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

Schedule 1 The office of Victims and Witnesses Commissioner for Scotland

(introduced by section 1(2))

Part 1 Status and independence

Status

1 (1) The Commissioner is, as Commissioner, to be regarded as a juristic person distinct from the individual for the time being holding the office.

(2) The Commissioner—

(a) is not a servant or agent of the Crown, and

(b) does not enjoy any status, immunity, or privilege of the Crown.

(3) The Commissioner’s property is not to be regarded as property of, or property held on behalf of, the Crown.

(4) Individuals working as the Commissioner’s staff are not, on that account, to be regarded as civil servants.

Independence

2 (1) The Commissioner is not, except as provided in the provisions listed in sub-paragraph (2), subject to the direction or control of—

(a) any member of the Scottish Parliament,

(b) the Scottish Ministers, or

(c) the Parliamentary corporation.

(2) The provisions referred to in sub-paragraph (1) are—

(a) sections 5(2) and (3), 7(2), and 18(5), and

(b) paragraphs 5, 6(3), 8, 9, 10, 11, 12, 13(1), 15(1), 16(1) and (2), 17(1) and (4), and 18(2) of this schedule.

Part 2 Appointment, termination and terms and conditions

Appointment

3 (1) The office of Commissioner is to be held by an individual appointed by His Majesty on the nomination of the Scottish Parliament.

(2) An individual may not be appointed to hold the office of Commissioner if the individual is disqualified under paragraph 4.

(3) An individual who holds or has held the office of Commissioner may not be reappointed.

Disqualification from appointment

4 An individual is disqualified from holding the office of Commissioner if the individual is or, within the year preceding the date on which the appointment is to take effect, has been—

(a) a member of the Scottish Parliament,

(b) a member of the House of Commons,

(c) a member of the House of Lords, or

(d) a person who is, or who is a member, employee or appointee of, a criminal justice body.

Tenure

5 Subject to paragraph 6, the Commissioner holds office for such period, not exceeding 8 years, as the Parliamentary corporation determines at the time of appointment.

Early termination

6 (1) The Commissioner’s appointment ends if—

(a) the Commissioner is relieved of office by His Majesty at the Commissioner’s request,

(b) the Commissioner becomes disqualified from holding office (see paragraph 4), or

(c) the Commissioner is removed from office in accordance with sub-paragraph (2).

(2) The Commissioner may be removed from office by His Majesty if—

(a) either of the conditions in sub-paragraph (3) is met, and

(b) the number of members voting in favour of the resolution referred to in the condition in question is at least two thirds of the total number of seats for members of the Scottish Parliament.

(3) The conditions are—

(a) that—

(i) the Parliamentary corporation is satisfied that the Commissioner has breached the Commissioner’s terms and conditions of appointment, and

(ii) the Parliament resolves that the Commissioner should be removed from office for that breach,

(b) the Parliament resolves that it has lost confidence in the Commissioner’s willingness, suitability or ability to perform the Commissioner’s functions.

Validity of things done

7 The validity of anything done by the Commissioner is not affected by—

(a) a defect in the nomination of the Commissioner,

(b) the disqualification of an individual as the Commissioner after appointment.

Remuneration and pensions, etc.

8 (1) The Parliamentary corporation may pay the Commissioner such remuneration and allowances (including expenses) as the Parliamentary corporation determines.

(2) The Parliamentary corporation must indemnify the Commissioner in respect of any liabilities incurred by the Commissioner in the exercise of the Commissioner's functions.

(3) The Parliamentary corporation may pay, or make arrangements for the payment of, such pensions, allowances and gratuities to, or in respect of, any individual who holds or has held the office of Commissioner as the Parliamentary corporation determines.

(4) Those arrangements may include—

(a) making payments towards the provision of those pensions, allowances and gratuities,

(b) providing and maintaining schemes for the payment of those pensions, allowances and gratuities.

(5) The reference in sub-paragraph (3) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Other terms and conditions

9 (1) The Parliamentary corporation may, subject to any provision made by this Act, determine the terms and conditions on which the Commissioner is appointed.

(2) Those terms and conditions may—

(a) prohibit the Commissioner from holding any other specified office, employment or appointment or engaging in any other specified occupation,

(b) provide that the Commissioner's holding of any such office, employment or appointment or engagement in any such occupation is subject to the approval of the Parliamentary corporation.

(3) In sub-paragraph (2)(a), “specified” means specified (by name or description) in the Commissioner's terms and conditions.

Temporary appointments

10 (1) This paragraph applies during any period when—

(a) the office of Commissioner is vacant, or

(b) the individual holding the office is for any reason unable to perform the Commissioner's functions.

(2) The Parliamentary corporation may appoint an individual to act as the Commissioner during that period.

(3) An individual is eligible for appointment under sub-paragraph (2) only if the individual is not—

(a) prevented from being reappointed to the office of Commissioner by virtue of paragraph 3(3),

(b) disqualified from holding the office of Commissioner under paragraph 4.

(4) An individual appointed under sub-paragraph (2)—

(a) is appointed on such terms and conditions, and for such period, as the Parliamentary corporation determines,

(b) while acting as Commissioner is to be treated as the Commissioner for all purposes except those of paragraphs 5, 6, and 8(3).

(5) An appointment under sub-paragraph (2) ends if—

(a) the individual is relieved of office by the Parliamentary corporation at the individual's request, or

(b) the individual is removed from office by the Parliamentary corporation by notice in writing.

