Search Legislation

Victims and Witnesses (Scotland) Act 2014

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Section 6

 Help about opening options

No versions valid at: 01/07/2014

Alternative versions:

Status:

Point in time view as at 01/07/2014. This version of this provision is not valid for this point in time. Help about Status

Close

Status

Not valid for this point in time generally means that a provision was not in force for the point in time you have selected to view it on.

Changes to legislation:

Victims and Witnesses (Scotland) Act 2014, Section 6 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Valid from 13/08/2014

6Disclosure of information about criminal proceedingsS

This section has no associated Explanatory Notes

(1)A person mentioned in subsection (2) (a “requester”) may at any time request a qualifying person to disclose to the requester qualifying information in relation to an offence or alleged offence and any criminal investigation or criminal proceedings relating to it.

(2)The persons are—

(a)a person who appears to be a victim of the offence or alleged offence,

(b)in the case where the death of a person mentioned in paragraph (a) was (or appears to have been) caused by the offence or alleged offence, a prescribed relative of the person,

(c)a person who is to give, or is likely to give, evidence in criminal proceedings which have been, or are likely to be, instituted against a person in respect of the offence or alleged offence,

(d)a person who has given a statement in relation to the offence or alleged offence to a constable or the prosecutor.

(3)Where a request is made under subsection (1), the qualifying person must disclose to the requester any qualifying information which the person holds.

(4)In the case where the qualifying information falls within paragraph (a), (b) or (c) of subsection (7), a qualifying person must not comply with a request under subsection (1) in so far as disclosure of the qualifying information would require disclosure of information supplied by a Minister of the Crown or a department of the Government of the United Kingdom that is held in confidence by the person.

(5)A qualifying person need not comply with a request under subsection (1) in so far as the qualifying person considers that it would be inappropriate to disclose any qualifying information.

(6)In this section—

  • prescribed” means prescribed by the Scottish Ministers by order,

  • qualifying information” means information that—

    (a)

    falls within subsection (7),

    (b)

    relates to the offence or alleged offence, and

    (c)

    is specified in the request under subsection (1),

  • qualifying person” means—

    (a)

    the chief constable of the Police Service of Scotland,

    (b)

    a prosecutor (as defined in section 307(1) of the 1995 Act),

    (c)

    the Scottish Court Service.

(7)Information falls within this subsection if it is—

(a)a decision not to proceed with a criminal investigation and any reasons for it,

(b)a decision to end a criminal investigation and any reasons for it,

(c)a decision not to institute criminal proceedings against a person and any reasons for it,

(d)the place in which a trial is to be held,

(e)the date on which and time at which a trial is to be held,

(f)the nature of charges libelled against a person,

(g)the place in which the hearing of an appeal arising from a trial is to be held,

(h)the date on which and time at which the hearing of an appeal arising from a trial is to be held,

(i)the stage that criminal proceedings have reached,

(j)the final decision of a court in a trial or any appeal arising from a trial, and any reasons for it.

(8)The Scottish Ministers may by order modify—

(a)the definition of “qualifying person” in subsection (6),

(b)subsection (7).

(9)An order under—

(a)subsection (2)(b) is subject to the negative procedure,

(b)subsection (8) is subject to the affirmative procedure.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources