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

Part 9 Sexual offences cases: further reform

Anonymity for victims

104 Sexual offences cases: anonymity and restriction on publications

(1) The Criminal Justice (Scotland) Act 2016 is amended as follows.

(2) After section 106, insert—

“Chapter 2B Anonymity for victims

Restriction on publications relating to listed offences

106A Restriction on publications relating to listed offences

(1) Subject to sections 106B and 106C, no publication is to include information relating to a person if that information is likely to lead to the identification of the person as being a victim of an offence listed in subsection (5).

(2) For the purposes of subsection (1), information relating to a person includes in particular—

(a) the person’s name,

(b) the person’s address,

(c) the identity of any school or other educational establishment attended by the person,

(d) the identity of any place at which the person works,

(e) any still or moving picture of the person.

(3) The restriction imposed by subsection (1)—

(a) applies during the lifetime of the person to whom the information relates, and

(b) ceases to apply on that person’s death.

(4) The restriction imposed by subsection (1) does not prevent the person to whom the information relates from publishing information which is likely to lead to their own identification as being a victim of an offence listed in subsection (5).

(5) The offences referred to in subsection (1) are—

(a) an offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 (offences involving indecent photographs of children),

(b) an offence to which section 288C of the Criminal Procedure (Scotland) Act 1995 applies (certain sexual offences),

(c) an offence under section 1 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (offence of female genital mutilation),

(d) an offence under section 1, 9, 10, 11 or 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (certain sexual offences against or in respect of children),

(e) an offence under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage or forced civil partnership),

(f) an offence under section 1 (human trafficking) or section 4 (slavery, servitude and forced or compulsory labour) of the Human Trafficking and Exploitation (Scotland) Act 2015,

(g) an offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (disclosing, or threatening to disclose, an intimate photograph or film),

(h) an offence under section 140, 141, 142, 152, 153 or 154 of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty),

(i) attempting to commit any offence mentioned in paragraphs (a) to (h) (but not paragraph (b)),

(j) conspiracy or incitement to commit any offence mentioned in paragraphs (a) to (h),

(k) aiding, abetting, counselling or procuring the commission of any offence mentioned in paragraphs (a) to (h).

(6) The Scottish Ministers may, by regulations, modify subsection (5) by adding an offence to, varying the description of an offence mentioned in, or removing an offence from, that subsection.

(7) Regulations under subsection (6) are subject to the affirmative procedure.

(8) In this section—

• “offence” includes any offence, regardless of whether it is committed, or suspected to have been committed, before or after this section comes into force,

• “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed or accessible to the public at large or any section of the public (whether on registration, payment, subscription or otherwise),

• “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990,

• “victim of an offence” means a person against or in respect of whom an offence has been, or is or has been suspected to have been, committed.

106B Power to dispense with restriction: child victims

(1) A sheriff may by order dispense with the restriction imposed by section 106A(1) where—

(a) the information to which the restriction would apply is information relating to a child, and

(b) the sheriff considers that the conditions set out in subsection (4)(a) and (b) are satisfied.

(2) A sheriff may make an order under subsection (1) on the application of a person other than the child who wishes to publish information relating to the child.

(3) Before deciding whether to make an order under subsection (1), the sheriff must give the following persons an opportunity to make representations—

(a) the person who made the application,

(b) the child to whom the information relates.

(4) The conditions referred to in subsection (1)(b) are that—

(a) the child to whom the information relates—

(i) understands the nature of an order under subsection (1),

(ii) appreciates what the effect of making such an order would be, and

(iii) gives consent to the publication of the information, and

(b) there is no good reason why an order under subsection (1) should not be made.

(5) The child to whom the order under subsection (1) relates may withdraw consent by giving, before the information is published, written notice to the person who obtained the order.

(6) Where a child gives notice under subsection (5), the restriction imposed by section 106A(1) is, from the time the notice is received, no longer dispensed with.

(7) The decision of the sheriff under this section is final.

(8) In this section—

• “child” means a person who is aged under 18 at the date on which the application is made,

• “consent” means free agreement.

106C Power to dispense with restriction: conviction for relevant offence

(1) This section applies where—

(a) a court convicts a person of a relevant offence, and

(b) there is information relating to that person the publication of which is restricted by section 106A(1).