Part 3 Staff and offices

Appointment of staff

11 The Commissioner may, with the consent of the Parliamentary corporation as to numbers, appoint staff.

Staff terms and conditions

12 Staff appointed by the Commissioner are appointed on such terms and conditions as the Commissioner, with the approval of the Parliamentary corporation, determines.

Staff pensions

13 (1) The Commissioner may, with the approval of the Parliamentary corporation, pay or make arrangements for the payment of pensions, allowances and gratuities to, or in respect of, any individual who is or has been a member of staff of the Commissioner.

(2) Those arrangements may include—

(a) making payments towards the provision of those pensions, allowances and gratuities,

(b) providing and maintaining schemes for the payment of those pensions, allowances and gratuities.

(3) The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Authority to perform functions

14 (1) The Commissioner may authorise any person to perform such of the Commissioner's functions (and to such extent) as the Commissioner determines.

(2) The giving of authority under sub-paragraph (1) does not—

(a) affect the Commissioner's responsibility for the performance of the functions,

(b) prevent the Commissioner from performing the functions.

Duty to comply with directions

15 (1) The Commissioner must comply with any direction given to the Commissioner by the Parliamentary corporation in relation to—

(a) the location of the Commissioner’s office,

(b) the sharing of premises, staff, services or other resources with any other officeholder or any public body.

(2) A direction under this section may vary or revoke a previous direction.

(3) The Parliamentary corporation is to make any direction under this section publicly available.

Part 4 Accounts and accountability

Budget

16 (1) The Commissioner must, before the start of each financial year—

(a) prepare proposals for the Commissioner’s use of resources and expenditure during the year (a “budget”), and

(b) by such date as the Parliamentary corporation determines, send the budget to it for approval.

(2) The Commissioner may, in the course of a financial year, prepare a revised budget for the remainder of the year and send it to the Parliamentary corporation for approval.

(3) In preparing a budget or revised budget, the Commissioner must ensure that the Commissioner’s resources will be used economically, efficiently and effectively.

(4) A budget or revised budget must contain a statement confirming that the Commissioner has complied with the duty under sub-paragraph (3).

Accountable officer

17 (1) The Parliamentary corporation must designate the Commissioner or a member of the Commissioner’s staff as the accountable officer.

(2) The functions of the accountable officer are—

(a) signing the accounts of the expenditure and receipts of the Commissioner,

(b) ensuring the propriety and regularity of the finances of the Commissioner,

(c) ensuring that the resources of the Commissioner are used economically, efficiently and effectively, and

(d) where the accountable officer is not the Commissioner, the duty set out in sub-paragraph (3).

(3) The duty referred to in sub-paragraph (2)(d) is a duty, where the accountable officer is required to act in a way that the accountable officer considers would be inconsistent with the proper performance of the functions specified in sub-paragraph (2)(a) to (c), to—

(a) obtain written authority from the Commissioner before taking the action, and

(b) send a copy of that authority as soon as possible to the Auditor General for Scotland.

(4) The accountable officer is answerable to the Scottish Parliament for the performance of the functions specified in sub-paragraph (2).

Accounts and audit

18 (1) The Commissioner must—

(a) keep proper accounts and accounting records,

(b) prepare in respect of each financial year a statement of accounts, and

(c) send a copy of the statement to the Auditor General for Scotland for auditing.

(2) The Commissioner must comply with any directions from the Scottish Ministers in relation to the matters mentioned in sub-paragraph (1)(a) and (b).

(3) The Commissioner must make the audited statement of accounts available, without charge, for inspection by any person upon request.

Schedule 2 Application of public authorities legislation to the office of Victims and Witnesses Commissioner for Scotland

(introduced by section 24)

Scottish Public Services Ombudsman Act 2002

1 In Part 2 of schedule 2 of the Scottish Public Services Ombudsman Act 2002 (other Scottish public authorities liable to investigation), after paragraph 54 insert—

“54ZA The Victims and Witnesses Commissioner for Scotland.”.

Freedom of Information (Scotland) Act 2002

2 In Part 7 of schedule 1 of the Freedom of Information (Scotland) Act 2002 (Scottish public authorities to which the Act applies), after paragraph 105, insert—

“105ZA The Victims and Witnesses Commissioner for Scotland.”.

Public Services Reform (Scotland) Act 2010

3 In schedule 5 of the Public Services Reform (Scotland) Act 2010 (Scottish public authorities with mixed or no reserved functions to which Part 2 order-making powers apply), after the entry relating to the Standards Commission for Scotland, insert— “Victims and Witnesses Commissioner for Scotland”.

Public Records (Scotland) Act 2011

4 In the schedule of the Public Records (Scotland) Act 2011 (other authorities to which Part 1 applies), before the entry relating to VisitScotland, insert—

• “Victims and Witnesses Commissioner for Scotland”.

Procurement Reform (Scotland) Act 2014

5 In Part 3 of the schedule of the Procurement Reform (Scotland) Act 2014 (other contracting authorities to which the Act applies), after paragraph 67 insert—

“67A Victims and Witnesses Commissioner for Scotland”.

Schedule 3 Victim Notification Scheme

(introduced by sections 36 and 39)

Part 1 Right of eligible persons to receive information in event of death or incapacity of victim

1 (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), after “perpetrated” insert “(the “victim”)”,

(b) for subsection (5), substitute—

“(5) Where information would fall to be given under subsection (1), but the victim has died or is incapable, that subsection applies as if references in it to the victim were references to the designated person or designated persons.”,

(c) after subsection (5) insert—

“(5A) For the purposes of subsection (5), a designated person means a person designated by the Scottish Ministers to be given the information in place of the victim in accordance with subsections (5B) to (5E).

