Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12)

Part 2 Trauma-informed practice

Principle of trauma-informed practice

26 Principle of trauma-informed practice

(1) The 2014 Act is amended as follows.

(2) In section 1 (general principles)—

(a) in subsection (3), after paragraph (c) insert—

“(ca) that, during and after the investigation and proceedings, a victim or witness should be treated in a way that accords with trauma-informed practice,”,

(b) after subsection (3) insert—

“(3A) 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.”.

(3) In section 2 (standards of service)—

(a) in subsection (1), after paragraph (a) insert—

“(aa) the carrying out of those functions in relation to such a person in a way that accords with trauma-informed practice,”,

(b) after subsection (4) insert—

“(4A) Each person mentioned in subsection (2) must set and publish revised standards within the period of 18 months beginning on the day on which section 26 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 comes into force.

(4B) Subsections (1) to (4) apply to the revised standards as they apply to the original standards.”,

(c) in subsection (6), after the definitions of “prison” and “young offenders institution” insert—

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

Conduct of proceedings in accordance with trauma-informed practice

27 Criminal 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.”.

28 Civil 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.”.

29 Fatal 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.”.

Duty to have regard to principle of trauma-informed practice

30 Scheduling of business in Scottish courts

(1) The Judiciary and Courts (Scotland) Act 2008 is amended as follows.

(2) In section 2 (head of the Scottish Judiciary)—

(a) after subsection (2) insert—

“(2ZA) In carrying out the responsibility mentioned in subsection (2)(a), the Lord President must have regard to the desirability of doing so in a way that accords with trauma-informed practice.”,

(b) after subsection (6) insert—

“(6A) 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.”.

31 Scheduling of business in sheriff courts and the Sheriff Appeal Court

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

(2) In section 27 (sheriff principal’s responsibility for efficient disposal of business in sheriff courts), after subsection (3) insert—

“(3A) In carrying out the responsibility imposed by subsection (1), the sheriff principal must have regard to the desirability of doing so in a way that accords with trauma-informed practice.”.

(3) In section 29 (Lord President’s power to exercise functions under sections 27 and 28), in subsection (1), after paragraph (a) insert—

“(aa) is prejudicial to the carrying out of the responsibility imposed by section 27(1) in a way that accords with trauma-informed practice,”.

(4) In section 56 (President’s responsibility for efficient disposal of business), after subsection (3) insert—

“(3A) In carrying out the responsibility imposed by subsection (1), the President must have regard to the desirability of doing so in a way that accords with trauma-informed practice.”.

32 Scheduling of business in justice of the peace courts

(1) The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended as follows.

(2) In section 61 (efficient disposal of business in justice of the peace courts)—

(a) after subsection (1) insert—

“(1A) In carrying out the responsibility imposed by subsection (1), the sheriff principal must have regard to the desirability of doing so in a way that accords with trauma-informed practice.”,

(b) after subsection (4) insert—

“(5) 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.”.