(2) The court may, of its own accord, make an order dispensing with the restriction imposed by section 106A(1) if—

(a) the court is satisfied that—

(i) the person convicted of a relevant offence alleged that they were a victim of an offence listed in section 106A(5), and

(ii) there is a connection between the conduct amounting to the relevant offence and the allegation that the person was a victim of an offence listed in section 106A(5), and

(b) the court is satisfied that it is in the interests of justice to dispense with the restriction.

(3) In this section—

• “relevant offence” means—

  (a)

  an offence of perjury,

  (b)

  an offence of attempting to pervert the course of justice,

  (c)

  an offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations),

• “victim of an offence” has the same meaning as in section 106A.

106D Offence and defences

(1) A person who publishes relevant information in contravention of section 106A commits an offence and is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

(2) A person who—

(a) attempts or conspires to commit an offence under subsection (1), or

(b) aids, abets, counsels, procures or incites the commission of such an offence,

commits an offence and is liable on conviction to the same punishment as if the person had committed the offence under subsection (1).

(3) A person charged with an offence under this section has a defence if it is established that the conditions mentioned in subsection (4) were met.

(4) Those conditions are that—

(a) the person to whom the relevant information relates—

(i) had given written consent to the publication of information in relation to an offence listed in section 106A(5),

(ii) was aged 18 or over when that consent was given, and

(iii) had not, before the information was published, given written notice of the withdrawal of that consent, and

(b) the information published relates to the offence to which that consent relates.

(5) A person charged with an offence under this section has a defence if it is established that—

(a) the information published was in the public domain (having already been published by the person, being a person aged 18 or over, to whom the information relates or otherwise), and

(b) where the information was in the public domain as a result of it being published by a person other than the person to whom it relates, there was no reason for the person charged to believe that the conditions mentioned in subsection (4) were not met in relation to that prior publication.

(6) A person charged with an offence under this section has a defence if it is established that they were not aware, and neither suspected nor had reason to suspect, that the publication included relevant information.

(7) For the purposes of subsections (3), (5) and (6), a matter is established if—

(a) evidence adduced is enough to raise an issue as to whether that is the case, and

(b) the prosecution does not prove beyond reasonable doubt that it is not the case.

(8) For the purposes of subsections (3), (4)(a)(ii) and (5)(a), that a person was aged 18 or over is established only if the person charged with the offence took reasonable steps to establish the person’s age.

(9) For the purposes of subsection (4)(a), consent which purports to be specific to a particular publication may be taken to be consent to publication generally.

(10) For the purposes of subsections (3) to (6), where a person is charged with an offence by virtue of subsection (2), references to the publication of relevant information include references to the attempted publication of that information.

(11) In this section—

• “consent” means free agreement,

• “relevant information” means information the publication of which is restricted under section 106A(1).

106E Individual culpability where organisation commits offence under section 106D

(1) This section applies where—

(a) an offence under section 106D is committed by a relevant organisation, and

(b) the commission of the offence—

(i) involves consent or connivance, or

(ii) is attributable to neglect,

on the part of a responsible individual.

(2) The responsible individual (as well as the relevant organisation) commits the offence.

(3) For the purposes of this section—

(a) “relevant organisation” means an organisation listed in the first column of the table in subsection (4),

(b) “responsible individual” means, in relation to a relevant organisation—

(i) an individual falling within the corresponding entry in the second column of that table, or

(ii) an individual purporting to act in the capacity of an individual falling within the corresponding entry.

(4) The table is as follows—

Relevant organisation	Responsible individual
a company as mentioned in section 1 of the Companies Act 2006	a director, manager, secretary or other similar officer
	a member, where the company’s affairs are managed by its members
a limited liability partnership	a member
a partnership other than a limited liability partnership	a partner
any other body or association	an individual who is concerned in the management or control of the body’s or association’s affairs

106F Crown application: offence under section 106D

(1) Nothing in section 106D makes the Crown criminally liable.

(2) The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1).

(3) Subsection (1) does not affect the criminal liability of persons in the service of the Crown.”.

(3) The 1995 Act is amended as follows.

(4) In section 47 (restriction on report of proceedings involving children)—

(a) in subsection (1), after “below” insert “and to section 47A”,

(b) in subsection (2), after “below” insert “and to section 47A”.

(5) After that section insert—

“47A Disapplication of section 47 in certain cases

(1) This section applies where—

(a) proceedings are taken against any person in respect of an offence listed in section 106A(5) of the Criminal Justice (Scotland) Act 2016 (a “listed offence”), and

(b) the person who is the victim of the offence is aged under 18.

