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

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

(2) In section 16 (victim’s right to receive information concerning release etc. of offender)—

(a) in subsection (1), after “perpetrated” insert “(the “victim”)”,

(b) for subsection (5), substitute—

“(5) Where information would fall to be given under subsection (1), but the victim has died or is incapable, that subsection applies as if references in it to the victim were references to the designated person or designated persons.”,

(c) after subsection (5) insert—

“(5A) For the purposes of subsection (5), a designated person means a person designated by the Scottish Ministers to be given the information in place of the victim in accordance with subsections (5B) to (5E).

(5B) The Scottish Ministers—

(a) may designate, as they consider appropriate—

(i) where the victim has died, at least one person and not more than 4 persons as designated persons,

(ii) where the victim is incapable, one person as designated person,

(b) must, where a person intimates that they wish to be a designated person (and the maximum number of persons who may be designated in accordance with paragraph (a) has not been reached), consider whether to designate that person.

(5C) Where the victim has died, the Scottish Ministers may—

(a) if they consider it appropriate to do so—

(i) remove a person as a designated person,

(ii) add a person as a designated person (provided such addition does not result in there being more than 4 designated persons, subject to paragraph (b)),

(b) on cause shown, add a person as a designated person where that addition results in there being 5 designated persons.

(5D) Where the victim is incapable, the Scottish Ministers may, if they consider it appropriate to do so, remove or replace a person as designated person.

(5E) The Scottish Ministers must have regard to the code of practice issued under section 18ZA in designating, adding, removing or replacing persons as designated persons.

(5F) If a designated person is a child, the Scottish Ministers must determine whether the information should be provided to—

(a) the designated person,

(b) the designated person and the person who cares for the designated person,

(c) the person who cares for the designated person, or

(d) another person over the age of 18 years with a relationship to the designated person,

but only if the Scottish Ministers are satisfied that the person consents to being given the information.

(5G) When making a determination under subsection (5F), the Scottish Ministers must have regard to—

(a) the designated person’s age and maturity,

(b) any views expressed by the designated person, and

(c) the best interests of the designated person.

(5H) When making a determination under subsection (5F), the Scottish Ministers must also have regard to the code of practice issued under section 18ZA.

(5I) The Scottish Ministers may—

(a) review a determination made under subsection (5F)—

(i) of their own accord, or

(ii) at the request of the designated person or the other person (if any) to whom the determination relates,

(b) following a review, make a new determination under subsection (5F).

(5J) Where a determination has been made under subsection (5F)—

(a) before the designated person attains the age of 18 years, the Scottish Ministers must contact the designated person to establish how the designated person wishes to receive information under this section after they attain the age of 18 years,

(b) after the designated person attains the age of 18 years, the most recent determination made under subsection (5F) in relation to the designated continues to have effect until a new intimation under subsection (1) is made.

(5K) In this section, “incapable” means incapable of understanding or retaining the memory of information which falls to be given under subsection (1) by reason of any mental disorder or inability to communicate where that inability to communicate cannot be made good by human or mechanical aid (whether of an interpretive nature or otherwise).”,

(d) subsection (6) is repealed,

(e) for subsection (9), substitute—

“(9) The Scottish Ministers may, by regulations, modify this section by substituting for—

(a) references to a person specified in any part of this section to whom information may be made available, including references to the designated person, references to such other person as they consider appropriate,

(b) the age specified in any part of this section such other age as they consider appropriate,

(c) the number of persons who may be designated as designated persons where the victim has died, such other number as they consider appropriate.”.

(3) In section 16B (person entitled to ask to be given information under section 16A)—

(a) in subsection (1)—

(i) for paragraph (b), substitute—

“(b) if V has died or is incapable, the designated person or designated persons.”,

(ii) paragraph (c) is repealed,

(b) for subsection (3), substitute—

“(3) For the purposes of this section, a designated person means a person designated by the Scottish Ministers to be given the information in place of V in accordance with subsections (4) to (8).”,

(c) after subsection (3), insert—

“(4) The Scottish Ministers—

(a) may designate, as they consider appropriate—

(i) where V has died, at least one person and not more than 4 persons as designated persons,

(ii) where V is incapable, one person as designated person,

(b) must, where a person intimates that they wish to be a designated person (and the maximum number of persons who may be designated in accordance with paragraph (a) has not been reached), consider whether to designate that person.

(5) Where V has died, the Scottish Ministers may—

(a) if they consider it appropriate to do so—

(i) remove a person as a designated person,

(ii) add a person as a designated person (provided such addition does not result in there being more than 4 designated persons, subject to paragraph (b)),

(b) on cause shown, add a person as a designated person where that addition results in there being 5 designated persons.

