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

3 Civil function

(1) The Scottish Ministers may, by regulations, amend the Commissioner’s general function to include the civil function.

(2) The civil function is to promote and support the rights and interests of persons involved in proceedings other than criminal proceedings.

(3) Regulations under subsection (1) may, in particular—

(a) contain a definition, for the purposes of the civil function, of—

(i) proceedings other than criminal proceedings,

(ii) persons involved in proceedings other than criminal proceedings,

(b) provide for the exercise of the civil function to include—

(i) engagement, in such manner as the Commissioner considers appropriate, with persons involved in proceedings other than criminal proceedings or providing support to persons involved in such proceedings,

(ii) taking such steps as the Commissioner considers appropriate to raise awareness of and promote the interests of persons involved in proceedings other than criminal proceedings,

(iii) promoting best practice, in particular trauma-informed practice, by persons involved in the administration and management of proceedings other than criminal proceedings and by persons providing support to persons involved in such proceedings,

(iv) undertaking and commissioning research in order to include information relating to the exercise of the civil function within the annual report under section 18,

(v) undertaking and commissioning research in order to make recommendations, in relation to any matter relevant to the civil function, to persons involved in the administration and management of proceedings other than criminal proceedings and persons that provide support to persons involved in such proceedings,

(c) modify this Part to include within the Commissioner’s functions and powers—

(i) persons involved in proceedings other than criminal proceedings,

(ii) the administration and management of proceedings other than criminal proceedings and persons involved in such administration and management,

(iii) persons providing support to persons involved in proceedings other than criminal proceedings.

(4) Regulations under subsection (1) may—

(a) make any incidental, supplementary, consequential, transitional, transitory or saving provision the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to this section,

(b) modify this Part (including schedules 1 and 2).