment, which would allow a person who is or appears to be a victim in relation to an offence or alleged offence to challenge the matters in subsection (1)(a) and (b).3B1The Scottish Ministers must prepare and publish a document, known as the Victims’ Code for Scotland, setting out the following information (or directing the reader as to where that information is set out)—athe types of support that victims may obtain and from whom that support can be obtained,bthe procedures for making complaints with regard to a criminal offence and the victim’s role in connection with such procedures,chow and under what conditions victims may obtain protection, including special measures under sections 271 to 271M of the 1995 Act and measures under section 9C of this Act,dhow and under what conditions victims may access legal advice, legal aid or any other sort of advice which the Scottish Ministers consider relevant to the needs of victims,ehow and under what conditions victims may obtain compensation,fhow and under what conditions victims are entitled to interpretation and translation,gin relation to a criminal offence which was not committed in Scotland, any measures, procedures or arrangements, which are available to protect victims’ interests in Scotland,hthe available procedures for making complaints against any competent authority in relation to a breach of victims’ rights under this or any other enactment,ithe contact details for all competent authorities,jthe available restorative justice services, andkhow and under what conditions victims may be reimbursed for the reasonable expenses incurred by them as a result of their participation in criminal proceedings.2The Victims’ Code for Scotland may include such other information as the Scottish Ministers consider relevant to the needs of victims.3Subsection (4) applies where—aa competent authority, other than the Scottish Ministers, receives a request for translation of the Victims’ Code for Scotland by virtue of section 3F and transmits that request to the Scottish Ministers, orba person who is or appears to be a victim in relation to an offence or alleged offence, and who does not understand or speak English, requests that the Scottish Ministers translate the Victims’ Code for Scotland into a language which that person understands.4The Scottish Ministers must—atranslate the Code into the language required by the authority or, as the case may be, the person, andbprovide a copy of the translated Code to the authority or, as the case may be, the person.5The Scottish Ministers must keep the Victims’ Code for Scotland under review and may modify it from time to time.6Where under subsection (5) the Scottish Ministers modify the Victims’ Code for Scotland they must publish the modified Code.3C1The chief constable of the Police Service of Scotland must ensure that, as soon as reasonably practicable after a constable identifies a person who is or appears to be a victim in relation to an offence or alleged offence, a constable informs the person that the person may request, from any competent authority—aa copy of the Victims’ Code for Scotland, andbinformation relating to the rights of victims.2Subsection (3) applies where a person who is or appears to be a victim in relation to an offence or alleged offence requests from a competent authority a copy of the Victims’ Code for Scotland.3As soon as reasonably practicable after the request is made, the authority must—aprovide the person with a copy of the Code, orbadvise the person where a copy of the Code may be obtained.4Subsection (5) applies where a person who is or appears to be a victim in relation to an offence or alleged offence requests from a competent authority information relating to the rights of victims.5As soon as reasonably practicable after the request is made, the authority must—aprovide the person with such information held by, or accessible to, the authority which the authority considers relevant to the request, andbprovide the person with contact details for any other competent authority which the authority considers may hold or be able to access information relevant to the request.6Where, by virtue of this section, a competent authority is to provide a person with a copy of the Victim’s Code for Scotland or information relating to the rights of victims, the authority may do so by such means as the authority considers appropriate having regard to the needs of the person.7For the purposes of this section—aa request made by a person who is or appears to be a victim in relation to an offence or alleged offence to a constable or a member of police staff is deemed to be a request made to the chief constable of the Police Service of Scotland, andba request made by a person who is or appears to be a victim in relation to an offence or alleged offence to a procurator fiscal is deemed to be a request made to the Lord Advocate.3D1The chief constable of the Police Service of Scotland must ensure that, as soon as reasonably practicable after a constable identifies a person who is or appears to be a victim in relation to an offence or alleged offence, a constable informs the person that—athe person may request a referral to providers of victim support services from any competent authority, andbthe person may contact providers of victim support services directly without referral.2Where a person who is or appears to be a victim in relation to an offence or alleged offence makes a request of a competent authority to be referred to providers of victim support services, the authority must, subject to the views of the person—adisclose the person’s details to such providers of victim support services as the authority considers appropriate to the person’s needs, orbprovide the person with the name, address and telephone number of the providers of victim support services referred to in paragraph (a).3Subsections (1) and (2) apply in relation to a person who is or appears to be a victim in relation to an offence or alleged offence regardless of whether or not the person has made a complaint about that offence or alleged offence.4For the purposes of this section—aa request made by a person who is or appears to be a victim in relation to an offence or alleged offence to a constable or a member of police staff is deemed to be a request made to the chief constable of the Police Service of Scotland, andba request made by a person who is or appears to be a victim in relation to an offence or alleged offence to a procurator fiscal is deemed to be a request made to the Lord Advocate.5In this section, “victim support services” means the provision of—ainformation, advice and support to victims including information on compensation for criminal injuries, and the participation of victims in criminal proceedings,binformation about any relevant specialist support services in place,cemotional and, where available, psychological support,dadvice relating to financial and practical issues arising from the crime,eadvice relating to the risk and prevention of—isecondary and repeat victimisation,iiintimidation, andiiiretaliation, andfsuch other services as a competent authority considers appropriate to the needs of victims.3E1Subsection (2) applies in relation to any contact—abetween a person who is or appears to be a victim in relation to an offence or alleged offence and a competent authority, andbwhich is for the purposes of a relevant function.2The authority must take such measures as the authority considers appropriate in order to assist the person—ato understand the information given to the person by the authority, andbto be understood in the person’s interaction with the authority.3Subsection (4) applies in relation to any communication, in any form—abetween a person who is or appears to be a victim in relation to an offence or alleged offence and a competent authority, andbwhich is for the purposes of a relevant function.4The authority must ensure that communications—aare as clear and easy to understand as possible, andbtake into account any personal characteristics of the person which may affect the person’s ability to understand the communication and be understood in responding to the communication.5Subsection (6) applies in relation to the first contact—abetween a person who is or appears to be a victim in relation to an offence or alleged offence and a competent authority, andbwhich is for the purposes of a relevant function.6Where the authority considers that the person requires assistance to communicate, the authority must allow the person to be assisted by someone of the person’s choice unless—athe authority considers that such assistance would be contrary to the interests of the person or prejudicial to any criminal proceedings, orbthe assistance is required for the purposes of the person giving evidence at a hearing in relevant criminal proceedings.7For the purposes of this section—aany contact between a person who is or appears to be a victim in relation to an offence or alleged offence (V) and a constable or a member of police staff is deemed to be contact between V and the chief constable of the Police Service of Scotland,bany contact between V and a procurator fiscal is deemed to be contact between V and the Lord Advocate,cany communication between a constable or a member of police staff and V is deemed to be communication between the chief constable of the Police Service of Scotland and V, andd any communication between a procurator fiscal and V is deemed to be communication between the Lord Advocate and V. 8In this section—“a hearing in relevant criminal proceedings” means any hearing in the course of any criminal proceedings in the High Court, sheriff court or justice of the peace court in relation to an offence or alleged offence,“a relevant function” is—in the case of the Lord Advocate, any function relating to the investigation and prosecution of crime,in the case of the Scottish Ministers, any function conferred on the Scottish Ministers under this Act or section 16, 17 or 17A of the 2003 Act,in the case of any other competent authority, any function.3F1Subsection (2) applies where a person who is or appears to be a victim in relation to an offence or alleged offence, and who does not understand or speak English, makes a request to a competent authority for an interpreter for the purposes of—abeing interviewed or questioned by a competent authority in the course of a criminal investigation or criminal proceedings in relation to the offence or alleged offence (other than at a hearing in relevant criminal proceedings), orbmaking a complaint