Victims, Witnesses, and Justice Reform (Scotland) Act 2025

1. Introduction

2. The Act

3. Crown Application

   1. Part 1 – Victims and Witnesses Commissioner for Scotland

      1. Establishment

         1. Section 1 and schedule 1 – Victims and Witnesses Commissioner for Scotland

      2. Functions and powers

         1. Section 2 – functions

         2. Section 3 – civil function

         3. Sections 4 and 5 – engagement, and advisory group

         4. Section 6 – power to work with others

         5. Section 7 – general powers

         6. Section 8 – restriction on exercise of functions

      3. Victims’ charter

         1. Section 9 – victims’ charter

      4. Strategic Plan

         1. Section 10 – strategic plan

      5. Investigations

         1. Sections 11 and 12 – carrying out investigations, and initiation and conduct of investigation

         2. Sections 13 and 14 – investigations: witnesses and documents, and reports on investigations

      6. Information gathering

         1. Section 15 and 16 – power to gather information, and failure to supply required information

         2. Section 17 – offence of Commissioner disclosing confidential information

      7. Annual report

         1. Section 18 – annual report

         2. Sections 19 and 20 – requirement to respond to annual report, and publication of responses to report

      8. Miscellaneous

         1. Section 21 – reports

         2. Section 22 – protection from action of defamation

      9. Duty to co-operate with Commissioner

         1. Section 23 – duty to co-operate with Commissioner

      10. Application of public authorities legislation

          1. Section 24 and schedule 2 – application of public authorities legislation

      11. Interpretation of Part

          1. Section 25 – interpretation of Part

   2. Part 2 – Trauma-Informed Practice

      1. Principle of trauma-informed practice

         1. Section 26 – principle of trauma-informed practice

      2. Conduct of proceedings in accordance with trauma-informed practice

         1. Section 27 – criminal courts: conduct of proceedings

         2. Section 28 – civil courts: conduct of proceedings

         3. Section 29 – fatal accident inquiries: conduct of proceedings

      3. Duty to have regard to principle of trauma-informed practice

         1. Section 30 – scheduling of business in Scottish courts

         2. Section 31 – scheduling of business in sheriff courts and the Sheriff Appeal Court

         3. Section 32 – scheduling of business in justice of the peace courts

   3. Part 3 – Victims’ Rights to Receive Information

      1. Section 33 – victim’s right to information about plea agreements, etc.

      2. Section 34 – victims’ right to be informed of decision not to prosecute or to discontinue proceedings

      3. Section 35 – single victim notification system

      4. Section 36 and part 1 of schedule 3 – right of eligible persons to receive information in event of death or incapacity of victim

      5. Section 37 – victim notification and right to make representations where offender is a child

      6. Section 38 – provision of information where victim is a child

      7. Section 39 and part 2 of Schedule 3 – notification of individual other than supporter to receive information

      8. Section 40 – transfers of convicted persons

      9. Section 41 – additional information to be provided to victims

      10. Section 42 – powers to modify information to be given and right to make representations

      11. Section 43 – co-operation with the Scottish Ministers for the purposes of sharing information with victims

      12. Section 44 – standards of service

      13. Section 45 - victim’s right to receive information concerning offender subject to compulsion order by virtue of cross-border transfer

