Disclosure of information

6Disclosure of information about criminal proceedings

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—

    1. a

      falls within subsection (7),

    2. b

      relates to the offence or alleged offence, and

    3. c

      is specified in the request under subsection (1),

  • “qualifying person” means—

    1. a

      the chief constable of the Police Service of Scotland,

    2. b

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

    3. 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.