(2) Section 47—

(a) does not apply in relation to the person who is the victim of the listed offence in respect of that offence,

(b) otherwise continues to apply in respect of the proceedings.

(3) In this section, “offence” and “victim of the offence” are to be construed in accordance with section 106A(8) of the 2016 Act.”.

Restrictions on evidence relating to sexual offences

105 Restrictions on evidence relating to sexual offences

(1) The 1995 Act is amended as follows.

(2) In section 274 (restrictions on evidence relating to sexual offences)—

(a) in subsection (1), for “charged with an offence to which section 288C of this Act” substitute “to whom subsection (1A)”,

(b) after subsection (1), insert—

“(1A) This subsection applies to—

(a) a person charged with an offence to which section 288C applies,

(b) a person charged with an offence to which section 288DC(1)(a) applies, where it is apparent from the offence as charged that the alleged abusive behaviour included behaviour that could constitute an offence to which section 288C applies,

(c) a person charged with an offence in connection with which a docket is included in the indictment or complaint—

(i) under section 288BA, or

(ii) under rule of law but only if the alleged behaviour specified in the docket included behaviour that could constitute an offence to which section 288C applies.”,

(c) in subsection (2), for the definition of “complainer” (and “and” immediately following it) substitute—

• ““complainer” means—

  (a)

  in the trial of a person charged with an offence to which section 288C or 288DC(1)(a) applies, the person against whom that offence is alleged to have been committed, or

  (b)

  in the trial of a person charged with an offence in connection with which a docket is included in the indictment or complaint, the person in relation to whom the act or omission specified in the docket is alleged to have been carried out, and”.

Independent legal representation for complainers

106 Applications to admit certain evidence relating to sexual offences: rights of complainers

(1) The 1995 Act is amended as follows.

(2) In section 275 (exceptions to restrictions under section 274)—

(a) after subsection (4) insert—

“(4A) The prosecutor (whether the party making the application or otherwise) must, as soon as reasonably practicable after the application is made—

(a) notify the complainer that an application for the purposes of subsection (1) has been made,

(b) give the complainer an explanation of the application, of the evidence sought to be admitted and, as the case may be, of the questioning proposed to be allowed,

(c) give the complainer information about the rights mentioned in section 275ZA.”,

(b) after subsection (9) insert—

“(10) In subsection (4A) and in sections 275ZA to 275ZC—

• “complainer” has the same meaning as in section 274 except that it does not include a person who is deceased,

• “legal representative” means—

  (a)

  a solicitor,

  (b)

  an advocate, or

  (c)

  a solicitor who has a right of audience in the High Court of Justiciary under section 25A of the Solicitors (Scotland) Act 1980.”.

(3) After section 275 insert—

“275ZA Rights of complainers in relation to section 275 applications

(1) This section applies where an application is made for the purposes of section 275(1).

(2) Where the complainer engages a legal representative for purposes relating to the application, the complainer’s legal representative must give the court and the prosecutor notice of that fact—

(a) as soon as reasonably practicable after being so engaged, and

(b) in writing.

(3) The complainer’s legal representative is, on giving notice to the prosecutor under subsection (2), entitled to be given an opportunity to make representations to the court in relation to the application, including as to—

(a) the accuracy of any statements made in it, and

(b) whether the evidence sought to be admitted or questioning proposed should be admitted or, as the case may be, allowed.

(4) Where the complainer’s legal representative withdraws or is dismissed by the complainer, the legal representative must give the court and the prosecutor notice of that fact—

(a) as soon as reasonably practicable after withdrawing or being dismissed, and

(b) in writing.

(5) For the purposes of subsections (2) and (4), notice is given to the prosecutor if it is given to—

(a) in proceedings in the High Court or Sexual Offences Court, the Crown Agent,

(b) in any other proceedings, the procurator fiscal for the district in which the trial diet is to be held.

275ZB Rights of complainers in relation to section 275 applications: further provision

(1) The prosecutor must, where given notice under section 275ZA(2), send to the complainer’s legal representative as soon as reasonably practicable—

(a) a copy of the application made for the purposes of section 275(1),

(b) a copy of the complaint or, as the case may be, indictment to the extent that it relates to the application.

(2) Where, after receipt of the documents mentioned in subsection (1), the complainer’s legal representative requests that the prosecutor provide a copy of any evidence referred to in, or relevant to, the application, the prosecutor must—

(a) notify the accused that such a request has been made, and

(b) advise the accused of the evidence which has been requested.