about the offence or alleged offence.2The authority must ensure that the person is provided with an interpreter in order to enable the person to—aunderstand any questions being asked by the authority,bunderstand any information being given to the person,cgive answers and provide information which the authority can understand, anddotherwise communicate effectively with the authority.3Subsection (4) applies where—aa person who is or appears to be a victim in relation to an offence or alleged offence, and who does not understand or speak English, has been cited by a prosecutor to give evidence at, or for the purposes of, a hearing in relevant criminal proceedings in relation to the offence or alleged offence, andbthe person has made a request to the prosecutor for an interpreter for the purposes of that hearing.4The prosecutor must ensure that the person is provided with an interpreter in order to enable the person to—aunderstand the questions being asked,bunderstand any information being given to the person,cgive answers which the court can understand, anddotherwise communicate effectively with the court.5Subsection (6) applies where—ainformation is to be provided by a competent authority to a person who is or appears to be a victim in relation to an offence or alleged offence, and who does not understand or speak English,bthe information is to be provided for the purposes of a relevant function,cthe information—iis considered by the competent authority to be essential to the person’s participation in the criminal investigation or criminal proceedings in relation to the offence or alleged offence, oriimust be provided by the competent authority to the person under any enactment, anddthe person has requested that the information is translated into a language which the person understands.6The authority must ensure that the information is translated (either orally or in writing) into a language which the person understands.7In considering whether information is essential for the purposes of subsection (5)(c)(i), the competent authority must take into account the views of the person to whom the information is to be provided.8Interpretation or translation provided to a person under this section must be provided free of charge.9For the purposes of this section—aa request made by a person who is or appears to be a victim in relation to an offence or alleged offence to a constable or a member of police staff is deemed to be a request made to the chief constable of the Police Service of Scotland, andba request made by a person who is or appears to be a victim in relation to an offence or alleged offence to a procurator fiscal is deemed to be a request made to the Lord Advocate.10In this section—“a hearing in relevant criminal proceedings” means any hearing in the course of any criminal proceedings in the High Court, sheriff court or justice of the peace court in relation to an offence or alleged offence,“prosecutor” means Lord Advocate, Crown Counsel or procurator fiscal,“a relevant function” is—in the case of the Lord Advocate, any function relating to the investigation and prosecution of crime,in the case of the Scottish Ministers, any function conferred on the Scottish Ministers under this Act or section 16, 17 or 17A of the 2003 Act,in the case of any other competent authority, any function.3G1This section applies where a person who is or appears to be a victim in relation to an offence or alleged offence makes a complaint about the offence or alleged offence to a constable.2The chief constable of the Police Service of Scotland must ensure that, as soon as reasonably practicable after the complaint is made, the person is provided with written acknowledgement of the complaint which states the basic elements of the offence or alleged offence complained of.3Written acknowledgement of a complaint may be given by such means as the chief constable of the Police Service of Scotland considers appropriate.3H1The Lord Advocate must establish a process for the reimbursement of relevant expenses.2The Lord Advocate must make and publish guidance about the process established under subsection (1).3The Lord Advocate must keep the guidance published under subsection (2) under review and may modify it from time to time.4Where, under subsection (3), the Lord Advocate modifies the guidance published under subsection (2), the Lord Advocate must publish the modified guidance.5In this section—“a hearing in relevant criminal proceedings” means any hearing in the course of any criminal proceedings in the High Court, sheriff court or justice of the peace court in relation to an offence or alleged offence,“relevant expenses” means the reasonable expenses incurred—by a person who is or appears to be a victim in relation to an offence or alleged offence, andwhich are as a result of the person’s participation in a hearing in relevant criminal proceedings in relation to the offence or alleged offence.3I1Subsection (2) applies where the property of a person who is or appears to be a victim in relation to an offence or alleged offence—ahas been seized in the course of a criminal investigation or criminal proceedings in relation to the offence or alleged offence, andbis being held by a competent authority.2The authority must arrange for the property to be returned to the person—awhere the property is no longer required for the purposes of the criminal investigation or criminal proceedings, andbthe authority is satisfied that there is no other reason to retain the property.3The Lord Advocate and the chief constable of the Police Service of Scotland must jointly make and publish guidance about the process by which property is to be returned under subsection (2).4The Lord Advocate and the chief constable of the Police Service of Scotland must jointly keep the guidance published under subsection (3) under review and may jointly modify it from time to time.5Where under subsection (4) the Lord Advocate and the chief constable of the Police Service of Scotland jointly modify the guidance published under subsection (3) the Lord Advocate and the chief constable must jointly publish the modified guidance.3JWhere—a a person who is or appears to be a victim in relation to an offence or alleged offence committed in a Member State of the EU ... makes a complaint about that offence to a constable, and bcriminal proceedings for that offence or alleged offence cannot be raised in Scotland,the chief constable of the Police Service of Scotland must ensure that the complaint is transmitted without undue delay to the appropriate authority of the Member State in which the offence or alleged offence was committed.41The Lord Advocate must make and publish rules about the process for reviewing, on the request of a person who is or appears to be a victim in relation to an offence or alleged offence, a decision of the prosecutor not to prosecute a person for the offence or alleged offence.2Rules under subsection (1) may in particular make provision for or in connection with—athe circumstances in which reviews may be carried out,bthe manner in which a request for review must be made,cthe information that must be included in a request for review,dthe matters to be taken into account by the Lord Advocate when carrying out reviews,ethe process to be followed by the Lord Advocate when carrying out reviews.3In this section, “prosecutor” means Lord Advocate, Crown Counsel or procurator fiscal.51The Scottish Ministers may issue guidance about—athe referral of a person who is or appears to be a victim in relation to an offence or alleged offence and a person who has or is alleged to have committed the offence or alleged offence to restorative justice services, andbthe provision of restorative justice services to those persons.2Any person, or description of person, prescribed by the Scottish Ministers by order must have regard to any guidance issued by the Scottish Ministers under subsection (1).3In this section, “restorative justice services” means any process in which the persons such as are mentioned in subsection (1)(a) participate with a view to resolving any matter arising from the offence or alleged offence with the assistance of a person who is unconnected with either person or the offence or alleged offence.4An order under subsection (2) is subject to the negative procedure.61A person mentioned in subsection (2) (a “requester”) may at any time request a qualifying person to disclose to the requester qualifying information in relation to an offence or alleged offence and any criminal investigation or criminal proceedings relating to it.2The persons are—aa person who appears to be a victim of the offence or alleged offence,bin the case where the death of a person mentioned in paragraph (a) was (or appears to have been) caused by the offence or alleged offence, a prescribed relative of the person,ca person who is to give, or is likely to give, evidence in criminal proceedings which have been, or are likely to be, instituted against a person in respect of the offence or alleged offence,da person who has given a statement in relation to the offence or alleged offence to a constable or the prosecutor.3Where a request is made under subsection (1), the qualifying person must disclose to the requester any qualifying information which the person holds.4In the case where the qualifying information falls within paragraph (a), (b) or (c) of subsection (7), a qualifying person must not comply with a request under subsection (1) in so far as disclosure of the qualifying information would require disclosure of information supplied by a Minister of the Crown or a department of the Government of the United Kingdom that is held in confidence by the person.5A qualifying person need not comply with a request under subsection (1) in so far as the qualifying person considers that it would be inappropriate to disclose any qualifying information.6In this section—“prescribed” means prescribed by the Scottish Ministers by order,“qualifying information” means information that—falls within subsection (7),relates to the offence or alleged offence, andis specified in the request under subsection (1),“qualifying person” means—the chief constable of the Police Service of Scotland,a prosecutor (as defined in section 307(1) of the 1995 Act),the Scottish Court Service.7Information falls within this subsection if it is—aa decision not to proceed with a criminal investigation and any reasons for it,ba decision to end a criminal investigation and any reasons for it,ca decision not to institute criminal proceedings against a person