(1)The 2014 Act is amended as follows.
(2)After section 6 insert—
(1)This section applies where, in solemn proceedings, a person mentioned in subsection (2) (a “victim”) has indicated to the prosecutor that they wish to be informed where one or more of the following events has, as a result of agreement between the prosecutor and the accused, occurred—
(a)a relevant charge libelled in the indictment has been amended and the prosecutor has accepted a guilty plea to that charge,
(b)the prosecutor has accepted a plea of not guilty to a relevant charge.
(2)The person is—
(a)a natural person against whom an offence libelled in the indictment is alleged to have been committed, or
(b)in a case where the death of a person mentioned in paragraph (a) was (or appears to have been) caused by the offence or alleged offence, a prescribed relative of the person.
(3)The prosecutor must inform the victim of the event mentioned in paragraph (a) or (b) of subsection (1)—
(a)as soon as reasonably practicable after the event has occurred, or
(b)where the prosecutor considers it is in the interests of justice, as soon as reasonably practicable after the proceedings have been substantively concluded.
(4)In this section—
“prescribed relative” means a person prescribed by the Scottish Ministers for the purposes of section 6(2)(b),
“prosecutor” means the Lord Advocate, Crown Counsel or the procurator fiscal (and any person duly authorised to represent or act for them),
“relevant charge” means a charge relating to an offence alleged to have been committed against the person mentioned in subsection (2)(a),
“substantively concluded”, in relation to criminal proceedings, means whichever is the earlier of—
the accused being convicted or, as the case may be, acquitted in relation to all charges, or all charges remaining, in the indictment, or
the proceedings otherwise being finally disposed of.
(5)The Scottish Ministers may by regulations modify this section to provide for its application in summary proceedings.
(6)Regulations under subsection (5)—
(a)may include incidental, supplementary, consequential, transitional, transitory or saving provision,
(b)may make different provision for different purposes,
(c)are subject to the affirmative procedure.”.
(1)The 2014 Act is amended as follows.
(2)Before section 4 (rules: review of decision not to prosecute) insert—
(1)Where a prosecutor decides—
(a)not to prosecute a person for an offence or alleged offence, or
(b)to discontinue criminal proceedings against a person for an offence or alleged offence,
the prosecutor must, as soon as reasonably practicable, inform any person who is, or appears to be, a victim in relation to that offence or alleged offence of the prosecutor’s decision.
(2)In this section, “prosecutor” means the Lord Advocate, Crown Counsel or the procurator fiscal (and any person duly authorised to represent or act for them).”.
(3)The italic cross heading immediately preceding section 4 becomes“Decisions not to prosecute or to discontinue proceedings”.
(1)The Criminal Justice (Scotland) Act 2003 is amended by subsections (2) to (4).
(2)In section 16 (victim’s right to receive information concerning release etc. of offender)—
(a)in subsection (1)—
(i)in the opening words, the words “Subject to subsection (2),” are repealed,
(ii)in paragraph (a), the words “for a period of 18 months or more” are repealed,
(iii)paragraph (b) is repealed,
(b)subsection (4)(a) is repealed.
(3)In section 17 (release on licence: right of victim to receive information and make representations), subsection (12)(b), and the word “or” immediately preceding it, are repealed.
(4)In section 17ZA (release on licence: provision of information to person supporting victim), subsection (5)(b) is repealed.
(5)The 2014 Act is amended by subsections (6) to (9).
(6)Section 27A (notification of victims in relation to release etc. of short term prisoners) is repealed.
(7)Section 27B (provision of information to person supporting victim) is repealed.
(8)In section 29A (exercise of functions where victim is a child), in subsection (1), in the opening words, for “, 8A or 27A” substitute “or 8A”.
(9)In section 29B (application of Act where victim’s death caused by offence), in subsection (3), in the opening words, for “, 3G or 27A” substitute “or 3G”.
Part 1 of schedule 3 modifies the Criminal Justice (Scotland) Act 2003 to make provision for the designation of a person to receive information under Part 2 of that Act, in the event that the natural person against whom an offence has been committed has died or is incapable.
(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)In section 16 (victim’s right to receive information concerning release etc. of offender)—
(a)in subsection (1), paragraph (c) and the “or” immediately preceding it are repealed,
(b)subsection (2) is repealed,
(c)in subsection (3)(a), for “or the 1993 Act” substitute “, the 1993 Act or the 1995 Act”,
(d)after subsection (3)(d) insert—
“(da)that the local authority intends to review for the first time the case of the convicted person under section 44(6)(b) of the 1995 Act,”,
(e)in subsection (3)(e)—
(i)after “prison,” insert “a”,
(ii)for “or hospital” substitute “, secure accommodation or a hospital”,
(f)in subsection (3)(f)(ii)—
(i)after “prison,” insert “a”,
(ii)for “or hospital” substitute “, secure accommodation or a hospital”.
