53.Victim statements allow victims and close relatives to tell the court about the way in which, and the degree to which, an offence (or apparent offence) has affected and, as the case may be, continues to affect them. Section 14 of the Criminal Justice (Scotland) Act 2003 (“the 2003 Act”) sets out the arrangements for the submission of victim statements in court. In solemn proceedings, a victim statement was previously laid before the court when moving for sentence and in summary proceedings the statement was previously laid when a guilty plea was tendered or the accused was convicted. Section 23 of the Act allows victim statements to be submitted to the court, in solemn proceedings, at any time after the prosecutor moves for sentence or, in summary proceedings, at any time after the accused pleads guilty or is found guilty. In both solemn and summary proceedings, the victim statement must be lodged before sentence is passed. This is to ensure that, if the statement is not available at the time of moving for sentence or at the time of the guilty plea, this does not prejudice the victim in the case.
Victims and Witnesses (Scotland) Act 2014
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- 2014 asp 1
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- 53 Victim statements allow victims and close relatives to tell the court about the way in which, and the degree to which, an offence (or apparent offence) has affected and, as the case may be, continues to affect them. Section 14 of the Criminal Justice (Scotland) Act 2003 (“the 2003 Act”) sets out the arrangements for the submission of victim statements in court. In solemn proceedings, a victim statement was previously laid before the court when moving for sentence and in summary proceedings the statement was previously laid when a guilty plea was tendered or the accused was convicted. Section 23 of the Act allows victim statements to be submitted to the court, in solemn proceedings, at any time after the prosecutor moves for sentence or, in summary proceedings, at any time after the accused pleads guilty or is found guilty. In both solemn and summary proceedings, the victim statement must be lodged before sentence is passed. This is to ensure that, if the statement is not available at the time of moving for sentence or at the time of the guilty plea, this does not prejudice the victim in the case.
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