Explanatory Notes

Mental Health (Scotland) Act 2015

2015 asp 9

4 August 2015

The Structure & a Summary of the Act

Part Three – Victims’ Rights

Section 55: Right to information: compulsion order
New section 16A of the Criminal Justice Act 2003

151.New section 16A provides that where a person over 16 has been made subject to a CORO in proceedings in respect of an offence perpetrated against a natural person, the Scottish Ministers must give the information described in section 16C to the person entitled to receive that information (as determined by section 16B), provided that the person has requested to be given the information. Information about a condition imposed on conditional discharge may only be given where the condition is relevant to the person (as described in section 18A(3)). The information required to be given by section 16A may only be withheld if the Scottish Ministers consider that disclosing the information would be inappropriate due to exceptional circumstances in the case.