The Victims and Witnesses (Scotland) Act 2014 (Commencement No. 3 and Transitional Provision) Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force, on 30th January 2015, the following sections of the Victims and Witnesses (Scotland) Act 2014 (“the Act”): sections 1, 2, 3 and 6 (article 2(1)). Some of the provisions are brought into force for restricted purposes only (article 2(2)).

Section 2 is brought into force in so far as not already commenced.

Section 6 is brought into force in so far as not already commenced although subsection (7) is brought into force for the purposes detailed in the Schedule to the Order. Section 6(7) provides a list of information which may be classed as qualifying information for the purposes of section 6 and includes a number of decisions about criminal investigations and criminal proceedings together with certain pieces of information about criminal proceedings.

Section 6(7)(a) to (c) is brought into force only in relation to decisions taken on or after 30th January 2015 so that only those decisions and the reasons for those decisions will be classed as qualifying information for the purposes of section 6. Section 6(7)(d) to (j) is brought into force only in relation to criminal proceedings other than those which have been concluded before 30th January 2015. This means that the information listed in section 6(7)(d) to (j) will not be classed as qualifying information for the purposes of section 6 where it relates to criminal proceedings which have been concluded before the 30th January 2015.

The Order makes transitional provision in relation to section 2 of the 2014 Act so as to allow the persons listed in section 2(2) to consult in accordance with section 2(4) prior to publishing standards of service in accordance with section 2(1).

The Bill for the Act received Royal Assent on 17th January 2014. The following sections of the Act came into force on the following day: sections 30 (in part), 31 (in part), 32, 33, 34 and 35.