PART 2PROTECTION OF VICTIMS

Prosecution of victims

I18Lord Advocate's instructions on prosecution of victims of offences

1

The Lord Advocate must issue and publish instructions about the prosecution of a person who is, or appears to be, the victim of an offence—

a

of human trafficking,

b

under section 4.

2

The instructions must in particular include factors to be taken into account or steps to be taken by the prosecutor when deciding whether to prosecute a person in the circumstances mentioned in subsections (3) and (4).

3

The circumstances are where—

a

an adult does an act which constitutes an offence because the adult has been compelled to do so, and

b

the compulsion appears to be directly attributable to the adult being a victim of an offence mentioned in subsection (1).

4

The circumstances are where—

a

a child does an act which constitutes an offence, and

b

the act appears to be done as a consequence of the child being a victim of an offence mentioned in subsection (1).

5

The Lord Advocate may from time to time revise the instructions.

6

In this section “prosecutor” means Lord Advocate, Crown Counsel or procurator fiscal (and any person duly authorised to represent or act for them).