(3)In section 16ZA (provision of information to person supporting victim), subsection (4) is repealed.
(4)In section 16A(1) (victim’s right to receive information concerning offender subject to compulsion order)—
(a)in paragraph (b) (as amended by section 45(2)(a)), at the end, insert “and”,
(b)paragraph (d), and the word “and” immediately preceding it, are repealed.
(5)In section 16D (provision of information concerning offender subject to compulsion order to person supporting victim), subsection (5) is repealed.
(6)In section 17 (release on licence: right of victim to receive information and make representations)—
(a)in subsection (1)—
(i)in the opening words, the words “, (3)” are repealed,
(ii)in paragraph (b), after “imprisonment” insert “or detention without limit of time”,
(b)subsection (3) is repealed.
(7)In section 17ZA, subsection (4) is repealed.
(8)After section 17A, insert—
(1)This section applies where a person (“P”) is entitled to receive information under section 16, or a supporter or nominee is entitled to receive information under section 16ZA, as respects a child who has been detained and—
(a)that child is due to be released by virtue of section 44(6)(a) of the 1995 Act, or
(b)the local authority—
(i)intends to review the case of that child under section 44(6)(b) of the 1995 Act, and
(ii)considers that such review might result in the release of the child in accordance with sub-paragraph (ii) of that paragraph.
(2)Where the child is due to be released by virtue of section 44(6)(a) of the 1995 Act, P must be afforded the opportunity to make written representations as to the supervision requirements or conditions which might be specified in relation to such release.
(3)Where the local authority intends to review the case of the child under section 44(6)(b) of the 1995 Act, and considers that the review might result in release of the child in accordance with sub-paragraph (ii) of that paragraph, P must be afforded the opportunity to make written representations as to—
(a)the potential release of the child,
(b)supervision requirements or conditions which might be specified in relation to such release.
(4)Subsections (2) and (3) apply only if P has notified the Scottish Ministers that P wishes to be given the opportunity to make representations under the relevant subsection.
(5)The Scottish Ministers must—
(a)fix a time within which any written representations under subsection (2) or (3) require to be made to them in order to be considered by them or the local authority, and
(b)notify P and any supporter or nominee entitled to receive information under section 16ZA of the time fixed.”.
(9)In section 18A (interpretation of Part), in subsection (1), after the definition of “restricted transfer” (as inserted by section 40) insert—
““secure accommodation” has the meaning given by section 202(1) of the Children’s Hearings (Scotland) Act 2011,”.
(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)In section 16 (victim’s right to receive information concerning release etc. of offender)—
(a)after subsection (4) insert—
“(4A)If the victim is a child, then subsection (1) applies as if references in it to the victim were references to the victim and to a person who cares for the victim.
(4B)Where an intimation is made under subsection (1) by a victim who is a child or, by virtue of subsection (4A), by a person who cares for the victim, the Scottish Ministers must determine whether the information should be provided to—
(a)the victim,
(b)the victim and the person who cares for the victim,
(c)the person who cares for the victim, or
(d)another person over the age of 18 years with a relationship to the victim,
but only if the Scottish Ministers are satisfied that the person consents to being given the information.
(4C)When making a determination under subsection (4B), the Scottish Ministers must have regard to—
(a)the victim’s age and maturity,
(b)any views expressed by the victim, and
(c)the best interests of the victim.
(4D)When making a determination under subsection (4B), the Scottish Ministers must also have regard to the code of practice issued under section 18ZA.
(4E)The Scottish Ministers may—
(a)review a determination made under subsection (4B)—
(i)of their own accord, or
(ii)at the request of the victim or the other person (if any) to whom the determination relates,
(b)following a review, make a new determination under subsection (4B).
(4F)Where a determination has been made under subsection (4B)—
(a)before the victim attains the age of 18 years, the Scottish Ministers must contact the victim to establish how the victim wishes to receive information under this section after they attain the age of 18 years,
(b)after the victim attains the age of 18 years, the most recent determination made under subsection (4B) in relation to the victim continues to have effect until a new intimation under subsection (1) is made.”,
(b)for subsection (8) substitute—
“(8)In this section, the expression “cares for” is to be construed in accordance with the definition of “someone who cares for” in paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010.”.
(3)In section 16B (person entitled to ask to be given information under section 16A)—
(a)in subsection (1), after paragraph (c) insert—
“(d)if V is a child, the person who cares for V.”,
(b)subsection (2) is repealed,
(c)after subsection (2) insert—
“(2A)Where V is a child and V or the person who cares for V has asked to be given information under section 16A, the Scottish Ministers must determine whether the information should be provided to—
(a)V,
(b)V and the person who cares for V,
(c)the person who cares for V, or
(d)another person over the age of 18 years with a relationship to V,
but only if the Scottish Ministers are satisfied that the person consents to being given the information.
