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

Prospective

45 Victim’s right to receive information concerning offender subject to compulsion order by virtue of cross-border transfer S

(1) The Criminal Justice (Scotland) Act 2003 is amended as follows.

(2) In section 16A (victim’s right to receive information concerning offender subject to compulsion order)—

(a) in subsection (1)(b)—

(i) the words from “has” to the end become sub-paragraph (i),

(ii) after sub-paragraph (i) insert “or

(ii) is a person to whom subsection (1A) or (1B) applies,”,

(b) after subsection (1), insert—

“(1A) This subsection applies to a person who—

(a) has been received in Scotland in accordance with regulations made under section 290 of the Mental Health Act, and

(b) is treated as subject to a compulsion order and a restriction order by virtue of having been made subject to corresponding measures in proceedings in respect of the offence mentioned in subsection (1)(a) in the place from which the person was transferred.

(1B) This subsection applies to a person who—

(a) has been made subject to a compulsion order and a restriction order in proceedings in respect of the offence mentioned in subsection (1)(a),

(b) has been removed from Scotland in accordance with regulations made under section 290 of the Mental Health Act,

(c) has been made subject to corresponding measures, as described in section 290(8) of the Mental Health Act, in the place to which O has been removed,

(d) has been subsequently received in Scotland in accordance with regulations made under section 290 of the Mental Health Act, and

(e) is treated as subject to a compulsion order and a restriction order by virtue of having been subject to corresponding measures in relation to the orders mentioned in paragraph (a).”.

(3) In section 16C (information to be given under section 16A), in subsection (2)—

(a) in paragraph (f), after “Scotland” insert “and, unless the Scottish Ministers have cause to believe that it would not be in the interests of justice to provide such information, the jurisdiction to which O is subject as a result”,

(b) after paragraph (f), insert—

“(fa) where O was previously transferred to a place outwith Scotland, that O has been returned to Scotland and section 16A(2) applies by virtue of section 16A(1B),”.

(4) After section 16D, insert—

“16E Rights under section 16A where offender subject to compulsion order is transferred outwith Scotland

(1) Subsection (2) applies where a person (“O”) is transferred to a place outwith Scotland in accordance with regulations made under section 290 of the Mental Health Act.

(2) Section 16A(2) ceases to apply in relation to O on the day on which the Scottish Ministers notify, in accordance with section 16C(2)(f), a person who has asked to be given information about O (“P”) under section 16A that O has been so transferred.

(3) When a transfer described in subsection (1) takes place, the Scottish Ministers must, when notifying P of the information set out in section 16C(2)(f), also notify P—

(a) that, by virtue of the transfer, no further information will fall to be given under section 16A unless O is transferred back to Scotland and subsection 16A(2) applies by virtue of 16A(1B),

(b) that P may be entitled to receive information about O from the jurisdiction to which O is subject as a result of the transfer (“the receiving jurisdiction”),

(c) of such other information as is reasonably available to the Scottish Ministers as to the availability of information for victims of crime in the receiving jurisdiction.

(4) Where a person (“the applicant”) asks to be given information under section 16A, and O has been transferred as described in subsection (1), the Scottish Ministers must inform the applicant—

(a) that O has been so transferred, and the jurisdiction to which O is subject as a result,

(b) that the applicant does not have the right to receive information under section 16A during such time as O is not subject, or treated as subject, to a compulsion order and a restriction order in Scotland,

(c) that if O is returned to Scotland and section 16A(1B) applies—

(i) the applicant will be notified of the information in section 16C(2)(fa),

(ii) beginning with the date on which the transfer back to Scotland takes place, section 16A will apply,

(d) that the applicant may be entitled to receive information about O from the receiving jurisdiction,

(e) of such other information as is reasonably available to the Scottish Ministers as to the availability of information for victims of crime in the receiving jurisdiction.

16F Rights under section 16A where a person is transferred to Scotland other than by virtue of regulations made under section 290 of the Mental Health Act

(1) This section applies where a person (“O”)—

(a) has been received in Scotland other than by virtue of regulations made under section 290 of the Mental Health Act,

(b) was subject to measures equivalent to a compulsion order and a restriction order in the jurisdiction from which O was transferred (“the transferring jurisdiction”) in respect of an offence, and

(c) is made subject, or treated as subject, to a compulsion order and a restriction order by virtue of having been subject to those equivalent measures.

(2) The Scottish Ministers may—

(a) give to the transferring jurisdiction information about the rights of persons to receive information under this Part,

(b) request that the transferring jurisdiction give that information to any person who would qualify to receive information under section 16A if O had been made subject to a compulsion order and a restriction order in Scotland in proceedings in respect of an offence,

(c) request from the transferring jurisdiction the details of any person who would so qualify and, if received, use reasonable endeavours to notify that person of their right to receive information under this Part.

(3) Section 16A applies in relation to O in accordance with subsection (4).

(4) Section 16A(2) has effect as if—

(a) O had been made subject to a compulsion order and a restriction order in Scotland,

(b) after “Ministers” there were inserted “use reasonable endeavours to”.”.

(5) In section 18B (power to modify Part), after subsection (3), insert—

“(4) The Scottish Ministers may by order amend section 16A so that information may be given under that section where—

(a) a person has been received in Scotland in accordance with regulations made under section 290(1)(c) of the Mental Health Act, and

(b) by virtue of having been subject to corresponding measures, as described in section 290(8) of the Mental Health Act, in the place from which the person was received where an order has been made under subsection (2) which would allow information to be given under section 16A had the person been made subject to a compulsion order in Scotland, that person is treated as subject to a compulsion order.”.

Commencement Information

I1 S. 45 not in force at Royal Assent, see s. 116(2)