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Victims, Witnesses, and Justice Reform (Scotland) Act 2025
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8Restriction on exercise of functions
(1)The Commissioner may not exercise any function in relation to an individual case.
(2)But subsection (1) does not prevent the Commissioner considering individual cases and drawing conclusions about them for the purpose of, or in the context of, exercising a function.
(3)The Commissioner may not exercise any function in such a way as to adversely affect any protection relating to the independence of decision-making by a criminal justice body.
(4)The Commissioner may exercise the Commissioner’s functions in relation to victims’ and witnesses’ experiences that occurred prior to the coming into force of this section, but only if and to the extent that the experiences are relevant to the exercise of the Commissioner’s general function.
(5)For the purposes of subsection (1), “individual case” includes—
(a)a particular victim or witness,
(b)the bringing or conduct of particular proceedings,
(c)anything done or omitted to be done by a person acting in a judicial capacity or on the instructions of or on behalf of such a person.
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