Part 3Victims’ rights to receive information and to give views
33Victim’s right to information about plea agreements, etc.
(1)
The 2014 Act is amended as follows.
(2)
“6ADisclosure of information about plea agreements, etc.
(1)
This section applies where, in solemn proceedings, a person mentioned in subsection (2) (a “victim”) has indicated to the prosecutor that they wish to be informed where one or more of the following events has, as a result of agreement between the prosecutor and the accused, occurred—
(a)
a relevant charge libelled in the indictment has been amended and the prosecutor has accepted a guilty plea to that charge,
(b)
the prosecutor has accepted a plea of not guilty to a relevant charge.
(2)
The person is—
(a)
a natural person against whom an offence libelled in the indictment is alleged to have been committed, or
(b)
in a case where the death of a person mentioned in paragraph (a) was (or appears to have been) caused by the offence or alleged offence, a prescribed relative of the person.
(3)
The prosecutor must inform the victim of the event mentioned in paragraph (a) or (b) of subsection (1)—
(a)
as soon as reasonably practicable after the event has occurred, or
(b)
where the prosecutor considers it is in the interests of justice, as soon as reasonably practicable after the proceedings have been substantively concluded.
(4)
In this section—
“prescribed relative” means a person prescribed by the Scottish Ministers for the purposes of section 6(2)(b),
“prosecutor” means the Lord Advocate, Crown Counsel or the procurator fiscal (and any person duly authorised to represent or act for them),
“relevant charge” means a charge relating to an offence alleged to have been committed against the person mentioned in subsection (2)(a),
“substantively concluded”, in relation to criminal proceedings, means whichever is the earlier of—
(a)
the accused being convicted or, as the case may be, acquitted in relation to all charges, or all charges remaining, in the indictment, or
(b)
the proceedings otherwise being finally disposed of.
(5)
The Scottish Ministers may by regulations modify this section to provide for its application in summary proceedings.
(6)
Regulations under subsection (5)—
(a)
may include incidental, supplementary, consequential, transitional, transitory or saving provision,
(b)
may make different provision for different purposes,
(c)
are subject to the affirmative procedure.”.