Part 2Trauma-informed practice

Conduct of proceedings in accordance with trauma-informed practice

27Criminal courts: conduct of proceedings

(1)

The Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) is amended as follows.

(2)

In section 305 (Acts of Adjournal), after subsection (1A) insert—

“(1B)

Subsection (1) also extends to making provision by Act of Adjournal for the purpose of ensuring that criminal proceedings are conducted in a way that accords with trauma-informed practice.”.

(3)

In section 307 (interpretation), after the definition of “training school order” insert—

““trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.”.

28Civil courts: conduct of proceedings

(1)

The Courts Reform (Scotland) Act 2014 is amended as follows.

(2)

In section 103 (power to regulate procedure etc. in the Court of Session), in subsection (2), after paragraph (c) insert—

“(ca)

ensuring that such proceedings are conducted in a way that accords with trauma-informed practice,”.

(3)

In section 104 (power to regulate procedure etc. in the sheriff court and the Sheriff Appeal Court), in subsection (2), after paragraph (c) insert—

“(ca)

ensuring that such proceedings are conducted in a way that accords with trauma-informed practice,”.

(4)

In section 136 (interpretation), after the definition of “solicitor” insert—

““trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.”.

29Fatal accident inquiries: conduct of proceedings

(1)

The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is amended as follows.

(2)

In section 36 (power to regulate procedure etc.)—

(a)

in subsection (2), after paragraph (b) insert—

“(ba)

ensuring inquiry proceedings are conducted in a way that accords with trauma-informed practice,”,

(b)

after subsection (5) insert—

“(5A)

For the purposes of this section, “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.”.