Sections 60 and 61: Applicants etc. with convictions for serious offences
168.Section 60 provides that where an applicant (including a next of kin applicant) or a nominated beneficiary has been convicted of certain serious offences, whether in the United Kingdom or elsewhere in the world, before a panel can determine their application, the panel must first determine whether it would be contrary to the public interest to make a redress payment to that person and, in consequence, whether that person should be precluded from being offered a redress payment. This applies whether the conviction occurred before the date of the application or after it. This also applies where the person to whom the application relates (where not the applicant) has been convicted of such an offence.
169.For the purpose of these provisions, a relevant offence is murder, rape, or another sexual or violent offence which resulted in a person being sentenced to a period of imprisonment of five years or more. Section 61 contains definitions for the purpose of this section. It also contains a regulation-making power (subject to the affirmative procedure) to add, vary or remove offences. In light of the Rehabilitation of Offenders Act 1974 (sections 1 and 4), for the purpose of these provisions account will only be taken of unspent convictions.
170.Subsection (6) provides for the matters to which the panel must have regard in reaching its decision as to whether a person should be precluded from being eligible for a redress payment as a result of a serious criminal conviction. In addition, in exercise of the power in section 106, the Scottish Ministers may issue guidance which Redress Scotland would have to have regard to when making an assessment for the purpose of this provision.
171.Where a determination is made to preclude a person from being offered a redress payment, subsection (7) allows the panel to determine whether the person would otherwise have been eligible for such a payment. This is of importance to survivors of abuse who would, notwithstanding that they are precluded from being offered a redress payment, qualify for elements of non-financial redress offered by the scheme including access to emotional and psychological support. Subsection (8) states that the Scottish Ministers must notify the applicant of the determination and provide reasons for the panel’s determination. Paragraph 60 of these Notes applies equally to the form of notice of a determination under this section.