(5B) The Scottish Ministers—

(a) may designate, as they consider appropriate—

(i) where the victim has died, at least one person and not more than 4 persons as designated persons,

(ii) where the victim is incapable, one person as designated person,

(b) must, where a person intimates that they wish to be a designated person (and the maximum number of persons who may be designated in accordance with paragraph (a) has not been reached), consider whether to designate that person.

(5C) Where the victim has died, the Scottish Ministers may—

(a) if they consider it appropriate to do so—

(i) remove a person as a designated person,

(ii) add a person as a designated person (provided such addition does not result in there being more than 4 designated persons, subject to paragraph (b)),

(b) on cause shown, add a person as a designated person where that addition results in there being 5 designated persons.

(5D) Where the victim is incapable, the Scottish Ministers may, if they consider it appropriate to do so, remove or replace a person as designated person.

(5E) The Scottish Ministers must have regard to the code of practice issued under section 18ZA in designating, adding, removing or replacing persons as designated persons.

(5F) If a designated person is a child, the Scottish Ministers must determine whether the information should be provided to—

(a) the designated person,

(b) the designated person and the person who cares for the designated person,

(c) the person who cares for the designated person, or

(d) another person over the age of 18 years with a relationship to the designated person,

but only if the Scottish Ministers are satisfied that the person consents to being given the information.

(5G) When making a determination under subsection (5F), the Scottish Ministers must have regard to—

(a) the designated person’s age and maturity,

(b) any views expressed by the designated person, and

(c) the best interests of the designated person.

(5H) When making a determination under subsection (5F), the Scottish Ministers must also have regard to the code of practice issued under section 18ZA.

(5I) The Scottish Ministers may—

(a) review a determination made under subsection (5F)—

(i) of their own accord, or

(ii) at the request of the designated person or the other person (if any) to whom the determination relates,

(b) following a review, make a new determination under subsection (5F).

(5J) Where a determination has been made under subsection (5F)—

(a) before the designated person attains the age of 18 years, the Scottish Ministers must contact the designated person to establish how the designated person wishes to receive information under this section after they attain the age of 18 years,

(b) after the designated person attains the age of 18 years, the most recent determination made under subsection (5F) in relation to the designated continues to have effect until a new intimation under subsection (1) is made.

(5K) In this section, “incapable” means incapable of understanding or retaining the memory of information which falls to be given under subsection (1) by reason of any mental disorder or inability to communicate where that inability to communicate cannot be made good by human or mechanical aid (whether of an interpretive nature or otherwise).”,

(d) subsection (6) is repealed,

(e) for subsection (9), substitute—

“(9) The Scottish Ministers may, by regulations, modify this section by substituting for—

(a) references to a person specified in any part of this section to whom information may be made available, including references to the designated person, references to such other person as they consider appropriate,

(b) the age specified in any part of this section such other age as they consider appropriate,

(c) the number of persons who may be designated as designated persons where the victim has died, such other number as they consider appropriate.”.

(3) In section 16B (person entitled to ask to be given information under section 16A)—

(a) in subsection (1)—

(i) for paragraph (b), substitute—

“(b) if V has died or is incapable, the designated person or designated persons.”,

(ii) paragraph (c) is repealed,

(b) for subsection (3), substitute—

“(3) For the purposes of this section, a designated person means a person designated by the Scottish Ministers to be given the information in place of V in accordance with subsections (4) to (8).”,

(c) after subsection (3), insert—

“(4) The Scottish Ministers—

(a) may designate, as they consider appropriate—

(i) where V has died, at least one person and not more than 4 persons as designated persons,

(ii) where V is incapable, one person as designated person,

(b) must, where a person intimates that they wish to be a designated person (and the maximum number of persons who may be designated in accordance with paragraph (a) has not been reached), consider whether to designate that person.

(5) Where V has died, the Scottish Ministers may—

(a) if they consider it appropriate to do so—

(i) remove a person as a designated person,

(ii) add a person as a designated person (provided such addition does not result in there being more than 4 designated persons, subject to paragraph (b)),

(b) on cause shown, add a person as a designated person where that addition results in there being 5 designated persons.

(6) Where V is incapable, the Scottish Ministers may, if they consider it appropriate to do so, remove or replace a person as designated person.

(7) The Scottish Ministers may, by regulations, amend this section by substituting—

(a) for the number of persons who may be designated as designated persons where V has died, such other number as they consider appropriate,

(b) references to a person specified in any part of this section to whom information may be made available, including references to the designated person, reference to such other person as they consider appropriate.

(8) The Scottish Ministers must have regard to the code of practice issued under section 18ZA in designating, adding, removing or replacing persons as designated persons.

(9) If a designated person is a child, the Scottish Ministers must determine whether the information should be provided to—

(a) the designated person,

(b) the designated person and the person who cares for the designated person,

(c) the person who cares for the designated person, or

(d) another person over the age of 18 years with a relationship to the designated person,

but only if the Scottish Ministers are satisfied that the person consents to being given the information.

(10) When making a determination under subsection (9), the Scottish Ministers must have regard to—

(a) the designated person’s age and maturity,

(b) any views expressed by the designated person, and

(c) the best interests of the designated person.

(11) When making a determination under subsection (9), the Scottish Ministers must also have regard to the code of practice issued under section 18ZA.

(12) The Scottish Ministers may—

(a) review a determination made under subsection (9)—

(i) of their own accord, or

(ii) at the request of the designated person or the other person (if any) to whom the determination relates,

(b) following a review, make a new determination under subsection (9).

