Part 2

Domestic homicide and suicide reviews

Conduct of reviews

Provision of information
26
1
A requiring authority may, by notice in writing, require a person (including another requiring authority) to provide it, as soon as reasonably practicable, with information—
a
which is in the person’s possession or control, and
b
which the requiring authority giving the notice reasonably considers is necessary for the carrying out of its functions under this Part.
2
But, subject to subsection (3), a person is not required by virtue of subsection (1) to provide information which that person would be entitled to refuse to provide in proceedings in a court in Scotland.
3
Subsection (2) does not relieve a person of the obligation under subsection (1) to provide any information to which a notice extends by virtue of provision made under section 4(4) or paragraph 6 of schedule 3 of the Rehabilitation of Offenders Act 1974.
4
A requiring authority may not give a notice under subsection (1) to a person who is a designated core participant for the purposes of section 25 (but information may be obtained from the person under that section).
5
Where the Lord Advocate gives an order under section 23(1) requiring the suspension of consideration of a death, or of a review—
a
a notice under subsection (1) ceases to have effect so far as it relates to the consideration or review, but
b
a further notice under subsection (1) may be issued in relation to the consideration or review if it is resumed following the suspension.
6
For the purposes of subsection (1), the following are requiring authorities—
a
the Scottish Ministers,
b
the chair of the review oversight committee,
c
the chair of a case review panel.
7
In this section, “information” includes unrecorded information.
S. 26 not in force at Royal Assent, see s. 34(4)