(2B)When making a determination under subsection (2A), the Scottish Ministers must have regard to—
(a)V’s age and maturity,
(b)any views expressed by V, and
(c)the best interests of V.
(2C)When making a determination under subsection (2A), the Scottish Ministers must also have regard to the code of practice issued under section 18ZA.
(2D)The Scottish Ministers may—
(a)review a determination made under subsection (2A)—
(i)of their own accord, or
(ii)at the request of V or the other person (if any) to whom the determination relates,
(b)following a review, make a new determination under subsection (2A).
(2E)Where a determination has been made under subsection (2A)—
(a)before V attains the age of 18 years, the Scottish Ministers must contact V to establish how V wishes to receive information under section 16A after they attain the age of 18 years,
(b)after V attains the age of 18 years, the most recent determination made under subsection (2A) in relation to V continues to have effect until a new intimation under section 16A(1) is made.”.
(4)In section 17 (release on licence: right of victim to receive information and make representations)—
(a)in subsection (1), for “(the “victim”)” substitute “(“P”)”,
(b)in subsection (2), for “the victim” substitute “P”,
(c)in subsection (5), for “the victim” substitute “P”,
(d)in subsection (6),
(i)in paragraph (a), for “the victim” substitute “P”,
(ii)in paragraph (b), for “the victim” substitute “P”,
(iii)in paragraph (c)—
(A)in both places it occurs, for “the victim” substitute “P”,
(B)for “the victim’s” substitute “P’s”,
(iv)in the closing words, for “the victim” substitute “P”,
(e)in subsection (8), for “the victim” substitute “P”,
(f)in subsection (9), for “the victim” substitute “P”,
(g)in subsection (10), for “the victim” substitute “P”,
(h)in subsection (11), for “the victim” substitute “P”.
(5)In section 17A (temporary release: victim's right to make representations about conditions), in subsection (1)(a), after “(1)” insert “, (4B)”.
Part 2 of schedule 3 modifies the Criminal Justice (Scotland) Act 2003 to make provision for the nomination of a person other than a supporter to receive information, as well as or instead of the natural person against whom an offence has been committed, under Part 2 of that Act.
(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)In section 16 (victim’s right to receive information concerning release etc. of offender)—
(a)after subsection (1), insert—
“(1A)Where a person was convicted and sentenced to imprisonment or detention in respect of an offence in any part of the United Kingdom outwith Scotland, or any of the Channel Islands or the Isle of Man, and has been transferred to Scotland—
(a)by unrestricted transfer, subsection (1) applies as though the person was convicted and sentenced in Scotland,
(b)by restricted transfer, subsection (1) does not apply.”,
(b)in subsection (3)—
(i)in paragraph (c), after “Scotland” insert “and, unless the Scottish Ministers have cause to believe that it would not be in the interests of justice to provide such information, the jurisdiction to which the convicted person is subject as a result”,
(ii)after paragraph (c), insert—
“(ca)where the convicted person was previously transferred to a place outwith Scotland, that the convicted person has been returned to Scotland to serve the remainder, or any part of the remainder, of the sentence imposed in respect of the offence referred to in subsection (1),”.
(3)After section 16ZA (provision of information to person supporting victim), insert—
(1)Subsection (2) applies where a person (“the convicted person”) is transferred to any part of the United Kingdom outwith Scotland, or to any of the Channel Islands or the Isle of Man, by unrestricted transfer.
(2)Section 16(1) ceases to apply in relation to the convicted person on the day on which the Scottish Ministers notify, in accordance with section 16(3)(c), a person who would otherwise be entitled to receive information about the convicted person under section 16 (“P”) that the person has been so transferred.
(3)Where a transfer described in subsection (1) takes place, the Scottish Ministers must, when notifying P of the information set out in section 16(3)(c), also notify P—
(a)that, by virtue of the transfer, no further information will fall to be given under section 16 unless the convicted person is returned to custody in Scotland to serve the remainder, or any part of the remainder, of the sentence to which P’s rights relate (“the relevant sentence”),
(b)that P may be entitled to receive information about the convicted person from the jurisdiction to which the convicted person is subject as a result of the transfer (“the receiving jurisdiction”), and
(c)of such other information as is reasonably available to the Scottish Ministers as to the availability of information for victims of crime in the receiving jurisdiction.
(4)Where a transfer described in subsection (1) has taken place and the convicted person is subsequently returned to Scotland to serve the remainder, or any part of the remainder, of the relevant sentence, section 16(1) applies with effect from the day on which the return takes place.