(13) Where a determination has been made under subsection (9)—

(a) before the designated person attains the age of 18 years, the Scottish Ministers must contact the designated person to establish how the designated person wishes to receive information under this section after they attain the age of 18 years,

(b) after the designated person attains the age of 18 years, the most recent determination made under subsection (9) in relation to the designated continues to have effect until a new intimation under subsection (1) is made.

(14) In this section, “incapable” means incapable of understanding or retaining the memory of information which falls to be given under subsection (1) by reason of any mental disorder or inability to communicate where that inability to communicate cannot be made good by human or mechanical aid (whether of an interpretive nature or otherwise).

(15) 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.”.

(4) After section 18, insert—

“18ZA Code of practice in relation to designated persons and determinations made under sections 16 and 16B

(1) The Scottish Ministers must prepare a code of practice in relation to—

(a) designated persons,

(b) determinations made under sections 16(4B) and (5F) and 16B(2A) and (9).

(2) In preparing the code of practice, the Scottish Ministers must—

(a) publish a draft of the code, and

(b) consult such persons as they consider appropriate.

(3) The Scottish Ministers—

(a) must—

(i) publish the code of practice in such manner as they consider appropriate,

(ii) lay a copy of the code before the Scottish Parliament,

(b) may revise the code of practice and publish an updated code as they consider appropriate, and subsection (2) and paragraph (a) of this subsection apply to a revised code as they apply to the original code.

(4) The code of practice may, in particular—

(a) set out a list of persons who may be designated as designated persons by reference to their relationship to the person to whom information would otherwise fall to be given under section 16(1), or who would otherwise be entitled to ask to be given information under section 16A, subject to other factors and circumstances to be taken into consideration,

(b) provide guidance about—

(i) the ways in which the Scottish Ministers may exercise their discretion in relation to the designation of persons under section 16 or 16B,

(ii) factors to be taken into consideration in designating persons,

(iii) evidence which may be required in order to establish the relationship between the person to whom information would otherwise fall to be given under section 16(1), or who would otherwise be entitled to ask to be given information under section 16A, and a person being considered for designation,

(iv) circumstances in which it may be appropriate to add, remove or replace a person as a designated person,

(c) set out—

(i) a complaints process in relation to the designation of persons,

(ii) a process by which a person can seek reconsideration of a decision not to designate that person,

(d) provide guidance about the making of determinations under sections 16(4B) and (5F) and 16B(2A) and (9), in particular about—

(i) the assessment of the factors mentioned in sections 16(4C) and (5G) and 16B(2B) and (10),

(ii) the carrying out of a review under sections 16(4E) and (5I) and 16B(2D) and (12),

(e) provide guidance in relation to contacting a victim under sections 16(4F) and (5J) and 16B(2E) and (13).

(5) A code of practice made under this section comes into force on such day as the Scottish Ministers may, by regulations, appoint.”.

(5) In section 88(2)(a)—

(a) after “16(4)” insert “, 16(9), 16B(7)”,

(b) after “17DB(1A)” (as inserted by section 29B(3)(b)) insert “, 18ZA(5)”.

Part 2 Notification of individual other than supporter to receive information

2 (1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 16ZA (provision of information to person supporting victim)—

(a) in subsection (1)(a)—

(i) for “(the “victim”)” substitute “(“P”)”,

(ii) after “that” insert “either (but not both)”,

(iii) the words from “a person” where it second occurs to the end become sub-paragraph (i),

(iv) in that sub-paragraph—

(A) for “the victim” where it first occurs substitute “P”,

(B) for “perpetrated against the victim” substitute “in relation to which P is entitled to receive information”,

(v) after sub-paragraph (i) insert—

“(ii) an individual who is not a supporter (the “nominee”) is to be given, as well as or instead of P, that information and Ministers are satisfied that the nominee consents to being given the information, or”,

(b) in subsection (1)(b), for “the victim” substitute “P”,

(c) after subsection (1) insert—

“(1A) An individual may be a nominee under subsection (1)(a)(ii) only if the individual—

(a) has attained 18 years of age, and

(b) is not the person convicted of the offence against the victim.”,

(d) in subsection (2)(b)—

(i) for “the victim” where it first occurs substitute “P”,

(ii) for “perpetrated against the victim” substitute “in relation to which P is entitled to receive information”,

(e) in subsection (3), after “supporter” insert “or, as the case may be, the nominee”,

(f) after subsection (3) insert—

“(3A) An individual ceases to be a nominee if—

(a) the individual withdraws consent to receiving information under subsection (3), or

(b) the Scottish Ministers are made aware that the individual has—

(i) died, or

(ii) become incapable, by reason of mental disorder or inability to communicate, of understanding the information.

(3B) A supporter may withdraw an intimation under subsection (1)(b).

(3C) P may—

(a) withdraw—

(i) an intimation under subsection (1)(a),

(ii) consent to a supporter being given information following an intimation under subsection (1)(b),

(b) make a fresh intimation under subsection (1)(a),

(c) grant consent to a fresh intimation under subsection (1)(b).

(3D) Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not such intimation or consent has been withdrawn.

(3E) The Scottish Ministers must—

(a) where a nominee withdraws consent under subsection (3A)(a), or a supporter withdraws consent under subsection (3B), give notice in writing to—

(i) P that the consent has been withdrawn,

(ii) the nominee or the supporter, as the case may be, that they will not be given information under subsection (3),

(b) where, under subsection (3C), P withdraws an intimation or consent, makes a fresh intimation, or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given information under subsection (3) of that fact.

