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

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

(2) In section 16ZA (provision of information to person supporting victim)—

(a) in subsection (1)(a)—

(i) for “(the “victim”)” substitute “(“P”)”,

(ii) after “that” insert “either (but not both)”,

(iii) the words from “a person” where it second occurs to the end become sub-paragraph (i),

(iv) in that sub-paragraph—

(A) for “the victim” where it first occurs substitute “P”,

(B) for “perpetrated against the victim” substitute “in relation to which P is entitled to receive information”,

(v) after sub-paragraph (i) insert—

“(ii) an individual who is not a supporter (the “nominee”) is to be given, as well as or instead of P, that information and Ministers are satisfied that the nominee consents to being given the information, or”,

(b) in subsection (1)(b), for “the victim” substitute “P”,

(c) after subsection (1) insert—

“(1A) An individual may be a nominee under subsection (1)(a)(ii) only if the individual—

(a) has attained 18 years of age, and

(b) is not the person convicted of the offence against the victim.”,

(d) in subsection (2)(b)—

(i) for “the victim” where it first occurs substitute “P”,

(ii) for “perpetrated against the victim” substitute “in relation to which P is entitled to receive information”,

(e) in subsection (3), after “supporter” insert “or, as the case may be, the nominee”,

(f) after subsection (3) insert—

“(3A) An individual ceases to be a nominee if—

(a) the individual withdraws consent to receiving information under subsection (3), or

(b) the Scottish Ministers are made aware that the individual has—

(i) died, or

(ii) become incapable, by reason of mental disorder or inability to communicate, of understanding the information.

(3B) A supporter may withdraw an intimation under subsection (1)(b).

(3C) P may—

(a) withdraw—

(i) an intimation under subsection (1)(a),

(ii) consent to a supporter being given information following an intimation under subsection (1)(b),

(b) make a fresh intimation under subsection (1)(a),

(c) grant consent to a fresh intimation under subsection (1)(b).

(3D) Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not such intimation or consent has been withdrawn.

(3E) The Scottish Ministers must—

(a) where a nominee withdraws consent under subsection (3A)(a), or a supporter withdraws consent under subsection (3B), give notice in writing to—

(i) P that the consent has been withdrawn,

(ii) the nominee or the supporter, as the case may be, that they will not be given information under subsection (3),

(b) where, under subsection (3C), P withdraws an intimation or consent, makes a fresh intimation, or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given information under subsection (3) of that fact.

(3F) Where P is a child—

(a) before P attains the age of 18 years, the Scottish Ministers must contact P to establish how P (after P attains the age of 18 years) wishes to receive the information described in section 16(3),

(b) after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) in relation to P continues to have effect until—

(i) a supporter withdraws consent under subsection (3B), or

(ii) P takes any action mentioned in subsection (3C).”,

(g) for subsection (5), substitute—

“(5) In this section—

• “support services”—

  (a)

  means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of P, and

  (b)

  includes—

  (i)

  providing P with information (including information provided under subsection (3)),

  (ii)

  assisting P with safety planning,

  (iii)

  assisting P with the making of representations under this Part,

• “victim” means the person against whom the offence in relation to which P is entitled to receive information was perpetrated.”.

(3) The title of section 16ZA becomes “Provision of information to person other than victim”.

(4) In section 16D (provision of information concerning offender subject to compulsion order to person supporting victim)—

(a) in subsection (1)(a)—

(i) for “(the “victim”)”, substitute “(“P”)”,

(ii) after “that” insert “either (but not both)”,

(iii) the words from “a person” where it second occurs to the end become sub-paragraph (i),

(iv) in that sub-paragraph, for “the victim” substitute “P”,

(v) after sub-paragraph (i) insert—

“(ii) an individual who is not a supporter (the “nominee”) is to be given, as well as or instead of P, that information and Ministers are satisfied that the nominee consents to being given the information, or”,

(b) in subsection (1)(b), for “the victim” substitute “P”,

(c) after subsection (1) insert—

“(1A) An individual may be a nominee under subsection (1)(a)(ii) only if the individual—

(a) has attained 18 years of age, and

(b) is not the person convicted of the offence in relation to which P is entitled to receive information.”,

(d) in subsection (2)(b), for “the victim” substitute “P”,

(e) in subsection (3), after “supporter” insert “or, as the case may be, the nominee”,

(f) in subsection (4), in both paragraph (a) and (b), after “supporter” insert “or nominee”,

(g) in subsection (6)—

(i) for “the victim”, substitute “P”,

(ii) after “supporter” insert “or nominee”,

(h) after subsection (6) insert—

“(6A) An individual ceases to be a nominee if—

(a) the individual withdraws consent to receiving information under subsection (3),

(b) the Scottish Ministers are made aware that the individual has—

(i) died, or

(ii) become incapable, by reason of mental disorder or inability to communicate, of understanding the information.