(5)Where a person (“the applicant”) intimates under section 16(1) that they wish to receive information, and the convicted person to whom that information relates has been transferred as described in subsection (1), the Scottish Ministers must inform the applicant—
(a)that the convicted person has been so transferred, and the jurisdiction to which the convicted person is subject as a result,
(b)that the applicant does not have the right to receive information under section 16 during such time as the convicted person is not in custody in Scotland,
(c)that if the convicted person is returned to Scotland—
(i)the applicant will be notified under section 16(3)(ca), and
(ii)beginning with the date on which the transfer takes place, section 16(1) will apply as though the convicted person had not been transferred out of Scotland,
(d)that the applicant may be entitled to receive information about the convicted person from the receiving jurisdiction,
(e)of such other information as is reasonably available to the Scottish Ministers as to the availability of information for victims of crime in the receiving jurisdiction.
(1)Where a person (“the convicted person”) is transferred to any part of the United Kingdom outwith Scotland, or to any of the Channel Islands or the Isle of Man, by restricted transfer—
(a)section 16 applies in relation to the convicted person in accordance with subsection (2),
(b)the Scottish Ministers must, when notifying a person who would otherwise be entitled to receive information about the convicted person under section 16 (“P”) of the information set out in section 16(3)(c), also notify P—
(i)that subject to subsection (2), P will continue to be eligible to receive information under section 16,
(ii)that P may be entitled to receive information about the convicted person from the jurisdiction to which the convicted person is subject as a result of the transfer (“the receiving jurisdiction”), and
(iii)of such other information as is reasonably available to the Scottish Ministers as to the availability of information for victims of crime in the receiving jurisdiction.
(2)Section 16(1) has effect as if—
(a)the convicted person had not been transferred outwith Scotland,
(b)after “so,” there were inserted “use reasonable endeavours to”,
(c)after “subsection (3)”, there were inserted “or information about an event which the Scottish Ministers consider is equivalent in effect to an event listed in section 16(3)”.
(3)Where a transfer described in subsection (1) has taken place and subsequently ceases to be a restricted transfer by reason of the removal of a condition as is mentioned in paragraph 6(1)(a) of schedule 1 to the Crime (Sentences) Act 1997—
(a)section 16(1) ceases to apply in relation to the convicted person with effect from the date on which the variation of conditions takes place,
(b)the Scottish Ministers must notify any person who would otherwise be entitled to receive information under section 16—
(i)that the condition has been removed and the transfer is now an unrestricted transfer,
(ii)of the information set out in section 16ZB(3),
(c)sections 16ZB(4) and (5) apply in relation to the convicted person.
(1)Where a person who has been convicted of an offence and sentenced to imprisonment or detention in respect of that offence, in a jurisdiction outwith the United Kingdom or any of the Channel Islands or the Isle of Man, is transferred to Scotland—
(a)the Scottish Ministers may—
(i)give to the jurisdiction from which the person is transferred (“the transferring jurisdiction”) information about the rights of persons to receive information under this Part,
(ii)request that the transferring jurisdiction give that information to any person who would qualify to receive information under section 16 if the convicted person had been convicted and sentenced in Scotland, and
(iii)request from the transferring jurisdiction the details of any person who would so qualify and, if received, use reasonable endeavours to notify that person of their right to receive information under this Part,
(b)section 16 applies in relation to the convicted person in accordance with subsection (2).
(2)Section 16(1) has effect as if—
(a)the convicted person had been convicted and sentenced in Scotland,
(b)after “so” there were inserted “use reasonable endeavours to”.”.
(4)In section 18A(1) (interpretation of Part)—
(a)after the definition of “Mental Health Tribunal” insert—
““restricted transfer” means a transfer under paragraph 1(1)(b), (2)(b), or (2A)(b), 2(1)(b) or (2)(b), or 3(1)(b) or (2)(b) of schedule 1 of the Crime (Sentences) Act 1997 (“the 1997 Act”) which is a restricted transfer within the meaning of paragraph 6(1)(a) of the schedule of the 1997 Act,”,
(b)after the definition of “transfer for treatment direction” insert—
““unrestricted transfer” means a transfer under paragraph 1(1)(b), (2)(b) or (2A)(b), 2(1)(b) or (2)(b), or 3(1)(b) or (2)(b) of schedule 1 of the Crime (Sentences) Act 1997 (“the 1997 Act”) which is an unrestricted transfer within the meaning of paragraph 6(1)(b) of the schedule of the 1997 Act.”.
(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)In section 16 (victim’s right to receive information concerning release etc. of offender), after subsection (3), insert—
“(3A)The Scottish Ministers may, when providing information to a person under subsection (1), provide such ancillary information as the Scottish Ministers consider appropriate.”.
(3)In section 16A (victim’s right to receive information concerning offender subject to compulsion order), after subsection (2), insert—
“(2A)The Scottish Ministers may, when providing information to a person under subsection (2), provide such ancillary information as the Scottish Ministers consider appropriate.”.
(4)In section 17 (release on licence: right of victim to receive information and make representations), after subsection (2), insert—
“(2A)Where P is to be afforded an opportunity to make representations under subsection (1), the Scottish Ministers may provide to P such information as the Scottish Ministers consider appropriate in relation to the consideration of the release on licence of the convicted person.”.