(3F) Where P is a child—

(a) before P attains the age of 18 years, the Scottish Ministers must contact P to establish how P (after P attains the age of 18 years) wishes to receive the information described in section 16(3),

(b) after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) in relation to P continues to have effect until—

(i) a supporter withdraws consent under subsection (3B), or

(ii) P takes any action mentioned in subsection (3C).”,

(g) for subsection (5), substitute—

“(5) In this section—

• “support services”—

  (a)

  means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of P, and

  (b)

  includes—

  (i)

  providing P with information (including information provided under subsection (3)),

  (ii)

  assisting P with safety planning,

  (iii)

  assisting P with the making of representations under this Part,

• “victim” means the person against whom the offence in relation to which P is entitled to receive information was perpetrated.”.

(3) The title of section 16ZA becomes “Provision of information to person other than victim”.

(4) In section 16D (provision of information concerning offender subject to compulsion order to person supporting victim)—

(a) in subsection (1)(a)—

(i) for “(the “victim”)”, substitute “(“P”)”,

(ii) after “that” insert “either (but not both)”,

(iii) the words from “a person” where it second occurs to the end become sub-paragraph (i),

(iv) in that sub-paragraph, for “the victim” substitute “P”,

(v) after sub-paragraph (i) insert—

“(ii) an individual who is not a supporter (the “nominee”) is to be given, as well as or instead of P, that information and Ministers are satisfied that the nominee consents to being given the information, or”,

(b) in subsection (1)(b), for “the victim” substitute “P”,

(c) after subsection (1) insert—

“(1A) An individual may be a nominee under subsection (1)(a)(ii) only if the individual—

(a) has attained 18 years of age, and

(b) is not the person convicted of the offence in relation to which P is entitled to receive information.”,

(d) in subsection (2)(b), for “the victim” substitute “P”,

(e) in subsection (3), after “supporter” insert “or, as the case may be, the nominee”,

(f) in subsection (4), in both paragraph (a) and (b), after “supporter” insert “or nominee”,

(g) in subsection (6)—

(i) for “the victim”, substitute “P”,

(ii) after “supporter” insert “or nominee”,

(h) after subsection (6) insert—

“(6A) An individual ceases to be a nominee if—

(a) the individual withdraws consent to receiving information under subsection (3),

(b) the Scottish Ministers are made aware that the individual has—

(i) died, or

(ii) become incapable, by reason of mental disorder or inability to communicate, of understanding the information.

(6B) A supporter may withdraw an intimation under subsection (1)(b).

(6C) P may—

(a) withdraw—

(i) an intimation under subsection (1)(a),

(ii) consent to a supporter being given information following an intimation under subsection (1)(b),

(b) make a fresh intimation under subsection (1)(a),

(c) grant consent to a fresh intimation under subsection (1)(b).

(6D) Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not such intimation or consent has been withdrawn.

(6E) The Scottish Ministers must—

(a) where a nominee withdraws consent under subsection (6A)(a), or a supporter withdraws consent under subsection (6B), give notice in writing to—

(i) P that the consent has been withdrawn,

(ii) the nominee or the supporter, as the case may be, that they will not be given information under subsection (3),

(b) where, under subsection (6C), P withdraws an intimation or consent, makes a fresh intimation, or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given information under subsection (3) of that fact.

(6F) Where P is a child—

(a) before P attains the age of 18 years, the Scottish Ministers must contact P to establish how P (after P attains the age of 18 years) wishes to receive information described in section 16C,

(b) after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) in relation to P continues to have effect until—

(i) a supporter withdraws consent under subsection (6B), or

(ii) P takes any action mentioned in subsection (6C).”.

(5) In subsection (7), for “has the same meaning” substitute “and “victim” have the same meanings”.

(6) The title of section 16D becomes “Provision of information concerning offender subject to compulsion order to person other than victim”.

(7) In section 17ZA (release on licence: provision of information to person supporting victim)—

(a) in subsection (1)(a)—

(i) for “(the “victim”)” substitute “(“P”)”,

(ii) for the words from “a person” where it second occurs to the end, substitute “either (but not both)—

(i) a person to whom section 16ZA(2) applies (a “supporter”), or

(ii) an individual who is or may be a nominee under section 16ZA (a “nominee”),

to be informed, as well as or instead of P, before any decision is taken to release the convicted person, or”,

(b) in subsection (1)(b)—

(i) for “the supporter” where it first occurs substitute “a supporter who is entitled to receive information under section 16ZA”,

(ii) for “the victim” substitute “P”,

(c) after subsection (1) insert—

“(1A) But this section applies only if—

(a) in the case of an intimation under subsection (1)(a)(i)—

(i) the supporter is entitled to receive information under section 16ZA, or

(ii) an individual is so entitled by virtue of section 16ZA(1)(a)(ii),

(b) in the case of an intimation under subsection (1)(a)(ii)—

(i) either the nominee or a supporter is entitled to receive information under section 16ZA, and

(ii) the Scottish Ministers are satisfied that the nominee consents to be informed as mentioned in that subsection.”,

(d) in subsection (2)—

(i) for “the victim” substitute “P”,

(ii) after “supporter” insert “or, as the case may be, nominee”,

(e) in subsection (3)—

(i) after “supporter” insert “or nominee”,

(ii) for “the victim” substitute “P”,

(f) after subsection (3) insert—

“(3A) An individual ceases to be a nominee if—

(a) where the individual is also a nominee under section 16ZA, the individual ceases to be a nominee under that section,

(b) the individual withdraws consent to being informed as mentioned in subsection (1)(a)(ii),

(c) the Scottish Ministers are made aware that the individual has—

(i) died, or

(ii) become incapable, by reason of mental disorder or inability to communicate, of understanding the information.