and any reasons for it,dthe place in which a trial is to be held,ethe date on which and time at which a trial is to be held,fthe nature of charges libelled against a person,gthe place in which the hearing of an appeal arising from a trial is to be held,hthe date on which and time at which the hearing of an appeal arising from a trial is to be held,ithe stage that criminal proceedings have reached,jthe final decision of a court in a trial or any appeal arising from a trial, and any reasons for it.8The Scottish Ministers may by order modify—athe definition of “qualifying person” in subsection (6),bsubsection (7).9An order under—asubsection (2)(b) is subject to the negative procedure,bsubsection (8) is subject to the affirmative procedure.71Subsection (2) applies where the persons mentioned in subsection (3) are jointly carrying out an interview with a child in relation to—acriminal proceedings which have been instituted against some other person, orba matter which might result in criminal proceedings being instituted against some other person.2The persons must have due regard to any guidance issued by the Scottish Ministers about the carrying out of interviews with a child in relation to those matters.3The persons are—aa constable,ba social worker (as defined in section 77 of the Regulation of Care (Scotland) Act 2001).4The Scottish Ministers may by order modify subsection (3).5An order under subsection (4) is subject to the negative procedure.6In this section, “child” means a person under 18 years of age.81This section applies where an investigating officer intends to carry out a relevant interview with a person who is or appears to be the victim of an offence or alleged offence of a type mentioned in subsection (5).2Before the relevant interview takes place, the investigating officer must give the person who is to be interviewed the opportunity to specify the gender of the investigating officer who is to carry out the interview.3If the person who is to be interviewed specifies a gender under subsection (2), the relevant interview may be carried out only by an investigating officer of that gender.4The investigating officer need not comply with subsection (2) if—acomplying with it would be likely to prejudice a criminal investigation, orbit would not be reasonably practicable to do so.5The types of offence are—aan offence listed in any of paragraphs 36 to 59ZL of Schedule 3 to the Sexual Offences Act 2003,ban offence under section 22 of the 2003 Act (traffic in prostitution etc.),can offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation),caan offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015),dan offence the commission of which involves domestic abuse,estalking.6Failure to comply with subsection (2) in relation to a particular relevant interview has no effect on any criminal proceedings to which the interview relates.7The Scottish Ministers may by order modify subsection (5).8In this section—“investigating officer” means—a constable, ora person of such other description as the Scottish Ministers may by order prescribe,“relevant interview” means—questioning of a person in the course of criminal proceedings which have been instituted in relation to another person, orquestioning of a person with a view to instituting criminal proceedings against another person.9Any reference in this section (other than subsection (10)) to an investigating officer includes a reference to two or more investigating officers acting jointly.10An order under subsection (7) or paragraph (b) of the definition of “investigating officer” in subsection (8) is subject to the negative procedure.8A1Subsection (2) applies where a person is, or is to be, referred to a health board for a forensic medical examination as mentioned in section 2(2)(a)(i) of the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021.2The chief constable of the Police Service of Scotland must ensure that, in addition to a constable informing the person of the matters mentioned in sections 3C(1) and 3D(1), a constable informs the person that—athe person may request from the health board—ia copy of the Victims' Code for Scotland, andiiinformation relating to the rights of victims,bthe person may request the health board to refer the person to providers of victim support services, andcthe person may contact providers of victim support services directly without being referred as mentioned in paragraph (b).3In this section—“health board” means a board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,“victim support services” has the meaning given by section 3D(5).91This section applies where a forensic medical examination is to be carried out by virtue of section 2 of the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021.2Before a medical examination of the person ... is carried out by a registered medical practitioner , the person must be given an opportunity to request that any such medical examination be carried out by a registered medical practitioner of a sex specified by the person.3If the person makes such a request, ... the registered medical practitioner who is to (or, but for the request, would) carry out the examination is to be informed of the nature of the request.4In this section, references to a registered medical practitioner include references to a person of such other description as the Scottish Ministers may by order prescribe.5An order under subsection (4) is subject to the negative procedure.9A1During a criminal investigation into an offence or alleged offence, the chief constable of the Police Service of Scotland must ensure that—aa relevant interview is conducted without undue delay after a complaint about the offence or alleged offence has been made to a constable,bthe number of relevant interviews is kept to a minimum,crelevant interviews are carried out only where strictly necessary for the purposes of the criminal investigation,dduring a relevant interview, the person who is or appears to be a victim in relation to the offence or alleged offence is permitted to be accompanied by the person’s chosen legal representative and a person of the person’s choice, unless a constable makes a reasoned decision to the contrary, andemedical examinations of the person who is or appears to be a victim in relation to the offence or alleged offence are kept to a minimum and are carried out only where strictly necessary for the purposes of the investigation.2In this section, a “relevant interview” means an interview of a person who is or appears to be the victim in relation to an offence or alleged offence conducted or arranged by a constable for the purposes of a criminal investigation into the offence or alleged offence.9B1The chief constable of the Police Service of Scotland must ensure that a person who is or appears to be a victim in relation to an offence or alleged offence is assessed by a constable in order to determine whether the person—ahas protection needs, andbwould benefit from the use of any of the measures listed in section 9C(3) during a relevant interview.2The assessment of a person under subsection (1) must be carried out for the purposes of a criminal investigation in relation to the offence or alleged offence—aas soon as reasonably practicable after a constable identifies that person as a person who is or appears to be a victim in relation to the offence or alleged offence, andbas soon as reasonably practicable after any material change in the matters specified in subsection (4).3For the purposes of an assessment under subsection (1), the following persons must always be considered to have protection needs—apersons under 18 years of age, andbany person who would be a deemed vulnerable witness within the meaning of section 271(5) of the 1995 Act if they were to give evidence at, or for the purposes of, a hearing in relevant criminal proceedings.4For the purposes of an assessment of a person under subsection (1), the constable must consider—athe views of the person,bthe nature and circumstances of the offence or alleged offence,cthe nature of the evidence which the person is likely to give,dthe relationship (if any) between the person and the person suspected or accused of the offence or alleged offence,ethe person’s age and maturity,fany behaviour towards the person on the part of—ithe person suspected or accused of the offence or alleged offence,iimembers of the family, or associates, of the person suspected or accused of the offence or alleged offence,iiiany other person who is likely to be a suspect or an accused in relation to the offence or alleged offence,ivany other person who is likely to be a witness in criminal proceedings in relation to the offence or alleged offence, andgsuch other matters as the constable considers to be relevant.5For the purposes of this section and section 9C, a person has protection needs if they are vulnerable to—isecondary and repeat victimisation,iiintimidation, andiiiretaliation.6In this section—“a hearing in relevant criminal proceedings” means any hearing in the course of any criminal proceedings in the High Court, sheriff court or justice of the peace court in relation to an offence or alleged offence,“relevant interview” has the same meaning as in section 9A(2).9C1Subsection (2) applies where an assessment of a person under section 9B(1) finds that the person—ahas protection needs, andbwould benefit from the use of the measures listed in subsection (3) during a relevant interview.2Where this subsection applies, the measures listed in subsection (3) may be used for the purposes of any relevant interview.3The measures are—aconducting the relevant interview in premises designed or adapted for that purpose,bconducting the relevant interview by or through professionals trained for that purpose,censuring that all relevant interviews are conducted by the same person or persons.4The constable who is conducting or arranging the relevant interview must determine which, if any, of the measures listed in subsection (3) are to be used having regard to—athe needs and views of the person who is or appears to be a victim in relation to the offence or alleged offence,bthe interests of justice, andcany practical constraints on the use of any of the measures in those circumstances.5In this section, “relevant interview” has the same meaning as in section 9A(2).9D1A competent authority must take reasonable steps to enable a person who is or appears to be a victim in relation to an offence or alleged offence, or any of that person’s family members, to avoid contact with the person suspected, accused or convicted