(6B) A supporter may withdraw an intimation under subsection (1)(b).

(6C) P may—

(a) withdraw—

(i) an intimation under subsection (1)(a),

(ii) consent to a supporter being given information following an intimation under subsection (1)(b),

(b) make a fresh intimation under subsection (1)(a),

(c) grant consent to a fresh intimation under subsection (1)(b).

(6D) Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not such intimation or consent has been withdrawn.

(6E) The Scottish Ministers must—

(a) where a nominee withdraws consent under subsection (6A)(a), or a supporter withdraws consent under subsection (6B), give notice in writing to—

(i) P that the consent has been withdrawn,

(ii) the nominee or the supporter, as the case may be, that they will not be given information under subsection (3),

(b) where, under subsection (6C), P withdraws an intimation or consent, makes a fresh intimation, or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given information under subsection (3) of that fact.

(6F) Where P is a child—

(a) before P attains the age of 18 years, the Scottish Ministers must contact P to establish how P (after P attains the age of 18 years) wishes to receive information described in section 16C,

(b) after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) in relation to P continues to have effect until—

(i) a supporter withdraws consent under subsection (6B), or

(ii) P takes any action mentioned in subsection (6C).”.

(5) In subsection (7), for “has the same meaning” substitute “and “victim” have the same meanings”.

(6) The title of section 16D becomes “Provision of information concerning offender subject to compulsion order to person other than victim”.

(7) In section 17ZA (release on licence: provision of information to person supporting victim)—

(a) in subsection (1)(a)—

(i) for “(the “victim”)” substitute “(“P”)”,

(ii) for the words from “a person” where it second occurs to the end, substitute “either (but not both)—

(i) a person to whom section 16ZA(2) applies (a “supporter”), or

(ii) an individual who is or may be a nominee under section 16ZA (a “nominee”),

to be informed, as well as or instead of P, before any decision is taken to release the convicted person, or”,

(b) in subsection (1)(b)—

(i) for “the supporter” where it first occurs substitute “a supporter who is entitled to receive information under section 16ZA”,

(ii) for “the victim” substitute “P”,

(c) after subsection (1) insert—

“(1A) But this section applies only if—

(a) in the case of an intimation under subsection (1)(a)(i)—

(i) the supporter is entitled to receive information under section 16ZA, or

(ii) an individual is so entitled by virtue of section 16ZA(1)(a)(ii),

(b) in the case of an intimation under subsection (1)(a)(ii)—

(i) either the nominee or a supporter is entitled to receive information under section 16ZA, and

(ii) the Scottish Ministers are satisfied that the nominee consents to be informed as mentioned in that subsection.”,

(d) in subsection (2)—

(i) for “the victim” substitute “P”,

(ii) after “supporter” insert “or, as the case may be, nominee”,

(e) in subsection (3)—

(i) after “supporter” insert “or nominee”,

(ii) for “the victim” substitute “P”,

(f) after subsection (3) insert—

“(3A) An individual ceases to be a nominee if—

(a) where the individual is also a nominee under section 16ZA, the individual ceases to be a nominee under that section,

(b) the individual withdraws consent to being informed as mentioned in subsection (1)(a)(ii),

(c) the Scottish Ministers are made aware that the individual has—

(i) died, or

(ii) become incapable, by reason of mental disorder or inability to communicate, of understanding the information.

(3B) A supporter may withdraw an intimation under subsection (1)(b).

(3C) P may—

(a) withdraw—

(i) an intimation under subsection (1)(a),

(ii) consent to an intimation under subsection (1)(b),

(b) make a fresh intimation under subsection (1)(a),

(c) grant consent to a fresh intimation under subsection (1)(b).

(3D) Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not the previous intimation or consent has been withdrawn.

