Part 1

Victims and Witnesses Commissioner for Scotland

Investigations

Investigations: witnesses and documents
13
1
The Commissioner may require any person to—
a
give evidence on any matter within the terms of reference of an investigation,
b
produce documents in the custody or control of that person which have a bearing on any such matter.
2
The Commissioner may not impose a requirement under subsection (1) on any person whom the Parliament could not require, under section 23 of the Scotland Act 1998, to attend its proceedings for the purpose of giving evidence or to produce documents.
3
A person is not obliged under this section to answer any question or produce any document which that person would be entitled to refuse to answer or produce in proceedings in a court in Scotland.
4
A representative of the Crown Office and Procurator Fiscal Service is not obliged under this section to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if the Lord Advocate—
a
considers that answering the question or producing the document might prejudice criminal proceedings in that case or would otherwise be contrary to the public interest, and
b
has authorised the representative to decline to answer the question or produce the document on that ground.
5
The Scottish Ministers may, by regulations, make further provision in relation to the giving of evidence or the production of documents under subsection (1).
6
In subsection (4), a “representative of the Crown Office and Procurator Fiscal Service” means—
a
Crown Counsel,
b
a procurator fiscal,
c
a person employed in the Crown Office and Procurator Fiscal Service,
d
any person duly authorised to represent or act for the persons mentioned in paragraphs (a) to (c).