of the offence or alleged offence during a relevant interaction with a competent authority.2Subsection (1) does not apply—awhere such contact is necessary for the purposes of criminal investigations or criminal proceedings,bwhere the identity of the person suspected, accused or convicted of the offence or alleged offence is not known to the competent authority, orcin relation to the giving of evidence by any person at a hearing in relevant criminal proceedings.3For the purposes of this section—aan interaction between a person and a constable or a member of police staff is deemed to be an interaction between that person and the chief constable of the Police Service of Scotland, andban interaction between a person and a procurator fiscal is deemed to be an interaction between that person and the Lord Advocate.4In this section—“a hearing in relevant criminal proceedings” means any hearing in the course of any criminal proceedings in the High Court, sheriff court or justice of the peace court in relation to an offence or alleged offence,“a relevant interaction with a competent authority” means any interaction with a competent authority which—is for the purposes of criminal investigations or criminal proceedings, andtakes place within a police station, prosecutor’s office or court building,“family members”, in relation to a person who is or appears to be a victim, means—anyone who is married to, or is in a civil partnership with, the person,anyone who is living together with the person, as if they are married, and has been so living together with the person for a minimum period of 6 months,children and step-children of the person and anyone whom the person cares for, as defined in paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010,parents and step-parents of the person,siblings of the person,grandparents and great-grandparents of the person,grandchildren and great-grandchildren of the person, andwhere the person is deceased, anyone who was a family member of the person under paragraphs (a) to (g) immediately before the person’s death.9E1Subsection (2) applies during any interaction between—aa competent authority, andba person who is or appears to be a victim in relation to an offence or alleged offence or any of that person’s family members,which is for the purposes of a relevant function.2The authority must take reasonable steps to—aprotect the privacy of that person,bwhere that person or family member is a child, prevent disclosure of any information that could lead to the identification of the child, andcprevent the disclosure of any images of the person or any of the person’s family members.3This section is without prejudice to any other obligation placed, or power conferred, on a competent authority, either at common law or in any enactment, to—aprotect the privacy of a person who is or appears to be a victim in relation to an offence or alleged offence or that person’s family members,bprevent the identification of a person who is or appears to be a victim in relation to an offence or alleged offence or that person’s family members,cdisclose, or order or permit the disclosure of, any information about a person who is or appears to be a victim in relation to an offence or alleged offence or that person’s family members.4This section does not apply to the giving of evidence in a hearing in relevant criminal proceedings by—aa person who is or appears to be a victim in relation to an offence or alleged offence, orbany of that person’s family members.5For the purposes of this section, any interaction between—aa person who is or appears to be a victim in relation to an offence or alleged offence or any of that person’s family members, andba constable or a member of police staff,is deemed to be an interaction between that person or family member and the chief constable of the Police Service of Scotland.6For the purposes of this section, any interaction between—aa person who is or appears to be a victim in relation to an offence or alleged offence or any of that person’s family members, andba procurator fiscal,is deemed to be an interaction between that person or family member and the Lord Advocate.7In this section—“child” means a person under 18 years of age,“family members”, in relation to a person who is or appears to be a victim, means—anyone who is married to, or is in a civil partnership with, the person,anyone who is living together with the person, as if they are married, and has been so living together with the person for a minimum period of 6 months,children and step-children of the person and anyone whom the person cares for, as defined in paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010,parents and step-parents of the person,siblings of the person,grandparents and great-grandparents of the person,grandchildren and great-grandchildren of the person, andwhere the person is deceased, anyone who was a family member of the person under paragraphs (a) to (g) immediately before the person’s death,“a hearing in relevant criminal proceedings” means any hearing in the course of any criminal proceedings in the High Court, sheriff court or justice of the peace court in relation to an offence or alleged offence,“a relevant function” is—in the case of the Lord Advocate, any function relating to the investigation and prosecution of crime,in the case of the Scottish Ministers, any function conferred on the Scottish Ministers under this Act or section 16, 17 or 17A of the 2003 Act,in the case of any other competent authority, any function.10In section 271 of the 1995 Act (vulnerable witnesses: main definitions)—afor subsection (1), substitute—1For the purposes of this Act, a person who is giving or is to give evidence at, or for the purposes of, a hearing in relevant criminal proceedings is a vulnerable witness if—athe person is under the age of 18 on the date of commencement of the proceedings in which the hearing is being or is to be held,bthere is a significant risk that the quality of the evidence to be given by the person will be diminished by reason of—imental disorder (within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003), oriifear or distress in connection with giving evidence at the hearing,cthe offence is alleged to have been committed against the person in proceedings for—ian offence listed in any of paragraphs 36 to 59ZL of Schedule 3 to the Sexual Offences Act 2003,iian offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.),iiian offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation),ivan offence the commission of which involves domestic abuse, orvan offence of stalking, ordthere is considered to be a significant risk of harm to the person by reason only of the fact that the person is giving or is to give evidence in the proceedings.,bafter subsection (1), insert—1AAThe Scottish Ministers may by order subject to the affirmative procedure modify subsection (1)(c).,csubsection (1A) is repealed,din subsection (2), after “(1)(b)” insert “ or (d) ”, andeafter subsection (4), insert—4AIn determining whether a person is a vulnerable witness under subsection (1)(b) or (d), the court must—ahave regard to the best interests of the witness, andbtake account of any views expressed by the witness..111In section 71(2XA) of the 1995 Act (first diet), for “child” substitute “ vulnerable ”.2In section 72(6)(b)(ii) of the 1995 Act (preliminary hearing procedure), for “child” substitute “ vulnerable ”.3In section 271(5) of the 1995 Act (definitions for sections 271A to 271M of the 1995 Act)—abefore the definition of “court”, insert—“child witness” means a vulnerable witness referred to in subsection (1)(a),, andbafter that definition, insert—“deemed vulnerable witness” means a vulnerable witness referred to in subsection (1)(c),.4In section 271A of the 1995 Act (child witnesses)—ain subsection (1)—iafter “child witness”, where it first occurs, insert “ or a deemed vulnerable witness ”, andiithe word “child”, where it second occurs, is repealed,bin subsection (2)—iafter “child witness”, where it first occurs, insert “ or a deemed vulnerable witness ”,iifor “child”, where it second occurs, substitute “ vulnerable ”, andiiiin each of paragraphs (a) and (b), the word “child” is repealed,cin each of subsections (3) and (4), for “child” substitute “ vulnerable ”,dafter subsection (3), insert—3AIn the case where a vulnerable witness notice under subsection (2)(a) specifies only a standard special measure, subsection (3)(a) does not apply..ein subsection (5)—ifor “child”, where it first occurs, substitute “ vulnerable ”, andiiin paragraphs (a), (b) and (c), the word “child”, in each place where it occurs, is repealed,fin subsection (5A)—iin paragraph (a), for “child” substitute “ vulnerable ”, andiiin paragraph (b), for “child” substitute “ vulnerable ”,gin subsection (6)—iin paragraph (a), after “child witness” insert “ or a deemed vulnerable witness ”,iiin paragraph (b), for “child”, where it first occurs, substitute “ vulnerable ”,iiiin paragraph (b), the word “child”, where it second occurs, is repealed,ivin paragraph (c), for “child”, where it first occurs, substitute “ vulnerable ”, andvin paragraph (c), the word “child”, where it second occurs, is repealed,hin subsection (7)(a)—ifor “child”, where it first occurs, substitute “ vulnerable ”, andiithe word “child”, where it second occurs, is repealed,iin subsection (8A)(a)—iin sub-paragraph (i), for “child” substitute “ vulnerable ”, andiiin paragraph (ii), the word “above”, where it second occurs, is repealed,jin subsection (9), the word “child”, in each place where it occurs, is repealed,kin subsection (10), the word “child”, in each place where it occurs, is repealed,lin subsection (11)(a), the word “child” is repealed, andmin subsection (13), for “child” substitute “ vulnerable ”.5The title of section 271A of the 1995 Act becomes “ Child and deemed vulnerable witnesses ”.6The title of section 271C of the 1995 Act becomes “ Vulnerable witness application ”.7In section 271E(1)(a) of the 1995 Act (party considering vulnerable witness notice or application), for “child” substitute “ vulnerable ”.8In section 271F(2)(a) of the 1995 Act (modifications of section 271 in relation to accused giving evidence as a child witness)—ain paragraph (a)(i), for “child witness (except in the phrase “child witness notice”)” substitute “ witness ”, andbin paragraph (a)(ii), the word “child” is repealed.9In section 288E of the 1995 Act (prohibition of personal conduct of defence in certain cases involving child witnesses under the age of 12), in each of subsections (5) and (7) for “child” substitute “ vulnerable ”.12In section 271A of the 1995 Act (the standard special measures)—ain subsection (14)—iin paragraph (a), the words from “where” to the end are repealed, andiiin paragraph (c), the words from “in”, where it second occurs, to the end are repealed, andbafter that subsection, insert—15The Scottish Ministers may, by order subject to the affirmative procedure—amodify subsection (14),bin consequence of any modification made under paragraph (a)—iprescribe the procedure to be followed when standard special measures are used, andiiso far as is necessary, modify sections 271A to 271M of this Act..13In section 271A of the 1995 Act (child witnesses)—aafter subsection (4), insert—4AAny party to the proceedings may, not later than 7 days after a vulnerable witness notice has been lodged, lodge with the court a notice (referred to in this section as an “objection notice”) stating—aan objection to any special measure (other than a standard special measure) specified in the vulnerable witness notice that the party considers to be inappropriate, andbthe reasons for that objection.4BThe court may, on cause shown, allow an objection notice to be lodged after the period referred to in subsection (4A).4CIf an objection notice is lodged in accordance with subsection (4A) or (4B)—asubsection (5)(a)(ii) does not apply to the vulnerable witness notice, andbthe court must make an order under subsection (5A).,bin subsection (5), for “later than 7” substitute “ earlier than 7 days and not later than 14 ”, andcin subsection (13), after “notice” insert “ or an objection notice ”.141In section 271B of the 1995 Act (further special provision for child witnesses under the age of 12), for subsection (3), substitute—3Subsection (4) applies if the child witness expresses a wish to be present in the court-room for the purpose of giving evidence.4The court must make an order under section 271A or, as the case may be, 271D which has the effect of requiring the child witness to be present in the court-room for the purpose of giving evidence unless the court considers that it would not be appropriate for the child witness to be present there for that purpose.5Subsection (6) applies if the child witness—adoes not express a wish to be present in the court-room for the purpose of giving evidence, orbexpresses a wish to give evidence in some other way.6The court may not make an order under section 271A or 271D having the effect mentioned in subsection (4) unless the court considers that—athe giving of evidence by the child witness in some way other than by being present in the court-room for that purpose would give rise to a significant risk of prejudice to the fairness of the trial or otherwise to the interests of justice, andbthat risk significantly outweighs any risk of prejudice to the interests of the child witness if the order were to be made..2In section 271A(5) of the 1995 Act (orders authorising special measures), for “271B(3)” substitute “ 271B ”.3In section 271D of the 1995 Act (review of arrangements for child witnesses and certain other witnesses), after subsection (6), add—7This section is subject to section 271B..15In section 47 of the 1995 Act (restriction on report of proceedings involving children), in each of subsections (1), (2) and (3)(a), for “16”, wherever it occurs, substitute “ 18 ”.161After section 271B of the 1995 Act, insert—271BA1This section applies where a party intends to cite a witness other than a child witness or a deemed vulnerable witness to give evidence at, or for the purposes of, a hearing in relevant criminal proceedings.2The party intending to cite the witness must take reasonable steps to carry out an assessment under subsection (3).3An assessment must determine whether the person—ais likely to be a vulnerable witness, andbif so, what special measure or combination of special measures ought to be used for the purpose of taking the person's evidence.4In determining under subsection (3)(a) whether a person is likely to be a vulnerable witness the party must—atake into account the matters mentioned in section 271(2),bhave regard to the best interests of the person, andctake account of any views expressed by the person..2In section 271C(1) of the 1995 Act (citation of vulnerable witnesses)—aafter “witness”, where it first occurs, insert “ or a deemed vulnerable witness ”, andbbefore “considers” insert “ and, having carried out an assessment under section 271BA, ”.17In section 271C of the 1995 Act (other vulnerable witnesses)—aafter subsection (4), insert—4AAny party to the proceedings may, not later than 7 days after a vulnerable witness application has been lodged, lodge with the court a notice (referred to in this section as “an objection notice”) stating—aan objection to any special measure specified in the vulnerable witness application that the party considers to be inappropriate, andbthe reasons for that objection.4BThe court may, on cause shown, allow an objection notice to be lodged after the period referred to in subsection (4A).4CIf an objection notice is lodged in accordance with subsection (4A) or (4B)—asubsection (5) does not apply to the vulnerable witness application, andbthe court must make an order under subsection (5A).,bin subsection (5), for “later than 7” substitute “ earlier than 7 days and not later than 14 ”, andcin subsection (11)—iafter “application”, where it first occurs, insert “ or an objection notice ”, andiiafter “application”, where it second occurs, insert “ or, as the case may be, the notice ”.18In section 271D(1)(a) of the 1995 Act (application for review of arrangements for vulnerable witnesses), for “the party citing or intending to cite the witness” substitute “ any party to the proceedings ”.19After section 271H of the 1995 Act, insert—271HA1The Scottish Ministers may, by order subject to the affirmative procedure, specify additional measures which for the time being are to be treated as special measures listed in section 271H(1).2An order under subsection (1)3An order under subsection (1) must specify—athe area in which the additional measures may be used,bthe period during which the additional measures may be used, andcthe procedure to be followed when the additional measures are used..201In section 271H(1) of the 1995 Act (the special measures), after paragraph (e) insert—eaexcluding the public during the taking of the evidence in accordance with section 271HB of this Act,.2After section 271HA of the 1995 Act (inserted by section 19), insert—271HB1This section applies where the special measure to be used in respect of a vulnerable witness is excluding the public during the taking of the evidence of the vulnerable witness.2The court may direct that all or any persons other than those mentioned in subsection (3) are excluded from the court during the taking of the evidence.3The persons are—amembers or officers of the court,bparties to the case before the court, their counsel or solicitors or persons otherwise directly concerned in the case,cbona fide representatives of news gathering or reporting organisations present for the purpose of the preparation of contemporaneous reports of the proceedings,dsuch other persons as the court may specially authorise to be present..3In section 271F(8)(a) of the 1995 Act (special measures not applying in relation to a vulnerable witness who is the accused), after “271H(1)(c)” insert “ and (ea) ”.21In section 271H of the 1995 Act (the special measures)—ain subsection (1), paragraph (f) is repealed,bafter subsection (1), insert—1AThe Scottish Ministers may, by order subject to the affirmative procedure—amodify subsection (1),bin consequence of any modification made under paragraph (a)—iprescribe the procedure to be followed when special measures are used, andiiso far as is necessary, modify sections 271A to 271M of this Act., andcsubsection (2) is repealed.22In section 11(1) of the Vulnerable Witnesses (Scotland) Act 2004 (vulnerable witnesses: civil proceedings)—ain paragraph (a), for “16” substitute “ 18 ”,bthe word “or” immediately after that paragraph is repealed, andcafter paragraph (b), insert, or cthe person is of such description or is a witness in such proceedings as the Scottish Ministers may by order subject to the affirmative procedure prescribe..231Section 14 of the 2003 Act (victim statements) is amended in accordance with subsections (2) to (7).2In subsection (5)—ain paragraph (a)—iafter “when”, insert “ or after ”, andiiafter “offence”, insert “ but before sentence is imposed ”,bin paragraph (b)—iafter “when”, insert “ or after ”, andiiafter “offence”, insert “ but before sentence is imposed ”.3In subsection (6)(b)—ain sub-paragraph (i), after “subsection (10)” insert “ (taking no account of qualifying persons who have not attained the age of 12 years) ”,bthe word “or” immediately after sub-paragraph (i) is repealed,csub-paragraph (ii) is repealed, anddafter that sub-paragraph, the words “or as the case may be to the child” are repealed.4In subsection (8)—afor “neither” substitute “ not ”, andbthe words “nor a child such as is mentioned in sub-paragraph (ii) of that paragraph” are repealed.5After subsection (11), insert—11AWhere a child who has not attained the age of 12 years has (but for this subsection) the opportunity to make a statement by virtue of subsection (2), (3) or (6)(a)(i)—aany statement made by virtue of the subsection must instead be made by a carer of the child, butbthose subsections otherwise apply as if references in them to a person and to the maker of a statement are to the child.11BFor the purposes of subsection (11A), “carer of the child” means—aa person who cared for the child when the offence (or apparent offence) was perpetrated,ba person who cares for the child when the statement is made,ca person who has cared for the child at any other time.11CIf more than one person comes within the meaning of “carer of the child” the persons may agree which carer is to make the statement after, so far as practicable and having regard to the age and maturity of the child—agiving the child an opportunity to express any views on which carer is to make the statement, andbtaking account of any views expressed by the child.11DIf no agreement is reached in accordance with subsection (11C)—athe statement may be made by each person coming within the description in subsection (11B)(a), andbif there is no such person, the statement may be made by each person coming within the description in subsection (11B)(b).11EIn subsection (11B), the expressions “cared for” and “cares for” are to be construed