Part 3

Victims’ rights to receive information and to give views

Victim notification and right to make representations where offender is a child
37
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in subsection (1), paragraph (c) and the “or” immediately preceding it are repealed,
b
subsection (2) is repealed,
c
in subsection (3)(a), for “or the 1993 Act” substitute “, the 1993 Act or the 1995 Act”,
d
after subsection (3)(d) insert—
da
that the local authority intends to review for the first time the case of the convicted person under section 44(6)(b) of the 1995 Act,
,
e
in subsection (3)(e)—
i
after “prison,” insert “a”,
ii
for “or hospital” substitute “, secure accommodation or a hospital”,
f
in subsection (3)(f)(ii)—
i
after “prison,” insert “a”,
ii
for “or hospital” substitute “, secure accommodation or a hospital”.
3
In section 16ZA (provision of information to person supporting victim), subsection (4) is repealed.
4
In section 16A(1) (victim’s right to receive information concerning offender subject to compulsion order)—
a
in paragraph (b) (as amended by section 45(2)(a)), at the end, insert “and”,
b
paragraph (d), and the word “and” immediately preceding it, are repealed.
5
In section 16D (provision of information concerning offender subject to compulsion order to person supporting victim), subsection (5) is repealed.
6
In section 17 (release on licence: right of victim to receive information and make representations)—
a
in subsection (1)—
i
in the opening words, the words “, (3)” are repealed,
ii
in paragraph (b), after “imprisonment” insert “or detention without limit of time”,
b
subsection (3) is repealed.
7
In section 17ZA, subsection (4) is repealed.
8
After section 17A, insert—

Release under section 44 of the 1995 Act: victim’s right to make representations
17AA
1
This section applies where a person (“P”) is entitled to receive information under section 16, or a supporter or nominee is entitled to receive information under section 16ZA, as respects a child who has been detained and—
a
that child is due to be released by virtue of section 44(6)(a) of the 1995 Act, or
b
the local authority—
i
intends to review the case of that child under section 44(6)(b) of the 1995 Act, and
ii
considers that such review might result in the release of the child in accordance with sub-paragraph (ii) of that paragraph.
2
Where the child is due to be released by virtue of section 44(6)(a) of the 1995 Act, P must be afforded the opportunity to make written representations as to the supervision requirements or conditions which might be specified in relation to such release.
3
Where the local authority intends to review the case of the child under section 44(6)(b) of the 1995 Act, and considers that the review might result in release of the child in accordance with sub-paragraph (ii) of that paragraph, P must be afforded the opportunity to make written representations as to—
a
the potential release of the child,
b
supervision requirements or conditions which might be specified in relation to such release.
4
Subsections (2) and (3) apply only if P has notified the Scottish Ministers that P wishes to be given the opportunity to make representations under the relevant subsection.
5
The Scottish Ministers must—
a
fix a time within which any written representations under subsection (2) or (3) require to be made to them in order to be considered by them or the local authority, and
b
notify P and any supporter or nominee entitled to receive information under section 16ZA of the time fixed.
.
9
In section 18A (interpretation of Part), in subsection (1), after the definition of “restricted transfer” (as inserted by section 40) insert—
- “secure accommodation” has the meaning given by section 202(1) of the Children’s Hearings (Scotland) Act 2011,
.