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Victims and Witnesses (Scotland) Act 2014

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Rules: review of decision not to prosecute

4Rules: review of decision not to prosecute

(1)The 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, a decision of the prosecutor not to prosecute a person for the offence.

(2)Rules under subsection (1) may in particular make provision for or in connection with—

(a)the circumstances in which reviews may be carried out,

(b)the manner in which a request for review must be made,

(c)the information that must be included in a request for review,

(d)the matters to be taken into account by the Lord Advocate when carrying out reviews,

(e)the process to be followed by the Lord Advocate when carrying out reviews.

(3)In this section, “prosecutor” means Lord Advocate, Crown Counsel or procurator fiscal.

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