(6) Where V is incapable, the Scottish Ministers may, if they consider it appropriate to do so, remove or replace a person as designated person.

(7) The Scottish Ministers may, by regulations, amend this section by substituting—

(a) for the number of persons who may be designated as designated persons where V has died, such other number as they consider appropriate,

(b) references to a person specified in any part of this section to whom information may be made available, including references to the designated person, reference to such other person as they consider appropriate.

(8) The Scottish Ministers must have regard to the code of practice issued under section 18ZA in designating, adding, removing or replacing persons as designated persons.

(9) If a designated person is a child, the Scottish Ministers must determine whether the information should be provided to—

(a) the designated person,

(b) the designated person and the person who cares for the designated person,

(c) the person who cares for the designated person, or

(d) another person over the age of 18 years with a relationship to the designated person,

but only if the Scottish Ministers are satisfied that the person consents to being given the information.

(10) When making a determination under subsection (9), the Scottish Ministers must have regard to—

(a) the designated person’s age and maturity,

(b) any views expressed by the designated person, and

(c) the best interests of the designated person.

(11) When making a determination under subsection (9), the Scottish Ministers must also have regard to the code of practice issued under section 18ZA.

(12) The Scottish Ministers may—

(a) review a determination made under subsection (9)—

(i) of their own accord, or

(ii) at the request of the designated person or the other person (if any) to whom the determination relates,

(b) following a review, make a new determination under subsection (9).

(13) Where a determination has been made under subsection (9)—

(a) before the designated person attains the age of 18 years, the Scottish Ministers must contact the designated person to establish how the designated person wishes to receive information under this section after they attain the age of 18 years,

(b) after the designated person attains the age of 18 years, the most recent determination made under subsection (9) in relation to the designated continues to have effect until a new intimation under subsection (1) is made.

(14) In this section, “incapable” means incapable of understanding or retaining the memory of information which falls to be given under subsection (1) by reason of any mental disorder or inability to communicate where that inability to communicate cannot be made good by human or mechanical aid (whether of an interpretive nature or otherwise).

(15) In this section, the expression “cares for” is to be construed in accordance with the definition of “someone who cares for” in paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010.”.

(4) After section 18, insert—

“18ZA Code of practice in relation to designated persons and determinations made under sections 16 and 16B

(1) The Scottish Ministers must prepare a code of practice in relation to—

(a) designated persons,

(b) determinations made under sections 16(4B) and (5F) and 16B(2A) and (9).

(2) In preparing the code of practice, the Scottish Ministers must—

(a) publish a draft of the code, and

(b) consult such persons as they consider appropriate.

(3) The Scottish Ministers—

(a) must—

(i) publish the code of practice in such manner as they consider appropriate,

(ii) lay a copy of the code before the Scottish Parliament,

(b) may revise the code of practice and publish an updated code as they consider appropriate, and subsection (2) and paragraph (a) of this subsection apply to a revised code as they apply to the original code.

(4) The code of practice may, in particular—

(a) set out a list of persons who may be designated as designated persons by reference to their relationship to the person to whom information would otherwise fall to be given under section 16(1), or who would otherwise be entitled to ask to be given information under section 16A, subject to other factors and circumstances to be taken into consideration,

(b) provide guidance about—

(i) the ways in which the Scottish Ministers may exercise their discretion in relation to the designation of persons under section 16 or 16B,

(ii) factors to be taken into consideration in designating persons,

(iii) evidence which may be required in order to establish the relationship between the person to whom information would otherwise fall to be given under section 16(1), or who would otherwise be entitled to ask to be given information under section 16A, and a person being considered for designation,

(iv) circumstances in which it may be appropriate to add, remove or replace a person as a designated person,

(c) set out—

(i) a complaints process in relation to the designation of persons,

(ii) a process by which a person can seek reconsideration of a decision not to designate that person,

(d) provide guidance about the making of determinations under sections 16(4B) and (5F) and 16B(2A) and (9), in particular about—

(i) the assessment of the factors mentioned in sections 16(4C) and (5G) and 16B(2B) and (10),

(ii) the carrying out of a review under sections 16(4E) and (5I) and 16B(2D) and (12),

(e) provide guidance in relation to contacting a victim under sections 16(4F) and (5J) and 16B(2E) and (13).

(5) A code of practice made under this section comes into force on such day as the Scottish Ministers may, by regulations, appoint.”.

(5) In section 88(2)(a)—

(a) after “16(4)” insert “, 16(9), 16B(7)”,

(b) after “17DB(1A)” (as inserted by section 29B(3)(b)) insert “, 18ZA(5)”.