in accordance with the definition of “someone who cares for” in paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010..6In subsection (12)(a)—afor “subsection (6)(b)(ii)” substitute “ this section ”, andbfor “there” substitute “ in any part of this section ”.7After subsection (12), insert—13A victim statement, or a statement made by virtue of subsection (3) in relation to a victim statement, may be made in such form and manner as may be prescribed.14An order under subsection (13) may—ainclude such incidental, supplementary or consequential provision as the Scottish Ministers consider appropriate,bmodify any enactment (including this Act).15An order under subsection (13) may be made so as to have effect for a period specified in the order.16An order under subsection (13) containing provision of the type mentioned in subsection (15) may provide that its provisions are to apply only in relation to one or more areas specified in the order..8Section 16 of the 2003 Act (victim's right to receive information concerning release etc. of offender) is amended in accordance with subsections (9) to (13).9 In subsection (5)—ain paragraph (a)—iafter “person”, insert “ to be given the information ”, andiiafter “Act”, insert “ (except that, in the case where a qualifying person is a child who has not attained the age of 12 years, paragraph (a)(i) of the said section 14(6) is to be construed as if the reference to the qualifying person were to a person who cares for the child) ”,bin paragraph (b)(ii)—iafter “child”, insert “ who has not attained the age of 12 years ”,iithe words from “such” to “paragraph (b)” are repealed,iiiafter “person” insert “ to be given the information ”, andivfor the words from “mentioned”, where it second occurs, to “cares”,” substitute “ references to the person who cares for the child ”,cin paragraph (b)(i), after “sub-paragraph”, where it second occurs, insert “ (taking him to be the person “afforded an opportunity”) ”, anddin paragraph (b) the words “(taking him to be the person “afforded an opportunity”)” are repealed.10In subsection (6)—afor “and (8) to (12)” substitute “ to (11) ”, andbafter “relation to”, where it first occurs, insert “ paragraphs (a) and (b)(i) of ”.11Subsection (7) is repealed.12In subsection (8), for “(7)” substitute “ (5)(a) and (b)(ii) ”.13After subsection (8), add—9The Scottish Ministers may by order amend this section by substituting for—athe person for the time being specified in any part of this section to whom information may be made available such other person as they think fit,bthe age for the time being specified in any part of this section such other age as they think fit..14In section 88(2) of the 2003 Act (orders), at the beginning of paragraph (b) insert “ 14(13) or ”.24In section 249 of the 1995 Act (compensation order against convicted person), after subsection (4) insert—4AIn any case where it would be competent for the court to make a compensation order, the court must consider whether to make a compensation order.4BBefore making a compensation order, the court must take steps to ascertain the views and wishes of the victim.4CNo compensation order may be made where the victim notifies the court that the victim does not wish to receive compensation from the person convicted of the offence.4DFor the purposes of subsections (4B) and (4C), “victim” has the meaning given by subsections (1A) and (1C)..25After section 253 of the 1995 Act, insert—253A1This section applies where a person (“P”) is convicted of an offence under section 90(1) of the Police and Fire Reform (Scotland) Act 2012 (police assault etc.).2The court, instead of or in addition to dealing with P in any other way, may make an order to be known as a restitution order requiring P to pay an amount not exceeding the prescribed sum (as defined in section 225(8)).3The Scottish Ministers may by regulations amend subsection (2) so as to substitute for the amount for the time being specified such other amount as may be prescribed by, or determined in accordance with, the regulations.4Any amount paid in respect of a restitution order is to be paid to the clerk of any court or any other person (or class of person) authorised by the Scottish Ministers for the purpose.5Regulations under subsection (3) are subject to the negative procedure.253B1A person to whom any amount is paid under section 253A in respect of a restitution order must pay the amount to the Scottish Ministers.2The Scottish Ministers must pay any amount received by virtue of subsection (1) into a fund to be known as the Restitution Fund.3The Scottish Ministers must establish, maintain and administer the Restitution Fund for the purpose of securing the provision of support services for persons who have been assaulted as mentioned in section 90(1) of the Police and Fire Reform (Scotland) Act 2012 (“victims”).4Any payment out of the fund may be made only to—aa person who provides or secures the provision of support services for victims, orbthe Scottish Ministers or, with the consent of the Scottish Ministers, a person specified by order by virtue of subsection (5) in respect of outlays incurred in administering the fund.5The Scottish Ministers may delegate to such person as they may specify by order the duties imposed on them by subsection (3) of establishing, maintaining and administering the Restitution Fund.6The Scottish Ministers may by order make further provision about the administration of the Restitution Fund including provision for or in connection with—aspecifying persons or classes of person to or in respect of whom payments may be made out of the fund (but subject to subsection (4)),bthe making of payments out of the fund,crequiring financial or other records to be kept,dthe making of reports to the Scottish Government containing such information and in respect of such periods as may be specified.7An order under subsection (5) or (6) is subject to the affirmative procedure.8In this section, “support services”, in relation to a victim, means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of the victim.253C1Subsection (2) applies where a court considers in relation to an offence that it would be appropriate—ato make a restitution order,bto impose a fine, andcto make a compensation order.2If the person convicted of the offence (“P”) has insufficient means to pay an appropriate amount under a restitution order, to pay an appropriate fine and to pay an appropriate amount in compensation, the court should prefer a compensation order and then a restitution order over a fine.3Subsection (4) applies where a court considers in relation to an offence that it would be appropriate—ato make a restitution order, andbto impose a fine or make a compensation order.4If P has insufficient means to pay an appropriate amount under a restitution order and to pay an appropriate fine or, as the case may be, an appropriate amount in compensation, the court should prefer a compensation order and then a restitution order over a fine.253D1This section applies where the court makes a restitution order in relation to a person (“P”) convicted of an offence and also in respect of the same offence or different offences in the same proceedings—aimposes a fine and makes a compensation order, orbimposes a fine or makes a compensation order.2A payment by P must be applied in the following order—athe payment must first be applied in satisfaction of the compensation order,bthe payment must next be applied in satisfaction of the restitution order,cthe payment must then be applied in satisfaction of the fine.253E1The provisions of this Act specified in subsection (2) apply in relation to restitution orders as they apply in relation to fines but subject to the modifications mentioned in subsection (2) and to any other necessary modifications.2The provisions are—asection 211(3) and (7),bsection 212,csection 213 (with the modification that subsection (2) is to be read as if the words “or (4)” were omitted),dsection 214(1) to (4) and (6) to (9) (with the modification that subsection (4) is to be read as if the words from “unless” to “decision” were omitted),esections 215 to 217,fsubject to subsection (3) below, section 219(1)(b), (2), (3), (5), (6) and (8),gsections 220 to 224,hsection 248B.3In the application of the provisions of section 219 mentioned in subsection (2)(f) for the purposes of subsection (1)—aa court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a restitution order but not vice versa,bwhere a court imposes imprisonment both in respect of a fine and a restitution order, the amounts in respect of which imprisonment is imposed are to be aggregated for the purposes of section 219(2)..26After section 253E of the 1995 Act (inserted by section 25), insert—253F1This section applies where—aa person (“P”) is convicted of an offence other than an offence, or offence of a class, that is prescribed by regulations by the Scottish Ministers,bthe court does not make a restitution order, andcthe court imposes a sentence, or sentence of a class, that is so prescribed.2Except in such circumstances as may be prescribed by regulations by the Scottish Ministers, the court, in addition to dealing with P in any other way, must order P to pay a victim surcharge of such amount as may be so prescribed.3Despite subsection (2), if P is convicted of two or more offences in the same proceedings, the court must order P to pay only one victim surcharge in respect of both or, as the case may be, all the offences.4Any sum paid in respect of a victim surcharge is to be paid to the clerk of any court or any other person (or class of person) authorised by the Scottish Ministers for the purpose.5Regulations under this section may make different provision for different cases and in particular may include provision—aprescribing different amounts for different descriptions of offender,bprescribing different amounts for different circumstances.6Where provision is made by virtue of subsection (5), the Scottish Ministers may by regulations make provision for determining which victim surcharge is payable in the circumstances mentioned in subsection (3).7Regulations under this section are subject to the affirmative procedure.253G1A person to whom any sum is paid under section 253F(4) in respect of a victim surcharge must pay the sum to the Scottish Ministers.2The Scottish Ministers must pay any sum received by virtue of subsection (1) into a fund to be known as the Victim Surcharge Fund.3The Scottish Ministers must establish, maintain and administer the Victim Surcharge Fund for the purpose of securing the provision of support services for persons who are or appear to be the victims of crime and prescribed relatives of such persons.4Any payment out of the fund may be made only to—aa person who is or appears to be the victim of crime,ba prescribed relative of a person who is or appears to be the victim of crime,ca person who provides or secures the provision of support services for persons who are or appear to be victims of crime, ordthe Scottish Ministers or, with the consent of the Scottish Ministers, a person specified by order by virtue of subsection (5) in respect of outlays incurred in administering the fund.5The Scottish Ministers may delegate to such person as they may specify by order the duties imposed on them by subsection (3) of establishing, maintaining and administering the Victim Surcharge Fund.6The Scottish Ministers may by regulations make further provision about the administration of the Victim Surcharge Fund including provision for or in connection with—athe making of payments out of the fund,bthe keeping of financial and other records,cthe making of reports to the Scottish Government containing such information and in respect of such periods as may be specified.7An order under subsection (5) and regulations under subsection (6) are subject to the affirmative procedure.8In this section—“prescribed” means prescribed by the Scottish Ministers by regulations,“support services”, in relation to a person who is or appears to be the victim of crime, means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of the person or a prescribed relative of the person.9Regulations under subsections (3), (4) and (8) are subject to the negative procedure.253H1This section applies where the court orders the payment of a victim surcharge in relation to a person (“P”) convicted of an offence and also in respect of the same offence or different offences in the same proceedings—aimposes a fine and makes a compensation order, orbimposes a fine or makes a compensation order.2A payment by P must be applied in the following order—athe payment must first be applied in satisfaction of the compensation order,bthe payment must next be applied in satisfaction of the victim surcharge,cthe payment must then be applied in satisfaction of the fine.253J1The provisions of this Act specified in subsection (2) apply in relation to victim surcharges as they apply in relation to fines but subject to the modifications mentioned in subsection (2) and to any other necessary modifications.2The provisions are—asection 211(3) and (4),bsection 212,csection 213 (with the modification that subsection (2) is to be read as if the words “or (4)” were omitted),dsection 214(1) to (4) and (6) to (9) (with the modification that subsection (4) is to be read as if the words from “unless” to “decision” were omitted),esections 215 to 218,fsubject to subsection (3) below, section 219(1)(b), (2), (3), (5), (6) and (8),gsections 220 to 224,hsection 248B.3In the application of the provisions of section 219 mentioned in subsection (2)(f) for the purposes of subsection (1)—aa court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a victim surcharge but not vice versa,bwhere a court imposes imprisonment both in respect of a fine and a victim surcharge, the amounts in respect of which imprisonment is imposed are to be aggregated for the purposes of section 219(2)..27In section 16 of the 2003 Act (victim's right to receive information about release of offender etc.)—ain subsection (1), for the words from “a”, where it first occurs, to “offence)” substitute “ an offence ”, andbin subsection (3), for paragraph (d) substitute—dthat the convicted person is for the first time entitled to be considered for temporary release by virtue of rules under section 39(6) of the 1989 Act,.27A1Where a person (“A”) is sentenced to imprisonment or detention for a period of less than 18 months in respect of an offence, the Scottish Ministers must, if any person who is or appears to be a victim in relation to the offence (“V”) so requests, notify V of A’s—alawful release, orbescape from prison.2Subsection (1) does not apply where the Scottish Ministers consider that there is an identified risk of harm to A if notification occurs.3Notification for the purposes of subsection (1)—amust include—ithe date of the release or escape, andii in the case of release, any licence conditions which have been imposed on A under the 1989 Act or the 1993 Act for the protection of V, bmust be given—iwhere the request is made before release or escape, as soon as reasonably practicable after the release or escape occurs,iiwhere the request is made after the release or escape, as soon as reasonably practicable after the request is made.4In this section— “the 1989 Act ” means the Prisons (Scotland) Act 1989 , “the 1993 Act ” means the Prisoners and Criminal Proceedings (Scotland) Act 1993 , “lawful release” means release under or by virtue of the 1989 Act or the 1993 Act , other than temporary release,“lawful release” means release under or by virtue of—the 1989 Act (other than temporary release),the 1993 Act, orregulations made under paragraph 19(1) of schedule 4 of the Coronavirus (Scotland) Act 2020, “prison” includes a young offenders institution. 27B1This section applies where—aa person entitled to receive information under section 27A (“V”) 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 V, the information described in section 27A(1) in relation to the person sentenced to imprisonment or detention (“A”), orba supporter intimates to the Scottish Ministers that they wish to be given that information and Ministers are satisfied that V consents to the supporter being given the information.2This subsection applies to a person—aof a description prescribed by the Scottish Ministers by regulations, andbwho is providing support services to V in relation to the offence perpetrated against V by A.3The Scottish Ministers must notify the supporter of the matters mentioned in section 27A(1).4Section 27A(2) and (3) apply to notification under subsection (3) as they apply to notification under section 27A(1).5In this section, “support services” has the same meaning as in section 16ZA(5) of the 2003 Act.6Regulations under subsection (2)(a) may—ainclude incidental, supplementary, consequential, transitional, transitory or saving provision,bmodify enactments (including this Act).7Regulations under subsection (2)(a)—awhich add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,bare otherwise subject to the negative procedure.28In section 17 of the 2003 Act (release on licence: right of victim to receive information and make representations)—ain subsection (1)—ithe words from “be”, where it first occurs, to the end become paragraph (a) of the subsection, andiiafter that paragraph, add—bif the convicted person is serving a sentence of life imprisonment, be afforded an opportunity to make oral representations to a member of the Parole Board for Scotland who is not dealing with the convicted person's case as respects such release and as to conditions which might be specified in the licence in question.,bin subsection (4)—iafter “how” insert “ written ”, andiiat the end add “ and how oral representations under that subsection should be made ”,cafter subsection (10), insert—10AIn complying with the duty imposed on them by subsection (5), the Scottish Ministers may fix different times in relation to written and oral representations respectively., anddafter subsection (12), add—13The Scottish Ministers may by order modify the description or descriptions of convicted person for the time being specified in subsection (1)(b)..29After section 17 of the 2003 Act, insert—17A1This section applies where by virtue of subsection (1) or (5) of section 16 a person (the “victim”) is given the information mentioned in subsection (3)(d) of that section as respects a convicted person.2On 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.3Subsection (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.4The Scottish Ministers must—afix a time within which any written representations under subsection (2) require to be made to them if they are to be considered by them, andbnotify the victim of the time fixed..29A1This section applies where, under section 3C, 3D, 3E, 3F, 3G, 6 , 8A or 27A—aa competent authority is to exercise a function in relation to, or at the request of, a person who is or appears to be a victim in relation to an offence or alleged offence, andbthe person is a child.2If the competent authority considers that it is in the best interests of the child to exercise the function in relation to, or at the request of, the child, the function—ais exercisable in relation to, or at the request of, the child, andbis also exercisable in relation to, or at the request of, the child’s parent if the authority considers that it is in the best interests of the child to do so.3If the competent authority considers that it is not in the best interests of the child to exercise the function in relation to, or at the request of, the child, the function—ais not exercisable in relation to, or at the request of, the child, andbis instead exercisable in relation to, or at the request of, the child’s parent if the authority considers that it is in the best interests of the child to do so.4If, for the purposes of subsection (2)(b) or (3)(b), the competent authority considers that it is not in the best interests of the child to exercise the function in relation to, or at the request of, the child’s parent—athe function is not so exercisable, andbthe function may instead be exercisable in relation to, or at the request of, such person as the authority considers appropriate having regard to the age, maturity, views, needs and concerns of the child.5Subsections (2)(b) and (3)(b) do not require a competent authority to exercise a function in relation to a parent of a child if, having taken reasonable steps to determine the parent’s whereabouts, the parent’s whereabouts are unknown to the authority.6In this section—“child” means a person under 18 years of age,“parent”, in relation to a child, means any person holding parental responsibilities for that child within the meaning of the Children (Scotland) Act 1995.29B1Subject to subsections (2) and (3), references in this Act to a person who is or appears to be a victim include—awhere the reference is in relation to any criminal investigation or criminal proceedings, a qualifying relative of a person whose death was (or appears to have been) caused by the offence or alleged offence which is the subject of the