23 April 2021
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.
172.This section provides that a person who has been notified of a determination under section 60 may request a review of it. The review may relate to the decision that the person should be precluded from being offered a redress payment, or it may relate to the determination as to whether or not the person would, but for the previous conviction, have been eligible for a redress payment.
173.In accordance with subsection (2), such a request must be made to the Scottish Ministers within eight weeks of the date on which notice of the determination was received. Where the Scottish Ministers set requirements in relation to the form for a request for a review, the request must be in that form (any such requirements being publicised under subsection (5)). The request must also specify why a review is being sought, and must contain or be accompanied by any other information the applicant considers relevant.
174.The Scottish Ministers must, as soon as reasonably practicable, pass the request and accompanying information to Redress Scotland for it to determine.
175.Subsection (4) permits Redress Scotland to conduct a review despite the request not being made within the timescale specified in subsection (2), if it is satisfied that the applicant has a good reason for not requesting it sooner.
176.Subsection (6) applies sections 55 (review panels), 56 (procedure for reviews) and 59(1) to (5) (withdrawal of review request) to reviews under this section. However, any withdrawal of a request for a review can only happen before the review is determined under section 63.
177.Subsection (1) sets out that a panel conducting a review under section 62 must consider whether the panel that made the original determination ought to have reached a different determination and, where additional evidence is provided to, or obtained by, the panel conducting the review, whether the application should now be determined differently as a result of that additional evidence. In either case, the review panel may uphold or reverse the original determination.
178.Subsection (2) requires the Scottish Ministers to notify the applicant of the review panel’s determination, and to provide the applicant with a summary of the panel’s reasons for reaching that determination. Paragraph 60 of these Notes applies equally to the form of notice of the outcome of a review under this section.
179.In accordance with subsection (4), the determination of a review panel under this section is final. This means that there is no further right of appeal in respect of this decision.
180.Subsection (1) states that an applicant or (as applicable) the applicant’s nominated beneficiary must provide the Scottish Ministers with the information mentioned in subsection (2) in relation to any conviction which is or may be relevant under section 60.
181.Subsection (2) lists the information to be provided in relation to a conviction. Where this information is provided in relation to a conviction under subsection (1), the Scottish Ministers must provide this information to Redress Scotland (subsection (3)).