Part 3

Victims’ rights to receive information and to give views

Provision of information where victim is a child
38
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
after subsection (4) insert—
4A
If the victim is a child, then subsection (1) applies as if references in it to the victim were references to the victim and to a person who cares for the victim.
4B
Where an intimation is made under subsection (1) by a victim who is a child or, by virtue of subsection (4A), by a person who cares for the victim, the Scottish Ministers must determine whether the information should be provided to—
a
the victim,
b
the victim and the person who cares for the victim,
c
the person who cares for the victim, or
d
another person over the age of 18 years with a relationship to the victim,
but only if the Scottish Ministers are satisfied that the person consents to being given the information.
4C
When making a determination under subsection (4B), the Scottish Ministers must have regard to—
a
the victim’s age and maturity,
b
any views expressed by the victim, and
c
the best interests of the victim.
4D
When making a determination under subsection (4B), the Scottish Ministers must also have regard to the code of practice issued under section 18ZA.
4E
The Scottish Ministers may—
a
review a determination made under subsection (4B)—
i
of their own accord, or
ii
at the request of the victim or the other person (if any) to whom the determination relates,
b
following a review, make a new determination under subsection (4B).
4F
Where a determination has been made under subsection (4B)—
a
before the victim attains the age of 18 years, the Scottish Ministers must contact the victim to establish how the victim wishes to receive information under this section after they attain the age of 18 years,
b
after the victim attains the age of 18 years, the most recent determination made under subsection (4B) in relation to the victim continues to have effect until a new intimation under subsection (1) is made.
,
b
for subsection (8) substitute—
8
In this section, the expression “cares for” is to be construed in accordance with the definition of “someone who cares for” in paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010.
.
3
In section 16B (person entitled to ask to be given information under section 16A)—
a
in subsection (1), after paragraph (c) insert—
d
if V is a child, the person who cares for V.
,
b
subsection (2) is repealed,
c
after subsection (2) insert—
2A
Where V is a child and V or the person who cares for V has asked to be given information under section 16A, the Scottish Ministers must determine whether the information should be provided to—
a
V,
b
V and the person who cares for V,
c
the person who cares for V, or
d
another person over the age of 18 years with a relationship to V,
but only if the Scottish Ministers are satisfied that the person consents to being given the information.
2B
When making a determination under subsection (2A), the Scottish Ministers must have regard to—
a
V’s age and maturity,
b
any views expressed by V, and
c
the best interests of V.
2C
When making a determination under subsection (2A), the Scottish Ministers must also have regard to the code of practice issued under section 18ZA.
2D
The Scottish Ministers may—
a
review a determination made under subsection (2A)—
i
of their own accord, or
ii
at the request of V or the other person (if any) to whom the determination relates,
b
following a review, make a new determination under subsection (2A).
2E
Where a determination has been made under subsection (2A)—
a
before V attains the age of 18 years, the Scottish Ministers must contact V to establish how V wishes to receive information under section 16A after they attain the age of 18 years,
b
after V attains the age of 18 years, the most recent determination made under subsection (2A) in relation to V continues to have effect until a new intimation under section 16A(1) is made.
.
4
In section 17 (release on licence: right of victim to receive information and make representations)—
a
in subsection (1), for “(the “victim”)” substitute “(“P”)”,
b
in subsection (2), for “the victim” substitute “P”,
c
in subsection (5), for “the victim” substitute “P”,
d
in subsection (6),
i
in paragraph (a), for “the victim” substitute “P”,
ii
in paragraph (b), for “the victim” substitute “P”,
iii
in paragraph (c)—
A
in both places it occurs, for “the victim” substitute “P”,
B
for “the victim’s” substitute “P’s”,
iv
in the closing words, for “the victim” substitute “P”,
e
in subsection (8), for “the victim” substitute “P”,
f
in subsection (9), for “the victim” substitute “P”,
g
in subsection (10), for “the victim” substitute “P”,
h
in subsection (11), for “the victim” substitute “P”.
5
In section 17A (temporary release: victim's right to make representations about conditions), in subsection (1)(a), after “(1)” insert “, (4B)”.
S. 38 not in force at Royal Assent, see s. 116(2)