(5)In section 17A (temporary release: victim’s right to make representations about conditions), after subsection (3), insert—
“(3A)Where P is to be afforded an opportunity to make representations under subsection (2), the Scottish Ministers may provide to P such information as the Scottish Ministers consider appropriate in relation to the consideration of the temporary release of the convicted person.”.
(6)In section 17B (mentally-disordered offender: victim’s right to make representations), after subsection (3), insert—
“(3A)Where V is to be afforded an opportunity to make representations under subsection (1), the Scottish Ministers may provide to V such information as the Scottish Ministers consider appropriate in relation to the decision in question.”.
(7)In section 17D (right to information after section 17B decision), after subsection (6) (as inserted by section 47(2)(c)), insert—
“(7)The Scottish Ministers may, when providing information to a person under subsection (2), (4) or (6), provide such ancillary information as the Scottish Ministers consider appropriate.”.
(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)In section 16 (victim’s right to receive information concerning release etc. of offender), in subsection (4)(b)—
(a)for “amend” substitute “modify”,
(b)after “adding” insert “, amending or repealing”.
(3)In section 17A (temporary release: victim’s right to make representations about conditions), after subsection (4), insert—
“(5)The Scottish Ministers may, by regulations, modify this section to—
(a)prescribe occasions, in addition to or instead of the first occasion on which the convicted person is entitled to be considered for temporary release, on which P is to be afforded the opportunity to make written representations under subsection (2),
(b)provide that P is to be afforded the opportunity to make written representations under subsection (2) where the convicted person is a child and the local authority—
(i)intends to review the case under section 44(6)(b) of the 1995 Act and considers that such review might result in the release of the child in accordance with sub-paragraph (i) of that paragraph,
(ii)has carried out such a review and intends to release the child in accordance with section 44(6)(b)(i), where P was not afforded the opportunity to make representations by virtue of sub-paragraph (i),
(c)prescribe matters in relation to the temporary release of the convicted person, in addition to conditions, about which P is to be afforded the opportunity to make written representations under subsection (2).
(6)Regulations under subsection (5)—
(a)may prescribe the meaning of “temporary release” for the purposes of this section,
(b)may prescribe occasions by reference to—
(i)a specific numerical instance of eligibility for consideration for temporary release,
(ii)the form, purpose or circumstances of the proposed temporary release,
(iii)such other matters as the Scottish Ministers consider appropriate,
(c)may provide that subsection (2) does not apply in relation to consideration for—
(i)temporary release in such form or circumstances, or for such purpose, as the Scottish Ministers consider appropriate, whether or not arising on the first occasion on which the convicted person is eligible to be considered for temporary release,
(ii)a subsequent grant of temporary release where the form, purpose and circumstances of the proposed release are substantially the same as in relation to the previous grant,
(d)may specify circumstances in which, subject to such conditions as may be specified in the regulations—
(i)the Scottish Ministers,
(ii)the governor of the prison within which the convicted person is detained, or
(iii)as the case may be, the local authority,
may choose not to allow representations to be made under subsection (2),
(e)may make provision that, in specified circumstances (and provided P has notified the Scottish Ministers that P wishes to be afforded an opportunity to make representations under subsection (2), but whether or not such representations have been made) the Scottish Ministers must inform P—
(i)as to whether the person released is to comply with conditions,
(ii)if any such conditions relate to contact with the victim of the offence in relation to which P is entitled to receive information, or members of the victim’s family.
(7)In this section, “governor” means—
(a)an officer of the prison entitled, by virtue of rules made under section 39 of the Prisons (Scotland) Act 1989 (“prison rules”), to make decisions about the temporary release of a prisoner,
(b)in the case of a contracted out prison a person, appointed for the prison under section 107(1) of the Criminal Justice and Public Order Act 1994, entitled to make decisions about the temporary release of a prisoner by virtue of the application of prison rules to contracted out prisons.”.
(4)In section 17B, after subsection (6), insert—
“(7)The Scottish Ministers may, by regulations, amend this section to—
(a)prescribe occasions, in addition to the first occasion, before which a decision of a type described in subsection (4) or (5)(a) is taken in relation to O in respect of which V must be afforded an opportunity to make representations under subsection (1),
(b)specify circumstances in which, subject to such conditions as may be specified in the regulations, the Scottish Ministers may choose not to allow representations to be made under subsection (2).”.
(5)In section 18B (power to modify part) in subsection (1)(b), after “adding” insert “, amending or repealing”.
(6)In section 88(2)(a), after “16B(7)” (as inserted by paragraph 1(5)(a) of schedule 3) insert “, 17A(5), 17B(7)”.
(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)After section 17DA insert—
(1)The Lord Advocate may co-operate with the Scottish Ministers in relation to the exercise of the Scottish Ministers’ functions under sections 16 to 17DA.
