Explanatory Notes

Victims and Witnesses (Scotland) Act 2014

2014 asp 1

17 January 2014

Commentary on Sections

Rules: review of decision not to prosecute

Section 4 – Rules: review of decision not to prosecute

16.Section 4(1) provides that the Lord Advocate must prepare and publish rules about the process for carrying out a review of a decision not to prosecute someone for an offence, when a person who is a victim, or appears to be a victim, of the offence requests such a review.

17.Section 4(2) sets out that the rules may, in particular, detail the circumstances in which a review may be carried out, the manner in which a request for a review must be made and the information to be included in such a request. Rules may also detail what information should be taken into account and the process that should be followed by the Lord Advocate when carrying out a review.

18.Section 4(3) sets out that the definition of “prosecutor” for the purposes of this section means the Lord Advocate, crown counsel or procurator fiscal.