Disclosure of information

I16Disclosure of information about criminal proceedings

I21

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.

I22

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.

I23

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

I24

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.

I25

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.

I26

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—

I3a

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

I3b

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

I3c

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

I4d

the place in which a trial is to be held,

I4e

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

I4f

the nature of charges libelled against a person,

I4g

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

I4h

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

I4i

the stage that criminal proceedings have reached,

I4j

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

I28

The Scottish Ministers may by order modify—

a

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

b

subsection (7).

I29

An order under—

a

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

b

subsection (8) is subject to the affirmative procedure.