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

Type Act of the Scottish Parliament

Publication 2025-10-30

Last updated 2026-04-06

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(106A) (1) Subject to sections 106B and 106C, no publication is to include information relating to a person if that information is likely to lead to the identification of the person as being a victim of an offence listed in subsection (5). (2) For the purposes of subsection (1), information relating to a person includes in particular— (a) the person’s name, (b) the person’s address, (c) the identity of any school or other educational establishment attended by the person, (d) the identity of any place at which the person works, (e) any still or moving picture of the person. (3) The restriction imposed by subsection (1)— (a) applies during the lifetime of the person to whom the information relates, and (b) ceases to apply on that person’s death. (4) The restriction imposed by subsection (1) does not prevent the person to whom the information relates from publishing information which is likely to lead to their own identification as being a victim of an offence listed in subsection (5). (5) The offences referred to in subsection (1) are— (a) an offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 (offences involving indecent photographs of children), (b) an offence to which section 288C of the Criminal Procedure (Scotland) Act 1995 applies (certain sexual offences), (c) an offence under section 1 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (offence of female genital mutilation), (d) an offence under section 1, 9, 10, 11 or 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (certain sexual offences against or in respect of children), (e) an offence under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage or forced civil partnership), (f) an offence under section 1 (human trafficking) or section 4 (slavery, servitude and forced or compulsory labour) of the Human Trafficking and Exploitation (Scotland) Act 2015, (g) an offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (disclosing, or threatening to disclose, an intimate photograph or film), (h) an offence under section 140, 141, 142, 152, 153 or 154 of the Health and Care Act 2022 (offences relating to virginity testing and hymenoplasty), (i) attempting to commit any offence mentioned in paragraphs (a) to (h) (but not paragraph (b)), (j) conspiracy or incitement to commit any offence mentioned in paragraphs (a) to (h), (k) aiding, abetting, counselling or procuring the commission of any offence mentioned in paragraphs (a) to (h). (6) The Scottish Ministers may, by regulations, modify subsection (5) by adding an offence to, varying the description of an offence mentioned in, or removing an offence from, that subsection. (7) Regulations under subsection (6) are subject to the affirmative procedure. (8) In this section— - “offence” includes any offence, regardless of whether it is committed, or suspected to have been committed, before or after this section comes into force, - “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed or accessible to the public at large or any section of the public (whether on registration, payment, subscription or otherwise), - “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990, - “victim of an offence” means a person against or in respect of whom an offence has been, or is or has been suspected to have been, committed. (106B) (1) A sheriff may by order dispense with the restriction imposed by section 106A(1) where— (a) the information to which the restriction would apply is information relating to a child, and (b) the sheriff considers that the conditions set out in subsection (4)(a) and (b) are satisfied. (2) A sheriff may make an order under subsection (1) on the application of a person other than the child who wishes to publish information relating to the child. (3) Before deciding whether to make an order under subsection (1), the sheriff must give the following persons an opportunity to make representations— (a) the person who made the application, (b) the child to whom the information relates. (4) The conditions referred to in subsection (1)(b) are that— (a) the child to whom the information relates— (i) understands the nature of an order under subsection (1), (ii) appreciates what the effect of making such an order would be, and (iii) gives consent to the publication of the information, and (b) there is no good reason why an order under subsection (1) should not be made. (5) The child to whom the order under subsection (1) relates may withdraw consent by giving, before the information is published, written notice to the person who obtained the order. (6) Where a child gives notice under subsection (5), the restriction imposed by section 106A(1) is, from the time the notice is received, no longer dispensed with. (7) The decision of the sheriff under this section is final. (8) In this section— - “child” means a person who is aged under 18 at the date on which the application is made, - “consent” means free agreement. (106C) (1) This section applies where— (a) a court convicts a person of a relevant offence, and (b) there is information relating to that person the publication of which is restricted by section 106A(1). (2) The court may, of its own accord, make an order dispensing with the restriction imposed by section 106A(1) if— (a) the court is satisfied that— (i) the person