(2)The Scottish Ministers may by regulations impose on any person not mentioned in subsection (1), or any type of person, a duty to co-operate with the Scottish Ministers in relation to the exercise of the Scottish Ministers’ functions under sections 16 to 17DA.
(3)The Scottish Ministers may co-operate with a person to whom subsection (4) applies for the purpose of—
(a)the exercise of the Scottish Ministers’ functions under sections 16 to 17DA,
(b)the exercise by the person of equivalent functions in the place in which the person operates.
(4)This subsection applies to a person who, in a place other than Scotland—
(a)has functions equivalent to any of the Scottish Ministers’ functions under sections 16 to 17DA,
(b)has responsibility for information relevant to the Scottish Ministers’ functions under sections 16 to 17DA.
(5)For the purposes of this section, co-operation includes in particular the provision of such information as the Scottish Ministers reasonably require for the purpose of exercising those functions.”.
(3)In section 88(2)—
(a)in the opening words, after “order” insert “or regulations”,
(b)in paragraph (a), after “17B(7)” (as inserted by section 42(6)) insert “, 17DB(2)”.
(1)The 2014 Act is amended as follows.
(2)In section 2 (standards of service), in subsection (3)(b)—
(a)the words from “prisons” to the end become sub-paragraph (i),
(b)after sub-paragraph (i), insert—
“(ii)persons who are subject both to a compulsion order under either section 57(2)(a) or 57A(2) of the 1995 Act and to a restriction order under section 59 of that Act,
(iii)persons who are subject to a hospital direction under section 59A of the 1995 Act,
(iv)persons in respect of whom a transfer for treatment direction under section 136(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 has been made,”.
(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)In section 16A (victim’s right to receive information concerning offender subject to compulsion order)—
(a)in subsection (1)(b)—
(i)the words from “has” to the end become sub-paragraph (i),
(ii)after sub-paragraph (i) insert “or
(ii)is a person to whom subsection (1A) or (1B) applies,”,
(b)after subsection (1), insert—
“(1A)This subsection applies to a person who—
(a)has been received in Scotland in accordance with regulations made under section 290 of the Mental Health Act, and
(b)is treated as subject to a compulsion order and a restriction order by virtue of having been made subject to corresponding measures in proceedings in respect of the offence mentioned in subsection (1)(a) in the place from which the person was transferred.
(1B)This subsection applies to a person who—
(a)has been made subject to a compulsion order and a restriction order in proceedings in respect of the offence mentioned in subsection (1)(a),
(b)has been removed from Scotland in accordance with regulations made under section 290 of the Mental Health Act,
(c)has been made subject to corresponding measures, as described in section 290(8) of the Mental Health Act, in the place to which O has been removed,
(d)has been subsequently received in Scotland in accordance with regulations made under section 290 of the Mental Health Act, and
(e)is treated as subject to a compulsion order and a restriction order by virtue of having been subject to corresponding measures in relation to the orders mentioned in paragraph (a).”.
(3)In section 16C (information to be given under section 16A), in subsection (2)—
(a)in paragraph (f), after “Scotland” insert “and, unless the Scottish Ministers have cause to believe that it would not be in the interests of justice to provide such information, the jurisdiction to which O is subject as a result”,
(b)after paragraph (f), insert—
“(fa)where O was previously transferred to a place outwith Scotland, that O has been returned to Scotland and section 16A(2) applies by virtue of section 16A(1B),”.
(4)After section 16D, insert—
(1)Subsection (2) applies where a person (“O”) is transferred to a place outwith Scotland in accordance with regulations made under section 290 of the Mental Health Act.
(2)Section 16A(2) ceases to apply in relation to O on the day on which the Scottish Ministers notify, in accordance with section 16C(2)(f), a person who has asked to be given information about O (“P”) under section 16A that O has been so transferred.
(3)When a transfer described in subsection (1) takes place, the Scottish Ministers must, when notifying P of the information set out in section 16C(2)(f), also notify P—
(a)that, by virtue of the transfer, no further information will fall to be given under section 16A unless O is transferred back to Scotland and subsection 16A(2) applies by virtue of 16A(1B),
(b)that P may be entitled to receive information about O from the jurisdiction to which O is subject as a result of the transfer (“the receiving jurisdiction”),
(c)of such other information as is reasonably available to the Scottish Ministers as to the availability of information for victims of crime in the receiving jurisdiction.
(4)Where a person (“the applicant”) asks to be given information under section 16A, and O has been transferred as described in subsection (1), the Scottish Ministers must inform the applicant—
(a)that O has been so transferred, and the jurisdiction to which O is subject as a result,
(b)that the applicant does not have the right to receive information under section 16A during such time as O is not subject, or treated as subject, to a compulsion order and a restriction order in Scotland,
(c)that if O is returned to Scotland and section 16A(1B) applies—
(i)the applicant will be notified of the information in section 16C(2)(fa),
(ii)beginning with the date on which the transfer back to Scotland takes place, section 16A will apply,
(d)that the applicant may be entitled to receive information about O from the receiving jurisdiction,
(e)of such other information as is reasonably available to the Scottish Ministers as to the availability of information for victims of crime in the receiving jurisdiction.
