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

1. Introductory Text

2. Part 1 Victims and Witnesses Commissioner for Scotland

   1. Establishment

      1. 1. Victims and Witnesses Commissioner for Scotland

   2. Functions and powers

      1. 2. Functions

      2. 3. Civil function

      3. 4. Engagement

      4. 5. Advisory group

      5. 6. Power to work with others

      6. 7. General powers

      7. 8. Restriction on exercise of functions

   3. Victims’ charter

      1. 9. Victims’ charter

   4. Strategic plan

      1. 10. Strategic plan

   5. Investigations

      1. 11. Carrying out investigations

      2. 12. Initiation and conduct of investigation

      3. 13. Investigations: witnesses and documents

      4. 14. Reports on investigations

   6. Information gathering

      1. 15. Power to gather information

      2. 16. Failure to supply required information

      3. 17. Offence of Commissioner disclosing confidential information

   7. Annual report

      1. 18. Annual Report

      2. 19. Requirement to respond to annual report

      3. 20. Publication of responses to annual report

   8. Miscellaneous

      1. 21. Reports

      2. 22. Protection from actions of defamation

   9. Co-operation with Commissioner

      1. 23. Co-operation with Commissioner

   10. Application of public authorities legislation

       1. 24. Application of public authorities legislation

   11. Interpretation of Part

       1. 25. Interpretation of Part

3. Part 2 Trauma-informed practice

   1. Principle of trauma-informed practice

      1. 26. Principle of trauma-informed practice

   2. Conduct of proceedings in accordance with trauma-informed practice

      1. 27. Criminal courts: conduct of proceedings

      2. 28. Civil courts: conduct of proceedings

      3. 29. Fatal accident inquiries: conduct of proceedings

   3. Duty to have regard to principle of trauma-informed practice

      1. 30. Scheduling of business in Scottish courts

      2. 31. Scheduling of business in sheriff courts and the Sheriff Appeal Court

      3. 32. Scheduling of business in justice of the peace courts

4. Part 3 Victims’ rights to receive information and to give views

   1. 33. Victim’s right to information about plea agreements, etc.

   2. 34. Victims’ right to be informed of decision not to prosecute or to discontinue proceedings

   3. 35. Single victim notification system

   4. 36. Right of eligible persons to receive information in event of death or incapacity of victim

   5. 37. Victim notification and right to make representations where offender is a child

   6. 38. Provision of information where victim is a child

   7. 39. Notification of individual other than supporter to receive information

   8. 40. Transfers of convicted persons

   9. 41. Additional information to be provided to victims

   10. 42. Powers to modify information to be given and right to make representations

   11. 43. Co-operation with the Scottish Ministers for the purposes of sharing information with victims

   12. 44. Standards of service

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

   14. 46. Information to be given concerning offender subject to compulsion order

   15. 47. Victim’s right to receive information under section 17D after representations

   16. 48. Conditional discharge: relevant conditions

   17. 49. Suspension from detention within hospital grounds

   18. 50. Victim statements in solemn proceedings

   19. 51. Provision of transcript of record of trial to certain complainers

   20. 52. Right to referral by Police Scotland to victim support services

   21. 53. Release on licence: reasons for decisions

   22. 54. Review of victim’s right to receive information on fixed penalties

5. Part 4 Release of prisoners

   1. 55. Parole Board rules: decisions where prisoner has information about victim’s remains

   2. 56. Parole Board rules: safety and security of victims and victims’ family

   3. 57. Licence conditions: exclusion zones

6. Part 5 Special measures in civil cases

   1. Vulnerable witnesses

      1. 58. Vulnerable witnesses

      2. 59. Prohibition on personal conduct of case

      3. 60. Register of solicitors for section 22B of the Vulnerable Witnesses (Scotland) Act 2004

   2. Vulnerable parties

      1. 61. Vulnerable parties

7. Part 6 Criminal juries and verdicts

   1. Solemn proceedings

      1. 62. Jury size and quorum

      2. 63. Form of jury affirmation

      3. 64. Jury service: assistance for jurors with communication

      4. 65. Verdict of guilty or not guilty and majority required for guilty verdict

   2. Summary proceedings

      1. 66. Verdict of guilty or not guilty

   3. Research into juries

      1. 67. Research into juries

      2. 68. Research into juries by or on behalf of the Scottish Ministers: duty to report

8. Part 7 Sexual Offences Court

   1. Chapter 1 Establishment, jurisdiction and Judges of the Sexual Offences Court

      1. Establishment

         1. 69. Sexual Offences Court

      2. Jurisdiction and competence

         1. 70. Jurisdiction and competence: general

         2. 71. Jurisdiction: sexual offences

      3. Judges of the Sexual Offences Court

         1. 72. Judges of the Sexual Offences Court: Lord Commissioners of Justiciary and temporary judges