(3B) A supporter may withdraw an intimation under subsection (1)(b).

(3C) P may—

(a) withdraw—

(i) an intimation under subsection (1)(a),

(ii) consent to an intimation under subsection (1)(b),

(b) make a fresh intimation under subsection (1)(a),

(c) grant consent to a fresh intimation under subsection (1)(b).

(3D) Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not the previous intimation or consent has been withdrawn.

(3E) The Scottish Ministers must—

(a) where a nominee withdraws consent under subsection (3A)(b), or a supporter withdraws consent under subsection (3B), give notice in writing to—

(i) P that the consent has been withdrawn,

(ii) the nominee or the supporter, as the case may be, that they will not be informed as mentioned in subsection (1)(a)(ii),

(b) where, under subsection (3C), P withdraws an intimation or consent, or makes a fresh intimation, or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given information under subsection (3) of that fact.

(3F) Where P is a child—

(a) before P attains the age of 18 years, the Scottish Ministers must contact P to establish who P (after P attains the age of 18 years) wishes to be informed before any decision is taken to release the convicted person,

(b) after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) in relation to P continues to have effect until—

(i) a supporter withdraws consent under subsection (3B), or

(ii) P takes any action mentioned in subsection (3C).”.

(8) The title of section 17ZA becomes “Release on licence: provision of information to person other than victim”.

(9) In section 17A (temporary release: victim’s right to make representations about conditions)—

(a) in subsection (1)(a) for “(the “victim”)” substitute “(“P”)”,

(b) in subsection (1)(b), after ““supporter”” insert “or the “nominee””,

(c) in subsections (2), (3), and (4) for “the victim” in each place where it occurs substitute “P”,

(d) in subsection (4)(b), for “the supporter” substitute “any supporter or nominee to be given notice and information under section 17ZA(2) and (3)”.

(10) In section 17B (mentally-disordered offender: victim's right to make representations), after subsection (5), insert—

“(5A) The Scottish Ministers must fix a time within which representations under subsection (1) require to be made to them if they are to be considered by them, and they must notify V accordingly.”.

(11) After section 17B, insert—

“17BA Right to make representations in respect of mentally-disordered offender: provision of information to person other than victim

(1) This section applies where—

(a) a person entitled to be afforded an opportunity to make representations under section 17B (“P”) intimates that they wish either (but not both)—

(i) a person to whom section 17DA(2) applies (a “supporter”), or

(ii) an individual who is or may be a nominee under section 17DA (a “nominee”),

to be informed as well as or instead of P before any decision described in section 17B(1)(a) or (b) is taken, or

(b) a supporter who is entitled to receive information under section 17DA intimates that they wish to be so informed and the Scottish Ministers are satisfied that P consents to the supporter being so informed.

(2) But this section applies only if—

(a) in the case of an intimation under subsection (1)(a)(i)—

(i) the supporter is entitled to receive information under section 17DA, or

(ii) an individual is so entitled by virtue of section 17DA(1)(a)(ii),

(b) in the case of an intimation under subsection (1)(a)(ii)—

(i) either the nominee or a supporter is entitled to receive information under section 17DA, and

(ii) the Scottish Ministers are satisfied that the nominee consents to be informed as mentioned in that subsection.

(3) The Scottish Ministers must, whether or not P has intimated the wish to be afforded the opportunity to make representations under section 17B(1), give the supporter or, as the case may be, nominee, notice as mentioned in section 17B(5A).

(4) The Scottish Ministers need not give notice under subsection (3) where subsection 17B(6) applies.

(5) An individual ceases to be a nominee if—

(a) where the individual is also a nominee under section 17DA, the individual ceases to be a nominee under that section,

(b) the individual withdraws consent to being informed as mentioned in subsection (1)(a),

(c) the Scottish Ministers are made aware that the individual has—

(i) died, or

(ii) become incapable, by reason of mental disorder or inability to communicate, of understanding the information.

(6) A supporter may withdraw an intimation under subsection (1)(b).

(7) P may—

(a) withdraw—

(i) an intimation under subsection (1)(a),

(ii) consent to an intimation under subsection (1)(b),

(b) make a fresh intimation under subsection (1)(a),

(c) grant consent to a fresh intimation under subsection (1)(b).

(8) Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not the previous intimation or consent has been withdrawn.

(9) The Scottish Ministers must—

(a) where a nominee withdraws consent under subsection (5)(b), or a supporter withdraws consent under subsection (6), give notice in writing to—

(i) P that the consent has been withdrawn,

(ii) the nominee or the supporter, as the case may be, that they will not be informed as mentioned in subsection (1)(a) or, as the case may be, (b),

(b) where, under subsection (7), P withdraws an intimation or consent, makes a fresh intimation or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given notice under subsection (3) of that fact.

(10) Where P is a child—

(a) before P attains the age of 18 years, the Scottish Ministers must contact P to establish who P (after P attains the age of 18 years) wishes to be informed before any decision described in section 17B(1)(a) or (b) is taken,

(b) after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) continues to have effect until—

(i) a supporter withdraws consent under subsection (6), or

(ii) P takes any action mentioned in subsection (7).”.

