Part 1Victims and Witnesses Commissioner for Scotland
Interpretation of Part
25Interpretation of Part
(1)
In this Part (including schedule 1)—
“Commissioner” means the Victims and Witnesses Commissioner for Scotland,
“criminal justice body” means—
(a)
the Lord Advocate,
(b)
the Scottish Ministers,
(c)
the chief constable of the Police Service of Scotland,
(d)
the Scottish Courts and Tribunals Service,
(e)
the Parole Board for Scotland,
“harmful behaviour by a child” means action or behaviour by a child aged under 12 which falls within section 179A(2) of the Children’s Hearings (Scotland) Act 2011,
“offence”—
(a)
includes—
- (i)
any offence, regardless of whether it is committed, or suspected to have been committed, before or after this section comes into force,
- (ii)
conduct which would constitute an offence, whether or not a person has been charged with or convicted of an offence in relation to that conduct,
(b)
does not include conduct by a child in respect of which the child has been referred to a children’s hearing,
“Parliamentary corporation” means the Scottish Parliamentary Corporate Body,
“prescribed relative” means a relative prescribed by the Scottish Ministers by an order made under section 2(6) or 6(2)(b) of the 2014 Act,
“victim” means a person to whom one or more of the following applies—
(a)
an offence, or harmful behaviour by a child, has been, or is suspected to have been, committed or carried out against or in respect of the person,
(b)
the person has suffered harm as a direct result of having seen, heard, or otherwise directly experienced the effects of an offence, or harmful behaviour by a child, at the time the offence or harmful behaviour occurred,
(c)
the person is entitled to receive information under section 16 or 16A of the Criminal Justice (Scotland) Act 2003,
(d)
the person is a prescribed relative of—
- (i)
a person against or in respect of whom an offence, or harmful behaviour by a child, has been, or is suspected to have been, committed or carried out,
- (ii)
a person who has died as a direct result of an offence, or harmful behaviour by a child,
“victim support services” has the meaning given by section 3D(5) of the 2014 Act,
“witness” means a person who is or appears to be a witness in respect of an offence, or harmful behaviour by a child.
(2)
The Scottish Ministers may, by regulations—
(a)
modify the list in the definition of “criminal justice body” in subsection (1) to add, vary or remove entries,
(c)
make any other modification to subsection (1) which the Scottish Ministers consider necessary or expedient in consequence of modifications made by virtue of paragraph (b).