Part 3Victims’ rights to receive information and to give views

42Powers to modify information to be given and right to make representations

(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), in subsection (4)(b)—

(a)

for “amend” substitute “modify”,

(b)

after “adding” insert “, amending or repealing”.

(3)

In section 17A (temporary release: victim’s right to make representations about conditions), after subsection (4), insert—

“(5)

The Scottish Ministers may, by regulations, modify this section to—

(a)

prescribe occasions, in addition to or instead of the first occasion on which the convicted person is entitled to be considered for temporary release, on which P is to be afforded the opportunity to make written representations under subsection (2),

(b)

provide that P is to be afforded the opportunity to make written representations under subsection (2) where the convicted person is a child and the local authority—

(i)

intends to review the case under section 44(6)(b) of the 1995 Act and considers that such review might result in the release of the child in accordance with sub-paragraph (i) of that paragraph,

(ii)

has carried out such a review and intends to release the child in accordance with section 44(6)(b)(i), where P was not afforded the opportunity to make representations by virtue of sub-paragraph (i),

(c)

prescribe matters in relation to the temporary release of the convicted person, in addition to conditions, about which P is to be afforded the opportunity to make written representations under subsection (2).

(6)

Regulations under subsection (5)—

(a)

may prescribe the meaning of “temporary release” for the purposes of this section,

(b)

may prescribe occasions by reference to—

(i)

a specific numerical instance of eligibility for consideration for temporary release,

(ii)

the form, purpose or circumstances of the proposed temporary release,

(iii)

such other matters as the Scottish Ministers consider appropriate,

(c)

may provide that subsection (2) does not apply in relation to consideration for—

(i)

temporary release in such form or circumstances, or for such purpose, as the Scottish Ministers consider appropriate, whether or not arising on the first occasion on which the convicted person is eligible to be considered for temporary release,

(ii)

a subsequent grant of temporary release where the form, purpose and circumstances of the proposed release are substantially the same as in relation to the previous grant,

(d)

may specify circumstances in which, subject to such conditions as may be specified in the regulations—

(i)

the Scottish Ministers,

(ii)

the governor of the prison within which the convicted person is detained, or

(iii)

as the case may be, the local authority,

may choose not to allow representations to be made under subsection (2),

(e)

may make provision that, in specified circumstances (and provided P has notified the Scottish Ministers that P wishes to be afforded an opportunity to make representations under subsection (2), but whether or not such representations have been made) the Scottish Ministers must inform P—

(i)

as to whether the person released is to comply with conditions,

(ii)

if any such conditions relate to contact with the victim of the offence in relation to which P is entitled to receive information, or members of the victim’s family.

(7)

In this section, “governor” means—

(a)

an officer of the prison entitled, by virtue of rules made under section 39 of the Prisons (Scotland) Act 1989 (“prison rules”), to make decisions about the temporary release of a prisoner,

(b)

in the case of a contracted out prison a person, appointed for the prison under section 107(1) of the Criminal Justice and Public Order Act 1994, entitled to make decisions about the temporary release of a prisoner by virtue of the application of prison rules to contracted out prisons.”.

(4)

In section 17B, after subsection (6), insert—

“(7)

The Scottish Ministers may, by regulations, amend this section to—

(a)

prescribe occasions, in addition to the first occasion, before which a decision of a type described in subsection (4) or (5)(a) is taken in relation to O in respect of which V must be afforded an opportunity to make representations under subsection (1),

(b)

specify circumstances in which, subject to such conditions as may be specified in the regulations, the Scottish Ministers may choose not to allow representations to be made under subsection (2).”.

(5)

In section 18B (power to modify part) in subsection (1)(b), after “adding” insert “, amending or repealing”.

(6)

In section 88(2)(a), after “16B(7)” (as inserted by paragraph 1(5)(a) of schedule 3) insert “, 17A(5), 17B(7)”.