(1)This section applies where a person (“O”)—
(a)has been received in Scotland other than by virtue of regulations made under section 290 of the Mental Health Act,
(b)was subject to measures equivalent to a compulsion order and a restriction order in the jurisdiction from which O was transferred (“the transferring jurisdiction”) in respect of an offence, and
(c)is made subject, or treated as subject, to a compulsion order and a restriction order by virtue of having been subject to those equivalent measures.
(2)The Scottish Ministers may—
(a)give to the transferring jurisdiction information about the rights of persons to receive information under this Part,
(b)request that the transferring jurisdiction give that information to any person who would qualify to receive information under section 16A if O had been made subject to a compulsion order and a restriction order in Scotland in proceedings in respect of an offence,
(c)request from the transferring jurisdiction the details of any person who would so qualify and, if received, use reasonable endeavours to notify that person of their right to receive information under this Part.
(3)Section 16A applies in relation to O in accordance with subsection (4).
(4)Section 16A(2) has effect as if—
(a)O had been made subject to a compulsion order and a restriction order in Scotland,
(b)after “Ministers” there were inserted “use reasonable endeavours to”.”.
(5)In section 18B (power to modify Part), after subsection (3), insert—
“(4)The Scottish Ministers may by order amend section 16A so that information may be given under that section where—
(a)a person has been received in Scotland in accordance with regulations made under section 290(1)(c) of the Mental Health Act, and
(b)by virtue of having been subject to corresponding measures, as described in section 290(8) of the Mental Health Act, in the place from which the person was received where an order has been made under subsection (2) which would allow information to be given under section 16A had the person been made subject to a compulsion order in Scotland, that person is treated as subject to a compulsion order.”.
(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)In section 16C (information to be given under section 16A), in subsection (2), after paragraph (i), insert—
“(j)where O has been recalled as mentioned in paragraph (i)—
(i)that the recall is being appealed against,
(ii)the outcome of that appeal.”.
(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)In section 17D (right to information after section 17B decision)—
(a)in subsection (1)(c), after “section” insert “16 or”,
(b)in subsection (2)—
(i)the words “that the decision has been taken” become paragraph (a),
(ii)after paragraph (a), insert “, and
(b)what that decision is.”,
(c)after subsection (4), insert—
“(5)Subsection (6) applies where—
(a)in accordance with subsection (2), the Scottish Ministers have informed V that the Tribunal has decided to make no order under section 193 of the Mental Health Act, and
(b)an appeal against that decision has been made.
(6)The Scottish Ministers must—
(a)inform V that the decision to make no order—
(i)is being appealed against, or
(ii)cannot competently be appealed against and is therefore final, and
(b)give V the information that they would have had to give V by virtue of section 16C(4) had the appeal related to a decision to revoke a compulsion order or a restriction order, and reference in that subsection—
(i)to a decision to revoke the order is to be read as a decision to make no order,
(ii)to O once more being subject to the order is to be read as O no longer being subject to the order.”.
(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)In section 18A (interpretation of Part), after subsection (3), insert—
“(3A)The Scottish Ministers may, by regulations, amend subsection (3) so as to vary the circumstances in which a condition is relevant to V or, as the case may be, a supporter.
(3B)Regulations under subsection (3A)—
(a)may make incidental, supplementary, consequential, transitional, transitory or saving provision,
(b)may make different provision for different purposes,
(c)are subject to the affirmative procedure.”.
(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)In section 18A (interpretation of Part)—
(a)in subsection (2)—
(i)in paragraph (b), after “certificate” in the first place where it occurs insert “other than a certificate to which subsection (2A) applies”,
(ii)after paragraph (b) insert—
“(c)to such a certificate, being a certificate to which subsection (2A) applies, being granted for the first time is to the first time such a certificate is granted which has the effect of allowing the person to leave the hospital of which the unit forms part since—
(i)the person was so detained,
(ii)in a case where the person, while subject to that order or direction, has been recalled to a hospital unit under section 202 of the Mental Health Act, since the person was so recalled (or most recently so recalled if it has happened more than once).”,
(b)after subsection (2) insert—
“(2A)This subsection applies to certificates which relate to the detention of a person under an order or direction which specified that the person was to be detained in a hospital unit.
(2B)For the purposes of this section, “hospital unit” means any part of a hospital which is treated as a separate unit.”.