criminal investigation or criminal proceedings, andbwhere the reference is in relation to an offence or alleged offence, a qualifying relative of a person whose death was (or appears to have been) caused by the offence or alleged offence.2This section does not apply in relation to sections 2, 6, 8, 9D, 9E and 26.3Where, by virtue of subsection (1), a function of a competent authority under section 3C, 3D, 3G or 27A is exercisable in relation to, or at the request of, a qualifying relative of a deceased person—athe function is exercisable only in relation to, or at the request of, a person who is one of the four highest listed relatives in the definition of “qualifying relative” in subsection (5), andbthe competent authority—imay decline to exercise the function in relation to, or at the request of, a person who is one of those qualifying relatives, if it considers it inappropriate to exercise the function in relation to, or at the request of, that person, andiiis not required to exercise the function in relation to a person who is one of those qualifying relatives if, having taken reasonable steps to ascertain that person’s whereabouts, that person’s whereabouts are unknown to the authority.4For the purposes of determining which relatives are highest listed in the definition of “qualifying relative”, the elder of any two persons described in any one of paragraphs (a) to (g) of the definition is to be taken to be the higher listed relative regardless of gender.5In this section, “qualifying relative” means—aanyone who was married to, or was in a civil partnership with, the person immediately before the person’s death,banyone who had been living together with the person, as if they were married, for a minimum period of 6 months immediately before the person’s death,cchildren and step-children of the person and anyone whom the person cared for, as defined in paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010, immediately before the person’s death,dparents and step-parents of the person,esiblings of the person,fgrandparents and great-grandparents of the person, andggrandchildren and great-grandchildren of the person.30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32In this Act—“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995,“the 2003 Act” means the Criminal Justice (Scotland) Act 2003, “ competent authority " means each of the following persons— the Lord Advocate,the Scottish Ministers,the chief constable of the Police Service of Scotland,the Scottish Courts and Tribunals Service,the Parole Board for Scotland,“a member of police staff” means a member of police staff appointed under section 26 of the Police and Fire Reform (Scotland) Act 2012,“the Mental Health Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003.“procurator fiscal” has the same meaning as in section 307(1) of the 1995 Act.331The Scottish Ministers may by order make such supplementary, incidental, consequential, transitional, transitory or saving provision as they consider appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.2An order under this section may modify any enactment (including this Act).3An order under subsection (1) containing provisions which add to, replace or omit any part of the text of an Act is subject to the affirmative procedure.4Otherwise, an order under subsection (1) is subject to the negative procedure.341This section and sections 30 so far as it inserts the new section 4ZA, 31(1), 31(2) so far as it inserts paragraphs 1, 2 and 5 of the new schedule 1A, 31(3), 32, 33 and 35 come into force on the day after Royal Assent.2The other provisions of this Act come into force on such day as the Scottish Ministers may by order appoint.3An order under subsection (2) may contain transitory or transitional provision or savings.35The short title of this Act is the Victims and Witnesses (Scotland) Act 2014.S. 2 in force at 13.8.2014 for specified purposes by S.S.I. 2014/210, art. 2, Sch.S. 6 in force at 13.8.2014 for specified purposes by S.S.I. 2014/210, art. 2, Sch.S. 8 in force at 13.8.2014 by S.S.I. 2014/210, art. 2, Sch.S. 23(1)-(6) in force at 13.8.2014 for specified purposes by S.S.I. 2014/210, art. 2, Sch. (with art. 3)S. 23(8)-(13) in force at 13.8.2014 by S.S.I. 2014/210, art. 2, Sch. (with art. 3)S. 27 in force at 13.8.2014 by S.S.I. 2014/210, art. 2, Sch. (with art. 3)S. 28 in force at 13.8.2014 by S.S.I. 2014/210, art. 2, Sch. (with art. 3)S. 29 in force at 13.8.2014 by S.S.I. 2014/210, art. 2, Sch. (with art. 3)S. 26 in force at 13.8.2014 for specified purposes by S.S.I. 2014/210, art. 2, Sch.S. 1 in force at 30.1.2015 by S.S.I. 2014/359, art. 2, Sch.S. 2 in force at 30.1.2015 in so far as not already in force by S.S.I. 2014/359, art. 2, Sch. (with art. 3)S. 3 in force at 30.1.2015 by S.S.I. 2014/359, art. 2, Sch.S. 6(1)-(6) (8) (9) in force at 30.1.2015 in so far as not already in force by S.S.I. 2014/359, art. 2, Sch.S. 6(7)(a)-(c) in force at 30.1.2015 for specified purposes by S.S.I. 2014/359, art. 2, Sch.S. 6(7)(d)-(j) in force at 30.1.2015 for specified purposes by S.S.I. 2014/359, art. 2, Sch. (with art. 1(3))S. 4 in force at 1.7.2015 by S.S.I. 2015/200, art. 2(1)S. 7 in force at 1.9.2015 by S.S.I. 2015/200, art. 2(2), Sch. (with art. 3)S. 10 in force at 1.9.2015 with effect in accordance with art. 1(3) by S.S.I. 2015/200, art. 2(2), Sch. (with art. 4)S. 11 in force at 1.9.2015 with effect in accordance with art. 1(3) by S.S.I. 2015/200, art. 2(2), Sch. (with art. 4)S. 12 in force at 1.9.2015 with effect in accordance with art. 1(3) by S.S.I. 2015/200, art. 2(2), Sch. (with art. 4)S. 13 in force at 1.9.2015 with effect in accordance with art. 1(3) by S.S.I. 2015/200, art. 2(2), Sch. (with art. 4)S. 14 in force at 1.9.2015 with effect in accordance with art. 1(3) by S.S.I. 2015/200, art. 2(2), Sch. (with art. 4)S. 15 in force at 1.9.2015 by S.S.I. 2015/200, art. 2(2), Sch.S. 16 in force at 1.9.2015 with effect in accordance with art. 1(3) by S.S.I. 2015/200, art. 2(2), Sch. (with art. 4)S. 17 in force at 1.9.2015 with effect in accordance with art. 1(3) by S.S.I. 2015/200, art. 2(2), Sch. (with art. 4)S. 18 in force at 1.9.2015 with effect in accordance with art. 1(3) by S.S.I. 2015/200, art. 2(2), Sch. (with art. 4)S. 19 in force at 1.9.2015 by S.S.I. 2015/200, art. 2(2), Sch.S. 20 in force at 1.9.2015 with effect in accordance with art. 1(3) by S.S.I. 2015/200, art. 2(2), Sch. (with art. 4)S. 22 in force at 1.9.2015 with effect in accordance with art. 1(4) by S.S.I. 2015/200, art. 2(2), Sch. (with art. 5)S. 21 in force at 1.9.2015 by S.S.I. 2015/200, art. 2(2), Sch.S. 1A inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 2 S. 3A and cross-heading inserted (23.12.2015) by The Victims Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 3Ss. 3B-3D and cross-headings inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 4Ss. 3E, 3F and cross-heading inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 5 S. 3G and cross-heading inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 6S. 3H and cross-heading inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 7S. 3I and cross-heading inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 8 S. 3J and cross-heading inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 9Ss. 9A-9C and cross-heading inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 13Ss. 9D, 9E and cross-heading inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 14S. 27A inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 15Ss. 29A, 29B and cross-headings inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 16Words in s. 4(1) inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 10(a)Words in s. 4(1) inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 10(b)Words in s. 5(1)(a) inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 11(a)Words in s. 5(1)(a) inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 11(b)Words in s. 8(1) inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 12Words in s. 32 inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 17(a)Words in s. 32 inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 17(b)S. 8(5)(ca) inserted (31.5.2016) by Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12), s. 45(2), Sch. para. 6 (with s. 44); S.S.I. 2016/128, reg. 2, Sch.S. 26 in force at 25.11.2019 for specified purposes by S.S.I. 2019/283, art. 2Words in s. 27A(4) substituted (temp.) (4.5.2020 at 10.15 a.m.) by virtue of The Criminal Justice (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/137), regs. 1(1), 3S. 25 in force at 25.8.2020 for specified purposes by S.S.I. 2020/237, art. 2S. 23(1)-(6) in force at 10.2.2021 in so far as not already in force by S.S.I. 2020/405, art. 2(a)S. 25 in force at 10.2.2021 in so far as not already in force by S.S.I. 2020/405, art. 2(b) (with art. 3)S. 23(7)(14) in force at 10.2.2021 by S.S.I. 2020/405, art. 2(a)S. 5 in force at 24.2.2021 by S.S.I. 2021/39, art. 2Ss. 30, 31 and cross-heading repealed (28.6.2021) by Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (asp 15), s. 109(2), sch. 2 para. 5(2); S.S.I. 2021/234, reg. 2, sch.S. 9 in force at 1.4.2022 by S.S.I. 2022/22, art. 2S. 8A inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(2) (with s. 3); S.S.I. 2022/24, reg. 2S. 9(1) substituted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(3)(a) (with s. 3); S.S.I. 2022/24, reg. 2Words in s. 9(2) repealed (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(3)(b)(i) (with s. 3); S.S.I. 2022/24, reg. 2Words in s. 9(2) substituted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(3)(b)(ii) (with s. 3); S.S.I. 2022/24, reg. 2Word in s. 9(2) substituted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(3)(b)(iii) (with s. 3); S.S.I. 2022/24, reg. 2Words in s. 9(3) repealed (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(3)(c)(i) (with s. 3); S.S.I. 2022/24, reg. 2Words in s. 9(3) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(3)(c)(ii) (with s. 3); S.S.I. 2022/24, reg. 2Word in s. 29A(1) inserted (1.4.2022) by Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 (asp 3), s. 20(2), sch. para. 5(4) (with s. 3); S.S.I. 2022/24, reg. 2Words in s. 3J(a) omitted (1.12.2022) by virtue of The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 6(3)Word in s. 3J heading substituted (1.12.2022) by The Civil Protection Measures, European Protection Order and Victims’ Rights (EU Exit) (Scotland) (Amendment Etc.) Regulations 2022 (S.S.I. 2022/249), regs. 1(1), 6(2)S. 27B inserted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(12), 18(2); S.S.I. 2024/145, reg. 2(1)