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Victims, Witnesses, and Justice Reform (Scotland) Act 2025
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- Acts of the Scottish Parliament
- 2025 asp 12
- Part 7
- Chapter 3
- Sexual Offences Court records
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Sexual Offences Court records
89Sexual Offences Court records
(1)The Public Records (Scotland) Act 1937 is amended as follows.
(2)After section 1 (High Court and Court of Session records), insert—
“1ZASexual Offences Court records
(1)The records of the Sexual Offences Court are to be transmitted to the Keeper at such times, and subject to such conditions, as may be prescribed by act of adjournal.
(2)An act of adjournal under subsection (1) may—
(a)fix different times and conditions of transmission for different descriptions or records,
(b)make provision for—
(i)re-transmission of records to the Sexual Offences Court or the High Court of Justiciary when necessary for the purposes of proceedings in either court,
(ii)the return to the Keeper of records re-transmitted under sub-paragraph (i) as soon as they are no longer required for such purposes.
(3)Before making an act of adjournal under subsection (1), the High Court must consult the Keeper.”.
90Sexual Offences Court records: authentication and electronic form
(1)A record of the Sexual Offences Court is authenticated by being signed by—
(a)a Judge of the Sexual Offences Court, or
(b)the Clerk of the Sexual Offences Court.
(2)A record authenticated in accordance with subsection (1), or a certified copy of such a record or of an extract of such a record, is sufficient evidence of the facts recorded in the record.
(3)The Sexual Offences Court may keep (and produce) records in electronic form.
(4)For the purposes of this section, a reference to a record or a copy of a record being signed or, as the case may be, certified, includes a reference to the record or copy being authenticated by means of—
(a)an electronic signature, or
(b)such other means of authentication as may be specified for that purpose by act of adjournal.
(5)Before making an act of adjournal under subsection (4)(b), the High Court of Justiciary must consult the Keeper of the Records of Scotland.
(6)In this section—
“certified copy” means a copy certified by the Clerk of the Sexual Offences Court as a true copy,
“electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000, but includes a version of an electronic signature which is reproduced on a paper document,
“record” means any interlocutor, decree, minute or other document by which the proceedings and decisions of the Sexual Offences Court are recorded.
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