(12) In section 17DA (section 17B decision: provision of information to person supporting victim)—

(a) in subsection (1)(a)—

(i) for “(the “victim”)” substitute “(“P”)”,

(ii) after “that” insert “either (but not both)”,

(iii) the words from “a person” where it second occurs to the end become sub-paragraph (i),

(iv) in that sub-paragraph, for “the victim” substitute “P”,

(v) after sub-paragraph (i) insert—

“(ii) an individual who is not a supporter (the “nominee”) is to be given, as well as or instead of P, that information and the Scottish Ministers are satisfied that the nominee consents to being given the information, or”,

(b) in subsection (1)(b), for “the victim” substitute “P”,

(c) after subsection (1) insert—

“(1A) An individual may be a nominee under subsection (1)(a)(ii) only if the individual—

(a) has attained 18 years of age, and

(b) is not the person convicted of the offence in relation to which P is entitled to receive information.”,

(d) in subsection (2)(b), for “the victim” substitute “P”,

(e) in subsection (3), after “supporter” insert “or, as the case may be, the nominee”,

(f) in subsection (4)(a), after “supporter” insert “or nominee”,

(g) in subsection (5)—

(i) in paragraph (a), after “supporter” insert “or nominee”,

(ii) in paragraph (b), after “supporter” in both places where it occurs insert “or nominee”,

(h) after subsection (5) insert—

“(5A) An individual ceases to be a nominee if—

(a) the individual withdraws consent to receiving information under subsection (3) or (5),

(b) the Scottish Ministers are made aware that the individual has—

(i) died, or

(ii) become incapable, by reason of mental disorder or inability to communicate, of receiving the information.

(5B) A supporter may withdraw an intimation under subsection (1)(b).

(5C) P may—

(a) withdraw—

(i) an intimation under subsection (1)(a),

(ii) consent to an intimation under subsection (1)(b),

(b) make a fresh intimation under subsection (1)(a),

(c) grant consent to a fresh intimation under subsection (1)(b).

(5D) Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not the previous intimation or consent has been withdrawn.

(5E) The Scottish Ministers must—

(a) where a nominee withdraws consent under subsection (5A)(a), or a supporter withdraws consent under subsection (5B), give notice in writing to—

(i) P that the consent has been withdrawn,

(ii) the nominee or supporter, as the case may be, that they will not be given information under subsection (3) or (5),

(b) where, under subsection (5C), P withdraws an intimation or consent, makes a fresh intimation, or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given information under subsection (3) or (5) of that fact.

(5F) Where P is a child—

(a) before P attains the age of 18 years, the Scottish Ministers must contact P to establish how P (after P attains the age of 18 years) wishes to be informed that a decision under section 17B has been taken,

(b) after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) in relation to P continues to have effect until—

(i) a supporter withdraws consent under subsection (5B), or

(ii) P takes any action mentioned in subsection (5C).”.

(13) The title of section 17DA becomes “Section 17B decision: provision on information to person other than victim”.

(14) In section 17E (information sharing in respect of mentally-disordered offenders)—

(a) in subsection (1), after “supporter” insert “or, as the case may be, a nominee”,

(b) in subsection (3), after “supporter” insert “or nominee”,

(c) in subsection (6), for “is” substitute “and “nominee” are”.

(15) In section 18A (interpretation of Part)—

(a) in subsection (3), after “supporter” insert “or nominee”,

(b) in subsection (5), for “is” substitute “and “nominee” are”.

Schedule 4 Sexual offences

(introduced by section 71)

Part 1 Crimes at common law

Crimes at common law

1 Rape.

2 Clandestine injury to woman.

3 Abduction of woman or girl with intent to rape.

4 Assault with intent to rape or ravish.

5 Indecent assault.

6 Lewd, indecent or libidinous behaviour or practices.

7 Sodomy, unless every person involved in the offence was 16 or over and was a willing participant.

Part 2 Statutory offences

Offences under the Mental Health (Scotland) Act 1984

8 An offence under any of the following provisions of the Mental Health (Scotland) Act 1984—

(a) section 106 (protection of mentally handicapped females),

(b) section 107 (protection of patients).

Offences under the Criminal Law (Consolidation) (Scotland) Act 1995

9 An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

(a) section 1 (incest),

(b) section 2 (intercourse with a stepchild),

(c) section 3 (intercourse of person in position of trust with child under 16),

(d) section 5 (intercourse with girl under 16),

(e) section 6 (indecent behaviour towards girl between 12 and 16),

(f) section 8 (abduction of girl under 18 for purposes of unlawful intercourse),

(g) section 10 (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16).

Offence under the Sexual Offences (Amendment) Act 2000

10 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).

Offences under the Mental Health (Care and Treatment) (Scotland) Act 2003

11 An offence under any of the following provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003—

(a) section 311(1) (non-consensual sexual acts),

(b) section 311(3) (persons providing care services: sexual offences).

Offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005

12 An offence under section 1 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (female genital mutilation).

Offences under the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

13 An offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005—

(a) section 1 (meeting a child following certain preliminary contact),

(b) section 9 (paying for sexual services of a child),

(c) section 10 (causing or inciting provision by child of sexual services or child pornography),

(d) section 11 (controlling a child providing sexual services or involved in pornography),

(e) section 12 (arranging or facilitating provision by child of sexual services or child pornography).

Offences under the Sexual Offences (Scotland) Act 2009

14 (1) An offence under any of the following provisions of Part 1 of the Sexual Offences (Scotland) Act 2009 (rape etc.)—

(a) section 1 (rape),

(b) section 2 (sexual assault by penetration),

(c) section 3 (sexual assault),

(d) section 4 (sexual coercion),

(e) section 5 (coercing a person into being present during a sexual activity),

(f) section 6 (coercing a person into looking at a sexual image),

(g) section 7(1) (communicating indecently),

(h) section 7(2) (causing a person to see or hear an indecent communication),

(i) section 8 (sexual exposure),

(j) section 9 (voyeurism),

(k) section 11 (administering a substance for a sexual purpose).