(3E) The Scottish Ministers must—

(a) where a nominee withdraws consent under subsection (3A)(b), or a supporter withdraws consent under subsection (3B), give notice in writing to—

(i) P that the consent has been withdrawn,

(ii) the nominee or the supporter, as the case may be, that they will not be informed as mentioned in subsection (1)(a)(ii),

(b) where, under subsection (3C), P withdraws an intimation or consent, or makes a fresh intimation, or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given information under subsection (3) of that fact.

(3F) Where P is a child—

(a) before P attains the age of 18 years, the Scottish Ministers must contact P to establish who P (after P attains the age of 18 years) wishes to be informed before any decision is taken to release the convicted person,

(b) after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) in relation to P continues to have effect until—

(i) a supporter withdraws consent under subsection (3B), or

(ii) P takes any action mentioned in subsection (3C).”.

(8) The title of section 17ZA becomes “Release on licence: provision of information to person other than victim”.

(9) In section 17A (temporary release: victim’s right to make representations about conditions)—

(a) in subsection (1)(a) for “(the “victim”)” substitute “(“P”)”,

(b) in subsection (1)(b), after ““supporter”” insert “or the “nominee””,

(c) in subsections (2), (3), and (4) for “the victim” in each place where it occurs substitute “P”,

(d) in subsection (4)(b), for “the supporter” substitute “any supporter or nominee to be given notice and information under section 17ZA(2) and (3)”.

(10) In section 17B (mentally-disordered offender: victim's right to make representations), after subsection (5), insert—

“(5A) The Scottish Ministers must fix a time within which representations under subsection (1) require to be made to them if they are to be considered by them, and they must notify V accordingly.”.

(11) After section 17B, insert—

“17BA Right to make representations in respect of mentally-disordered offender: provision of information to person other than victim

(1) This section applies where—

(a) a person entitled to be afforded an opportunity to make representations under section 17B (“P”) intimates that they wish either (but not both)—

(i) a person to whom section 17DA(2) applies (a “supporter”), or

(ii) an individual who is or may be a nominee under section 17DA (a “nominee”),

to be informed as well as or instead of P before any decision described in section 17B(1)(a) or (b) is taken, or

(b) a supporter who is entitled to receive information under section 17DA intimates that they wish to be so informed and the Scottish Ministers are satisfied that P consents to the supporter being so informed.

(2) But this section applies only if—

(a) in the case of an intimation under subsection (1)(a)(i)—

(i) the supporter is entitled to receive information under section 17DA, or

(ii) an individual is so entitled by virtue of section 17DA(1)(a)(ii),

(b) in the case of an intimation under subsection (1)(a)(ii)—

(i) either the nominee or a supporter is entitled to receive information under section 17DA, and

(ii) the Scottish Ministers are satisfied that the nominee consents to be informed as mentioned in that subsection.

(3) The Scottish Ministers must, whether or not P has intimated the wish to be afforded the opportunity to make representations under section 17B(1), give the supporter or, as the case may be, nominee, notice as mentioned in section 17B(5A).

(4) The Scottish Ministers need not give notice under subsection (3) where subsection 17B(6) applies.

(5) An individual ceases to be a nominee if—

(a) where the individual is also a nominee under section 17DA, the individual ceases to be a nominee under that section,

(b) the individual withdraws consent to being informed as mentioned in subsection (1)(a),

(c) the Scottish Ministers are made aware that the individual has—

(i) died, or

(ii) become incapable, by reason of mental disorder or inability to communicate, of understanding the information.

(6) A supporter may withdraw an intimation under subsection (1)(b).

(7) P may—

(a) withdraw—

(i) an intimation under subsection (1)(a),

(ii) consent to an intimation under subsection (1)(b),

(b) make a fresh intimation under subsection (1)(a),

(c) grant consent to a fresh intimation under subsection (1)(b).

(8) Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not the previous intimation or consent has been withdrawn.

(9) The Scottish Ministers must—

(a) where a nominee withdraws consent under subsection (5)(b), or a supporter withdraws consent under subsection (6), give notice in writing to—

(i) P that the consent has been withdrawn,

(ii) the nominee or the supporter, as the case may be, that they will not be informed as mentioned in subsection (1)(a) or, as the case may be, (b),

(b) where, under subsection (7), P withdraws an intimation or consent, makes a fresh intimation or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given notice under subsection (3) of that fact.

