Mental Health (Scotland) Act 2015 Explanatory Notes

Section 57: information sharing.
New section 17E

161.Section 57 of the Act inserts new section 17E to the Criminal Justice Act, which provides that, where the Scottish Ministers are required by section 16 or 16A to give a victim information about an offender, they must give notice to the restricted patient’s responsible medical officer and, if the offender is subject to a compulsion order and restriction order, the Tribunal.

162.Notice under subsection (1) is to request that the recipient of the notice must give the Scottish Ministers such information as they may require to fulfil their duties to give information to the victim under sections 16, 16A or 17D. The recipient of this notice must comply with the request given. If the Scottish Ministers cease to be required to give anyone information about the offender they must notify all recipients of the notice, which thereafter ceases to apply to persons in receipt of it.

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