      14. Section 46 – information to be given concerning offender subject to compulsion order

      15. Section 47 – victim’s right to receive information under section 17D after representations

      16. Section 48 – conditional discharge: relevant conditions

      17. Section 49 – SUS within hospital grounds

      18. Section 50 – victim statements in solemn proceedings

      19. Section 51 – provision of transcript of record of trial to certain complainers

      20. Section 52 – right to referral by Police Scotland to victim support services

      21. Section 53 – release on licence: reasons for decisions

      22. Section 54 – review of victim’s right to receive information on fixed penalties

   4. Part 4 – Release of Prisoners

      1. Section 55 – Parole Board rules: decisions where prisoner has information about victim’s remains

      2. Section 56 – Parole Board rules: safety and security of victims’ family

      3. Section 57 – licence conditions: exclusion zones

   5. Part 5 – Special Measures in Civil Cases

      1. Vulnerable witnesses

         1. Section 58 – vulnerable witnesses

         2. Section 59 – prohibition on personal conduct of case

         3. Section 60 – register of solicitors for section 22B of the Vulnerable Witnesses (Scotland) Act 2004

      2. Vulnerable parties

         1. Section 61 – vulnerable parties

   6. Part 6 – Criminal Juries and Verdicts

      1. Solemn proceedings

         1. Section 62 – jury size and quorum

         2. Section 63 – form of jury affirmation

         3. Section 64 – jury service: assistance for jurors with communication

         4. Section 65 – verdict of guilty or not guilty and majority required for guilty verdict

      2. Summary proceedings

         1. Section 66 – verdict of guilty or not guilty

      3. Research into juries

         1. Sections 67 and 68 – research into juries

   7. Part 7 – Sexual Offences Court

      1. Chapter 1 – Establishment, jurisdiction and Judges of the Sexual Offences Court

         1. Establishment

            1. Section 69 – Sexual Offences Court

         2. Jurisdiction and competence

            1. Sections 70 and 71 and schedule 4 – jurisdiction and competence: general, and jurisdiction: sexual offences

         3. Judges of the Sexual Offences Court

            1. Section 72 – Judges of the Sexual Offences Court: Lord Commissioners of Justiciary and temporary judges

            2. Section 73 – Judges of the Sexual Offences Court: re-employment of former judges

            3. Section 74 – appointment of Judges of the Sexual Offences Court

            4. Section 75 – remuneration and expenses of Judges of the Sexual Offences Court

      2. Chapter 2 – Organisation of business

         1. President and Vice President of the Sexual Offences Court

            1. Sections 76 and 77 – President and Vice President of the Sexual Offences Court, and incapacity and suspension

         2. Disposal of business

            1. Section 78 – President’s responsibility for efficient disposal of business

         3. Sittings

            1. Section 79 – sittings of the Sexual Offences Court

         4. Transfer of cases

            1. Sections 80 and 81 – transfer of cases to the Sexual Offences Court, and from the Sexual Offences Court

         5. Rights of audience

            1. Sections 82, 83, 84, and 85 – rights of audience of solicitors and advocates, statement of training requirement for prosecutors, and review of rights of audience

      3. Chapter 3 – Administration

         1. Clerks

            1. Sections 86, 87, and 88 – Clerk and Deputy Clerks of the Sexual Offences Court

         2. Sexual Offences Court records

            1. Sections 89 and 90 – records, authentication and electronic form

      4. Chapter 4 – Procedure

         1. Procedure

            1. Section 91 – Sexual Offences Court procedure

         2. Prohibition on personal conduct of defence, etc.

            1. Section 92, 93, 94, 95, 96 and 97 – prohibition on personal conduct of defence, vulnerable witnesses, ground rules hearings, pre-recording of evidence, taking evidence by commissioner and giving evidence in the form of a prior statement

         3. Art and part and aiding and abetting

            1. Section 98 – statutory offences: art and part and aiding and abetting

         4. Sentencing

            1. Section 99 – sentencing power of the Sexual Offences Court

         5. Double jeopardy

            1. Section 100 – exception to rule against double jeopardy in the Sexual Offences Court: new evidence

   8. Part 8 – Special Measures for Vulnerable Witnesses under the 1995 Act

      1. Section 101 – vulnerable witnesses under the 1995 Act: admission of the record of a prior examination as evidence in full

      2. Section 102 – child witnesses under the 1995 Act: exception to presumption in favour of special measures

      3. Section 103 – vulnerable witnesses under the 1995 Act: supplementary provision in relation to child witnesses

   9. Part 9 – Sexual Offences Cases: Further Reforms

      1. Anonymity for victims

         1. Section 104 – sexual offences cases: anonymity and restriction on publications

         2. Section 106A – restriction on publications relating to listed offences

         3. Section 106B – power to dispense with restriction: child victims

         4. Section 106C – power to dispense with restriction: conviction for relevant offence

         5. Section 106D – offence and defences

         6. Section 106E – individual culpability where organisation commits offence under section 106D

         7. Section 106F – Crown application: offence under section 106D

      2. Restrictions on evidence relating to sexual offences

         1. Section 105 – restrictions on evidence relating to sexual offences

      3. Independent legal representation for complainers

         1. Section 106 – applications to admit certain evidence relating to sexual offences: rights of complainers

      4. Non-harassment orders

         1. Section 107 – circumstances in which non-harassment order must be considered by the court

   10. Part 10 – Non-Harassment Orders

       1. Section 108 – non-harassment orders: domestic abuse cases

   11. Part 11 – Enforcement of Protective Orders Made Outwith Scotland

       1. Section 109 – offences relating to protective orders made outwith Scotland

   12. Part 12 – Domestic Abuse Cases

       1. Section 110 – review in relation to connected proceedings

   13. Part 13 – Final Provisions

       1. Section 111 – review of operation of Act

       2. Section 112 – regulations

       3. Section 113 – ancillary provision

       4. Section 114 – interpretation

       5. Section 115 – modification of enactments

       6. Section 116 – commencement

       7. Section 117 – short title

4. Parliamentary History