         2. 73. Judges of the Sexual Offences Court: re-employment of former judges

         3. 74. Appointment of Judges of the Sexual Offences Court

         4. 75. Remuneration and expenses of Judges of the Sexual Offences Court

   2. Chapter 2 Organisation of business

      1. President and Vice President of the Sexual Offences Court

         1. 76. President and Vice President of the Sexual Offences Court

         2. 77. President and Vice President: incapacity and suspension

      2. Disposal of business

         1. 78. President’s responsibility for efficient disposal of business

      3. Sittings

         1. 79. Sittings of the Sexual Offences Court

      4. Transfer of cases

         1. 80. Transfer of cases to the Sexual Offences Court

         2. 81. Transfer of cases from the Sexual Offences Court

      5. Rights of audience

         1. 82. Rights of audience: solicitors

         2. 83. Rights of audience: advocates

         3. 84. Statement of training requirement for prosecutors

         4. 85. Rights of audience: review

   3. Chapter 3 Administration

      1. Clerks

         1. 86. Clerk of the Sexual Offences Court

         2. 87. Deputy Clerks of the Sexual Offences Court

         3. 88. Clerk and Deputy Clerks: further provisions

      2. Sexual Offences Court records

         1. 89. Sexual Offences Court records

         2. 90. Sexual Offences Court records: authentication and electronic form

   4. Chapter 4 Procedure

      1. Procedure

         1. 91. Sexual Offences Court procedure

      2. Prohibition on personal conduct of defence

         1. 92. Prohibition on personal conduct of defence

      3. Ground rules hearings

         1. 93. Ground rules hearings

      4. Pre-recording of evidence

         1. 94. Pre-recording of evidence

         2. 95. Taking of evidence by a commissioner

         3. 96. Admission of the record of a prior examination of vulnerable complainer as evidence

         4. 97. Giving evidence in the form of a prior statement

      5. Art and part and aiding and abetting

         1. 98. Statutory offences: art and part and aiding and abetting

      6. Sentencing

         1. 99. Sentencing power of the Sexual Offences Court

      7. Double jeopardy

         1. 100. Exception to rule against double jeopardy in the Sexual Offences Court: new evidence

9. Part 8 Special measures for vulnerable witnesses under the 1995 Act

   1. 101. Vulnerable witnesses under the 1995 Act: admission of the record of a prior examination as evidence in full

   2. 102. Child witnesses under the 1995 Act: exception to presumption in favour of special measures

   3. 103. Vulnerable witnesses under the 1995 Act: supplementary provision in relation to child witnesses

10. Part 9 Sexual offences cases: further reform

    1. Anonymity for victims

       1. 104. Sexual offences cases: anonymity and restriction on publications

    2. Restrictions on evidence relating to sexual offences

       1. 105. Restrictions on evidence relating to sexual offences

    3. Independent legal representation for complainers

       1. 106. Applications to admit certain evidence relating to sexual offences: rights of complainers

    4. Non-harassment orders

       1. 107. Circumstances in which non-harassment order must be considered by court

11. Part 10 Non-harassment orders

    1. 108. Non-harassment orders: domestic abuse cases

12. Part 11 Enforcement of protective orders made outwith Scotland

    1. 109. Offences relating to protective orders made outwith Scotland

13. Part 12 Domestic abuse cases

    1. 110. Review in relation to connected proceedings

14. Part 13 Final provisions

    1. 111. Review of operation of Act

    2. 112. Regulations

    3. 113. Ancillary provision

    4. 114. Interpretation

    5. 115. Modification of enactments

    6. 116. Commencement

    7. 117. Short title

15. 1. Schedule 1

       The office of Victims and Witnesses Commissioner for Scotland

       1. Part 1 Status and independence

          1. 1. Status

          2. 2. Independence

       2. Part 2 Appointment, termination and terms and conditions

          1. 3. Appointment

          2. 4. Disqualification from appointment

          3. 5. Tenure

          4. 6. Early termination

          5. 7. Validity of things done

          6. 8. Remuneration and pensions, etc.

          7. 9. Other terms and conditions

          8. 10. Temporary appointments

       3. Part 3 Staff and offices

          1. 11. Appointment of staff

          2. 12. Staff terms and conditions

          3. 13. Staff pensions

          4. 14. Authority to perform functions

          5. 15. Duty to comply with directions

       4. Part 4 Accounts and accountability

          1. 16. Budget

          2. 17. Accountable officer

          3. 18. Accounts and audit

    2. Schedule 2

       Application of public authorities legislation to the office of Victims and Witnesses Commissioner for Scotland

       1. 1. Scottish Public Services Ombudsman Act 2002

       2. 2. Freedom of Information (Scotland) Act 2002

       3. 3. Public Services Reform (Scotland) Act 2010

       4. 4. Public Records (Scotland) Act 2011

       5. 5. Procurement Reform (Scotland) Act 2014

    3. Schedule 3

       Victim Notification Scheme

       1. Part 1 Right of eligible persons to receive information in event of death or incapacity of victim

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

       2. Part 2 Notification of individual other than supporter to receive information

          1. 2. (1) The Criminal Justice (Scotland) Act 2003 is amended as...

    4. Schedule 4

       Sexual offences

       1. Part 1 Crimes at common law

          1. 1. Crimes at common law

          2. 2. Clandestine injury to woman.

          3. 3. Abduction of woman or girl with intent to rape.

          4. 4. Assault with intent to rape or ravish.

          5. 5. Indecent assault.

          6. 6. Lewd, indecent or libidinous behaviour or practices.

          7. 7. Sodomy, unless every person involved in the offence was 16...

       2. Part 2 Statutory offences

          1. 8. Offences under the Mental Health (Scotland) Act 1984

          2. 9. Offences under the Criminal Law (Consolidation) (Scotland) Act 1995

          3. 10. Offence under the Sexual Offences (Amendment) Act 2000

          4. 11. Offences under the Mental Health (Care and Treatment) (Scotland) Act 2003

          5. 12. Offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005

          6. 13. Offences under the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

          7. 14. Offences under the Sexual Offences (Scotland) Act 2009

          8. 15. Offence under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016

          9. 16. Offence under the Domestic Abuse (Scotland) Act 2018

          10. 17. Offences under the Health and Care Act 2022

    5. Schedule 5

       Minor and consequential modifications

       1. 1. Legal Aid (Scotland) Act 1986

       2. 2. Judiciary and Courts Scotland Act 2008

       3. 3. Courts Reform (Scotland) Act 2014