Standards of service

2Standards of service

(1)

Each person mentioned in subsection (2) must set and publish standards in relation to—

(a)

the 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,

F1(aa)

the carrying out of those functions in relation to such a person in a way that accords with trauma-informed practice,

(b)

the person's procedure for making and resolving complaints about the way in which the person carries out those functions.

(2)

The persons are—

(a)

the Lord Advocate,

(b)

the Scottish Ministers,

(c)

the chief constable of the Police Service of Scotland,

(d)

the Scottish Court Service,

(e)

the Parole Board for Scotland.

(3)

The functions are—

(a)

in the case of the Lord Advocate, functions relating to the investigation and prosecution of crime,

(b)

in the case of the Scottish Ministers, functions relating to—

F2(i)

prisons and young offenders institutions and persons detained in them,

F3(ii)

persons who are subject both to a compulsion order under either section 57(2)(a) or 57A(2) of the 1995 Act and to a restriction order under section 59 of that Act,

(iii)

persons who are subject to a hospital direction under section 59A of the 1995 Act,

(iv)

persons in respect of whom a transfer for treatment direction under section 136(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 has been made,

(c)

in the case of any other person mentioned in subsection (2), any functions.

(4)

Before a person mentioned in subsection (2) (“the publisher”) publishes standards under subsection (1), the publisher must consult—

(a)

every other person mentioned in subsection (2), and

(b)

such other persons as appear to the publisher to have a significant interest in the standards.

F4(4A)

Each person mentioned in subsection (2) must set and publish revised standards within the period of 18 months beginning on the day on which section 26 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 comes into force.

(4B)

Subsections (1) to (4) apply to the revised standards as they apply to the original standards.

(5)

The Scottish Ministers may by order—

(a)

modify subsection (2),

(b)

so far as is necessary or expedient in consequence of any modification made under paragraph (a), modify subsection (1), (3) or (6).

(6)

In this section—

  • “prison” and “young offenders institution” have the meanings given by section 307(1) of the 1995 Act,

  • F5“trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025,

  • “victim” includes a prescribed relative of a victim.

(7)

In subsection (6), “prescribed” means prescribed by the Scottish Ministers by order.

(8)

An order under subsection (5) is subject to the affirmative procedure.

(9)

An order under subsection (6) is subject to the negative procedure.