Search Legislation

Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021

Status:

This is the original version (as it was originally enacted).

17Meaning of references to “evidence”

(1)References in this Act (however expressed) to evidence collected during a forensic medical examination include reference to—

(a)images created,

(b)samples (for example, samples of blood, semen, urine, or hair and samples taken by swabbing a person’s genitals or bodily orifices) collected,

(c)any notes or other records (including notes or records about matters other than the physical condition of the person undergoing the examination) created,

(d)items worn or otherwise present during the incident which gave rise to the need for such an examination and collected,

during or in connection with the examination.

(2)But such references do not include reference to anything collected or created during or in connection with the examination if the thing was collected or created for use other than use as is mentioned in section 2(3) (for example, for use in identifying, recording and addressing the health care needs of the person undergoing the examination).

(3)Anything collected or created in anticipation of a forensic medical examination being carried out under this Act is to be regarded as having been collected or created during or in connection with such an examination even where the person who was referred for or, as the case may be, requested the examination does not proceed to undergo such an examination.

(4)References in this section to images, notes and other records include reference to those things in all forms that the things exist (for example, digital or physical form).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources