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).