(10) Where P is a child—

(a) before P attains the age of 18 years, the Scottish Ministers must contact P to establish who P (after P attains the age of 18 years) wishes to be informed before any decision described in section 17B(1)(a) or (b) is taken,

(b) after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) continues to have effect until—

(i) a supporter withdraws consent under subsection (6), or

(ii) P takes any action mentioned in subsection (7).”.

(12) In section 17DA (section 17B decision: provision of information to person supporting victim)—

(a) in subsection (1)(a)—

(i) for “(the “victim”)” substitute “(“P”)”,

(ii) after “that” insert “either (but not both)”,

(iii) the words from “a person” where it second occurs to the end become sub-paragraph (i),

(iv) in that sub-paragraph, for “the victim” substitute “P”,

(v) after sub-paragraph (i) insert—

“(ii) an individual who is not a supporter (the “nominee”) is to be given, as well as or instead of P, that information and the Scottish Ministers are satisfied that the nominee consents to being given the information, or”,

(b) in subsection (1)(b), for “the victim” substitute “P”,

(c) after subsection (1) insert—

“(1A) An individual may be a nominee under subsection (1)(a)(ii) only if the individual—

(a) has attained 18 years of age, and

(b) is not the person convicted of the offence in relation to which P is entitled to receive information.”,

(d) in subsection (2)(b), for “the victim” substitute “P”,

(e) in subsection (3), after “supporter” insert “or, as the case may be, the nominee”,

(f) in subsection (4)(a), after “supporter” insert “or nominee”,

(g) in subsection (5)—

(i) in paragraph (a), after “supporter” insert “or nominee”,

(ii) in paragraph (b), after “supporter” in both places where it occurs insert “or nominee”,

(h) after subsection (5) insert—

“(5A) An individual ceases to be a nominee if—

(a) the individual withdraws consent to receiving information under subsection (3) or (5),

(b) the Scottish Ministers are made aware that the individual has—

(i) died, or

(ii) become incapable, by reason of mental disorder or inability to communicate, of receiving the information.

(5B) A supporter may withdraw an intimation under subsection (1)(b).

(5C) P may—

(a) withdraw—

(i) an intimation under subsection (1)(a),

(ii) consent to an intimation under subsection (1)(b),

(b) make a fresh intimation under subsection (1)(a),

(c) grant consent to a fresh intimation under subsection (1)(b).

(5D) Where P makes a fresh intimation under subsection (1)(a), or grants consent to a fresh intimation under subsection (1)(b), any previous intimation or granting of consent by P under that subsection ceases to have effect, whether or not the previous intimation or consent has been withdrawn.

(5E) The Scottish Ministers must—

(a) where a nominee withdraws consent under subsection (5A)(a), or a supporter withdraws consent under subsection (5B), give notice in writing to—

(i) P that the consent has been withdrawn,

(ii) the nominee or supporter, as the case may be, that they will not be given information under subsection (3) or (5),

(b) where, under subsection (5C), P withdraws an intimation or consent, makes a fresh intimation, or grants consent to a fresh intimation, give notice in writing to any person who will no longer be given information under subsection (3) or (5) of that fact.

(5F) Where P is a child—

(a) before P attains the age of 18 years, the Scottish Ministers must contact P to establish how P (after P attains the age of 18 years) wishes to be informed that a decision under section 17B has been taken,

(b) after P attains the age of 18 years, the most recent intimation under subsection (1)(a) or granting of consent under subsection (1)(b) in relation to P continues to have effect until—

(i) a supporter withdraws consent under subsection (5B), or

(ii) P takes any action mentioned in subsection (5C).”.

(13) The title of section 17DA becomes “Section 17B decision: provision on information to person other than victim”.

(14) In section 17E (information sharing in respect of mentally-disordered offenders)—

(a) in subsection (1), after “supporter” insert “or, as the case may be, a nominee”,

(b) in subsection (3), after “supporter” insert “or nominee”,

(c) in subsection (6), for “is” substitute “and “nominee” are”.

(15) In section 18A (interpretation of Part)—

(a) in subsection (3), after “supporter” insert “or nominee”,

(b) in subsection (5), for “is” substitute “and “nominee” are”.