(3) The prosecutor must send the requested evidence to the complainer’s legal representative as soon as reasonably practicable after the end of the period (“the objection period”) mentioned in subsection (6), unless subsection (7) applies in relation to that particular evidence.

(4) Subsection (7) applies in relation to particular evidence if, within the objection period—

(a) the accused sends the prosecutor the accused’s objection to that particular evidence being sent or to all of the evidence being sent, or

(b) the prosecutor has an objection to that particular evidence being sent or to all of the evidence being sent.

(5) For the purposes of this section, an objection sent by the accused to the prosecutor must—

(a) be in writing,

(b) explain why the accused objects to the evidence being sent,

(c) state whether the objection is—

(i) only to particular evidence being sent and, if so, specify which particular evidence, or

(ii) to all of the evidence being sent.

(6) The objection period is the period—

(a) beginning on the day after the day on which the accused is notified of the request for evidence, and

(b) ending on the earliest of—

(i) the day which falls 7 days after the period begins,

(ii) if a preliminary hearing, first diet or intermediate diet is to be held, the day which falls two days before the day that hearing or diet is to be held,

(iii) if the accused gives the prosecutor written consent to that particular evidence or all of the evidence being sent and the prosecutor has no objection to it being sent, the day on which that written consent is given.

(7) Before sending to the complainer’s legal representative any particular evidence in relation to which there is an objection in accordance with subsection (4), the prosecutor must—

(a) apply to the court for a ruling on whether the evidence should be sent or the objection upheld,

(b) include in the application a copy of the objection to the evidence being sent,

(c) send a copy of the application to the accused and the complainer’s legal representative.

(8) On an application under subsection (7)(a), the court may, after giving the prosecutor, the accused and the complainer’s legal representative an opportunity to make representations—

(a) uphold the objection and refuse to authorise the sending of evidence,

(b) require the prosecutor to send the evidence in the form, and subject to any limitations, the court thinks is in the interests of justice.

275ZC Confidentiality of disclosed evidence

(1) This section applies where, in accordance with section 275ZB, the prosecutor sends the complainer’s legal representative a copy of any evidence referred to in, or relevant to, the application made for the purposes of section 275(1).

(2) Subject to any conditions imposed by the court, by virtue of section 275ZB(8), on disclosure of evidence, the complainer and the complainer’s legal representative may use or disclose evidence referred to in subsection (1) for the purposes set out in subsection (3).

(3) The purposes are making, or preparing to make, representations to the court in relation to the application, in accordance with section 275ZA(3).

(4) A person must not use or disclose evidence referred to in subsection (1) for any purpose other than those set out in subsection (3).

(5) Subsection (4) does not apply in relation to the use or disclosure of evidence which is in the public domain at the time of the use or disclosure.

(6) A person who knowingly uses or discloses evidence in contravention of subsection (4) commits an offence.

(7) A person who commits an offence under subsection (6) is liable—

(a) on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).”.

(4) In section 275B (provisions supplementary to sections 275 and 275A), in subsection (1)—

(a) in paragraph (a), for “7” substitute “21”,

(b) for paragraph (b) substitute—

“(b) in the case of proceedings on indictment in the sheriff court, not less than 21 clear days before the first diet,

(c) in the case of summary proceedings, not less than 21 clear days before the first intermediate diet or, if no such diet is fixed, the trial diet.”,

(c) in the section title, for “275 and 275A” substitute “275 to 275A”.

(5) In section 271I (taking of evidence by a commissioner), in subsection (6)(c), for “7” substitute “21”.

(6) In section 74 (appeals in connection with preliminary diets), after subsection (1) insert—

“(1A) For the purposes of an appeal under subsection (1) against a decision to grant an application under section 275(1), “party” includes the complainer’s legal representative (within the meaning of section 275(10)).”.

Non-harassment orders

107 Circumstances in which non-harassment order must be considered by court

(1) The 1995 Act is amended as follows.

(2) In section 234AZA (non-harassment orders: domestic abuse cases)—

(a) in subsection (2)(c), before sub-paragraph (i) insert—

“(zi) an offence to which section 288C applies,

(zii) stalking,

(ziii) an offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,”,

(b) in subsection (3)(a), for “in any circumstances” substitute “where the offence is one listed in subsection (2)(c)(zii), (i) or (ii)”,

(c) in the section title, for “domestic abuse cases” substitute “consideration by court in certain cases”.