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

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

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

(2) In section 17D (right to information after section 17B decision)—

(a) in subsection (1)(c), after “section” insert “16 or”,

(b) in subsection (2)—

(i) the words “that the decision has been taken” become paragraph (a),

(ii) after paragraph (a), insert “, and

(b) what that decision is.”,

(c) after subsection (4), insert—

“(5) Subsection (6) applies where—

(a) in accordance with subsection (2), the Scottish Ministers have informed V that the Tribunal has decided to make no order under section 193 of the Mental Health Act, and

(b) an appeal against that decision has been made.

(6) The Scottish Ministers must—

(a) inform V that the decision to make no order—

(i) is being appealed against, or

(ii) cannot competently be appealed against and is therefore final, and

(b) give V the information that they would have had to give V by virtue of section 16C(4) had the appeal related to a decision to revoke a compulsion order or a restriction order, and reference in that subsection—

(i) to a decision to revoke the order is to be read as a decision to make no order,

(ii) to O once more being subject to the order is to be read as O no longer being subject to the order.”.