(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)In section 14 (victim statements)—
(a)in subsection (1)—
(i)“taken” where it first occurs is repealed,
(ii)after “likely to be” insert “—
(a)solemn proceedings, or”,
(iii)the words from “taken” to the end become paragraph (b),
(b)in subsection (2), for “a prescribed offence” substitute “an offence mentioned in subsection (2A)”,
(c)after subsection (2) insert—
“(2A)The offences are—
(a)in the case of solemn proceedings, any offence,
(b)in all other cases, a prescribed offence.”,
(d)in subsection (13), after “statement” where it first occurs insert “made by virtue of subsection (2)”,
(e)in subsection (15)—
(i)in the opening words, for “(2)” substitute “(2A)”,
(ii)in paragraph (b), for “(2)” substitute “(2A)”,
(iii)after paragraph (b) insert—
“(ba)in the case of an order under subsection (13), provision to prescribe a form or manner by reference to one or more particular courts, types of proceedings, jurisdictions, offences or types of offence, or a combination of those things;”,
(iv)in paragraph (c), for “(2)” substitute “(2A)”,
(f)in subsection (16), for “(2)” substitute “(2A)”.
(3)In section 88 (orders), in subsection (2)(a), for “(2)” substitute “(2A)”.
(1)The 1995 Act is amended as follows.
(2)In section 94 (transcripts of record and documentary productions)—
(a)after subsection (2) insert—
“(2ZA)The Clerk of Justiciary must direct that such a transcript be made and sent to a complainer that has requested it, if the complainer was a complainer in a trial that—
(a)was of an offence as described in section 288C(2) (certain sexual offences),
(b)was in the High Court or the Sexual Offences Court, and
(c)commenced on or after 31 December 2006.”,
(b)after subsection (9) insert—
“(10)In this section, “complainer” means a person against whom an offence to which the trial related was alleged to have been committed.”.
(1)The 2014 Act is amended as follows.
(2)In section 3D (referral to providers of victim support services)—
(a)in subsection (1)—
(i)in the opening words, after “person that—” insert—
“(za)victim support services are available to victims and, with reference to subsection (5), what is meant by victim support services,”,
(ii)for paragraph (a), and the word “and” immediately following it, substitute—
“(a)the person is entitled, at any time, to have their details passed by any competent authority to such providers of victim support services as are appropriate to the person’s needs for the purpose of contacting the person to offer the services, in a process known as referral,
(aa)if the person elects to be referred, the person may, at any later time, elect to discontinue the referral or cease to receive the victim support services,”,
(iii)after paragraph (b), insert “, and
(c)if the person elects to contact providers directly without being referred, the person will be provided with the information necessary to do so.”,
(b)for subsection (2) substitute—
“(2)Where the person intimates to a competent authority that the person wishes to be referred to providers of victim support services, the authority must, subject to the consent of the person, disclose the person’s details to such providers of victim support services as the authority considers appropriate to the person’s needs, as soon as is reasonably practicable.
(2A)Where the person intimates to a competent authority that the person wishes to contact providers of victim support services directly without being referred, the authority must, as soon as is reasonably practicable, provide the person with the name, address and telephone number of the providers of victim support services.”,
(c)in subsection (3), for “(1) and (2)”, “substitute (1) to (2A)”,
(d)in subsection (4), for “a request made”, in every place it occurs, substitute “an intimation”,
(e)after subsection (4), insert—
“(4A)The chief constable must make and publish guidance for constables on the process of referring a person who is or appears to be a victim in relation to an offence or alleged offence to victim support services under this section.
(4B)The chief constable must keep the guidance published under subsection (4A) under review and may modify it from time to time, in which case the chief constable must publish the modified guidance.”,
(f)the title of section 3D becomes “Victims’ right to access support services”.
(1)The Criminal Justice (Scotland) Act 2003 is amended as follows.
(2)In section 17 (release on licence: right of victim to receive information and make representations)—
(a)in subsection (6)—
(i)in paragraph (a), after “release” insert “, including a summary of the reasons for its decision”,
(ii)in paragraph (b), after “conditions” insert “, including a summary of the reasons for its decision”,
(b)in subsection (8), in paragraph (a), after “conditions” insert “, including a summary of the reasons for its decision”,
(c)in subsection (10), in paragraph (a), after “conditions” insert “, including a summary of the reasons for their decision”.
(1)The Scottish Ministers must, within the period of 2 years beginning with the day on which this section comes into force, undertake a review of the information to which persons who are or appear to be victims of offences are entitled by virtue of any enactment in relation to—
(a)the acceptance or rejection of a fixed penalty offer by alleged offenders in accordance with section 302 of the 1995 Act, and
(b)any reasons given by alleged offenders as to why the offer has been accepted or rejected.
(2)The review under subsection (1) must, in particular, include consideration of whether any legislative changes are required.
(3)As soon as reasonably practicable after completing the review under subsection (1), the Scottish Ministers must—
(a)prepare and publish a report on the review,
(b)lay a copy of the report before the Scottish Parliament.