(2) An offence under any of the following provisions of Part 4 of the Sexual Offences (Scotland) Act 2009 (children)—

(a) section 18 (rape of a young child),

(b) section 19 (sexual assault on a young child by penetration),

(c) section 20 (sexual assault on a young child),

(d) section 21 (causing a young child to participate in a sexual activity),

(e) section 22 (causing a young child to be present during a sexual activity),

(f) section 23 (causing a young child to look at a sexual image),

(g) section 24(1) (communicating indecently with a young child),

(h) section 24(2) (causing a young child to see or hear an incident communication),

(i) section 25 (sexual exposure to a young child),

(j) section 26 (voyeurism towards a young child),

(k) section 28 (having intercourse with an older child),

(l) section 29 (engaging in penetrative sexual activity with or towards an older child),

(m) section 30 (engaging in sexual activity with or towards an older child),

(n) section 31 (causing an older child to participate in a sexual activity),

(o) section 32 (causing an older child to be present during a sexual activity),

(p) section 33 (causing an older child to look at a sexual image),

(q) section 34(1) (communicating indecently with an older child),

(r) section 34(2) (causing an older child to see or hear an indecent communication),

(s) section 35 (sexual exposure to an older child),

(t) section 36 (voyeurism towards an older child),

(u) section 37(1) (engaging while an older child in sexual conduct with or towards another older child),

(v) section 37(4) (engaging while an older child in consensual sexual conduct with another older child).

(3) An offence under any of the following provisions of Part 5 of the Sexual Offences (Scotland) Act 2009—

(a) section 42 (sexual abuse of trust),

(b) section 46 (sexual abuse of trust of a mentally disordered person).

(4) Any of the following offences set out in schedule 3 of the Sexual Offences (Scotland) Act 2009—

(a) abduction with intent to commit rape under section 1 (rape),

(b) abduction with intent to commit rape under section 18 (rape of a young child),

(c) assault with intent to commit rape under section 1 (rape),

(d) assault with intent to commit rape under section 18 (rape of a young child).

Offence under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016

15 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).

Offence under the Domestic Abuse (Scotland) Act 2018

16 An offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018 (abusive behaviour towards partner or ex-partner), where it is apparent from the offence as charged in the indictment that there was a substantial sexual element present in the alleged commission of the offence.

Offences under the Health and Care Act 2022

17 An offence under any of the following provisions of the Health and Care Act 2022—

(a) section 140 (virginity testing),

(b) section 141 (offering to carry out virginity testing),

(c) section 142 (aiding or abetting etc. a person to carry out virginity testing),

(d) section 152 (hymenoplasty),

(e) section 153 (offering to carry out hymenoplasty),

(f) section 154 (aiding or abetting etc. a person to carry out hymenoplasty).

Schedule 5 Minor and consequential modifications

(introduced by section 115)

Legal Aid (Scotland) Act 1986

1 (1) The Legal Aid (Scotland) Act 1986 is amended as follows.

(2) In section 21, subsection (1), paragraph (a), after sub-paragraph (i) insert—

“(iza) the Sexual Offences Court;”.

(3) In section 21, after subsection (4), insert—

“(5) Where an accused in the Sexual Offences Court applies for representation by junior counsel (without senior counsel), and the Scottish Legal Aid Board is satisfied, based on the information available, that if the accused is convicted there is a reasonable expectation that the court will impose—

(a) a custodial sentence in excess of 5 years, or

(b) a risk assessment order under section 210B of the Criminal Procedure (Scotland) Act 1995,

then representation by junior counsel (without senior counsel) is to be treated as appropriate for the purposes of subsection (4)(a).”.

(4) In section 22, subsection (1), after paragraph (de), insert—

“(df) where a solicitor has been appointed under section 92(2) of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (prohibition on personal conduct of defence) to conduct the accused’s case in the Sexual Offences Court,”.

Judiciary and Courts Scotland Act 2008

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

(2) In section 2, subsection (2A), after “President of the Sheriff Appeal Court”, insert “or the President of the Sexual Offences Court,”.

(3) In section 2, subsection (6), after paragraph (b) insert—

“(ba) the Sexual Offences Court,”.

(4) In section 34, subsection (1), after “judicial office holder” insert “(other than a Judge of the Sexual Offences Court)”.

(5) In section 35, after subsection (2), insert—

“(2A) Where the person holds office as a Judge of the Sexual Offences Court in addition to a judicial office to which this section applies, reference in subsection (1) to inability, neglect of duty or misbehaviour includes any such inability, neglect of duty or misbehaviour relating to the office of Judge of the Sexual Offences Court.”.

(6) In section 43, subsection (2), after paragraph (ca), insert—

“(cb) the office of Judge of the Sexual Offences Court,”.

(7) In section 62, subsection (1), after paragraph (b), insert—

“(bza) the President of the Sexual Offences Court in the carrying out of functions under section 78 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025,”.

Courts Reform (Scotland) Act 2014

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

(2) In section 21, after subsection (3), insert—

“(3A) Where the person holds office as Judge of the Sexual Offences Court in addition to a judicial office to which this section applies, reference in subsection (1) to inability, neglect of duty or misbehaviour includes any such inability, neglect of duty or misbehaviour relating to the office of Judge of the Sexual Offences Court.”.

(3) In schedule 1 (civil proceedings in relation to which summary sheriff has competence), after paragraph 4A, insert—

Orders dispensing with restriction on publications relating to child victims

4B Proceedings under section 106B of the Criminal Justice (Scotland) Act 2016.”.