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

Schedule 5 Minor and consequential modifications

(introduced by section 115)

Legal Aid (Scotland) Act 1986

1 (1) The Legal Aid (Scotland) Act 1986 is amended as follows.

(2) In section 21, subsection (1), paragraph (a), after sub-paragraph (i) insert—

“(iza) the Sexual Offences Court;”.

(3) In section 21, after subsection (4), insert—

“(5) Where an accused in the Sexual Offences Court applies for representation by junior counsel (without senior counsel), and the Scottish Legal Aid Board is satisfied, based on the information available, that if the accused is convicted there is a reasonable expectation that the court will impose—

(a) a custodial sentence in excess of 5 years, or

(b) a risk assessment order under section 210B of the Criminal Procedure (Scotland) Act 1995,

then representation by junior counsel (without senior counsel) is to be treated as appropriate for the purposes of subsection (4)(a).”.

(4) In section 22, subsection (1), after paragraph (de), insert—

“(df) where a solicitor has been appointed under section 92(2) of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (prohibition on personal conduct of defence) to conduct the accused’s case in the Sexual Offences Court,”.

Judiciary and Courts Scotland Act 2008

2 (1) The Judiciary and Courts (Scotland) Act 2008 is amended as follows.

(2) In section 2, subsection (2A), after “President of the Sheriff Appeal Court”, insert “or the President of the Sexual Offences Court,”.

(3) In section 2, subsection (6), after paragraph (b) insert—

“(ba) the Sexual Offences Court,”.

(4) In section 34, subsection (1), after “judicial office holder” insert “(other than a Judge of the Sexual Offences Court)”.

(5) In section 35, after subsection (2), insert—

“(2A) Where the person holds office as a Judge of the Sexual Offences Court in addition to a judicial office to which this section applies, reference in subsection (1) to inability, neglect of duty or misbehaviour includes any such inability, neglect of duty or misbehaviour relating to the office of Judge of the Sexual Offences Court.”.

(6) In section 43, subsection (2), after paragraph (ca), insert—

“(cb) the office of Judge of the Sexual Offences Court,”.

(7) In section 62, subsection (1), after paragraph (b), insert—

“(bza) the President of the Sexual Offences Court in the carrying out of functions under section 78 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025,”.

Courts Reform (Scotland) Act 2014

3 (1) The Courts Reform (Scotland) Act 2014 is amended as follows.

(2) In section 21, after subsection (3), insert—

“(3A) Where the person holds office as Judge of the Sexual Offences Court in addition to a judicial office to which this section applies, reference in subsection (1) to inability, neglect of duty or misbehaviour includes any such inability, neglect of duty or misbehaviour relating to the office of Judge of the Sexual Offences Court.”.

(3) In schedule 1 (civil proceedings in relation to which summary sheriff has competence), after paragraph 4A, insert—

Orders dispensing with restriction on publications relating to child victims

4B Proceedings under section 106B of the Criminal Justice (Scotland) Act 2016.”.