5Restorative justiceS
(1)The Scottish Ministers may issue guidance about—
(a)the referral of a person who is or appears to be a victim in relation to an offence [F1or alleged offence] and a person who has or is alleged to have committed the offence [F2or alleged offence] to restorative justice services, and
(b)the provision of restorative justice services to those persons.
(2)Any 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).
(3)In 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.
(4)An order under subsection (2) is subject to the negative procedure.
Textual Amendments
F1Words 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)
F2Words 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)
Commencement Information
I1S. 5 in force at 24.2.2021 by S.S.I. 2021/39, art. 2