convicted of a relevant offence alleged that they were a victim of an offence listed in section 106A(5), and (ii) there is a connection between the conduct amounting to the relevant offence and the allegation that the person was a victim of an offence listed in section 106A(5), and (b) the court is satisfied that it is in the interests of justice to dispense with the restriction. (3) In this section— - “relevant offence” means—an offence of perjury,an offence of attempting to pervert the course of justice,an offence under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations), - “victim of an offence” has the same meaning as in section 106A. (106D) (1) A person who publishes relevant information in contravention of section 106A commits an offence and is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). (2) A person who— (a) attempts or conspires to commit an offence under subsection (1), or (b) aids, abets, counsels, procures or incites the commission of such an offence, commits an offence and is liable on conviction to the same punishment as if the person had committed the offence under subsection (1). (3) A person charged with an offence under this section has a defence if it is established that the conditions mentioned in subsection (4) were met. (4) Those conditions are that— (a) the person to whom the relevant information relates— (i) had given written consent to the publication of information in relation to an offence listed in section 106A(5), (ii) was aged 18 or over when that consent was given, and (iii) had not, before the information was published, given written notice of the withdrawal of that consent, and (b) the information published relates to the offence to which that consent relates. (5) A person charged with an offence under this section has a defence if it is established that— (a) the information published was in the public domain (having already been published by the person, being a person aged 18 or over, to whom the information relates or otherwise), and (b) where the information was in the public domain as a result of it being published by a person other than the person to whom it relates, there was no reason for the person charged to believe that the conditions mentioned in subsection (4) were not met in relation to that prior publication. (6) A person charged with an offence under this section has a defence if it is established that they were not aware, and neither suspected nor had reason to suspect, that the publication included relevant information. (7) For the purposes of subsections (3), (5) and (6), a matter is established if— (a) evidence adduced is enough to raise an issue as to whether that is the case, and (b) the prosecution does not prove beyond reasonable doubt that it is not the case. (8) For the purposes of subsections (3), (4)(a)(ii) and (5)(a), that a person was aged 18 or over is established only if the person charged with the offence took reasonable steps to establish the person’s age. (9) For the purposes of subsection (4)(a), consent which purports to be specific to a particular publication may be taken to be consent to publication generally. (10) For the purposes of subsections (3) to (6), where a person is charged with an offence by virtue of subsection (2), references to the publication of relevant information include references to the attempted publication of that information. (11) In this section— - “consent” means free agreement, - “relevant information” means information the publication of which is restricted under section 106A(1). (106E) (1) This section applies where— (a) an offence under section 106D is committed by a relevant organisation, and (b) the commission of the offence— (i) involves consent or connivance, or (ii) is attributable to neglect, on the part of a responsible individual. (2) The responsible individual (as well as the relevant organisation) commits the offence. (3) For the purposes of this section— (a) “relevant organisation” means an organisation listed in the first column of the table in subsection (4), (b) “responsible individual” means, in relation to a relevant organisation— (i) an individual falling within the corresponding entry in the second column of that table, or (ii) an individual purporting to act in the capacity of an individual falling within the corresponding entry. (4) The table is as follows—

*Relevant organisation*	*Responsible individual*
a company as mentioned in section 1 of the Companies Act 2006	a director, manager, secretary or other similar officer
a company as mentioned in section 1 of the Companies Act 2006	a member, where the company’s affairs are managed by its members
a limited liability partnership	a member
a partnership other than a limited liability partnership	a partner
any other body or association	an individual who is concerned in the management or control of the body’s or association’s affairs

(106F) (1) Nothing in section 106D makes the Crown criminally liable. (2) The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1). (3) Subsection (1) does not affect the criminal liability of persons in the service of the Crown.

(3) The 1995 Act is amended as follows.

(4) In section 47 (restriction on report of proceedings involving children)—

(a) in subsection (1), after “below” insert “and to section 47A”,

(b) in subsection (2), after “below” insert “and to section 47A”.

(5) After that section insert—

(47A) (1) This section applies where— (a) proceedings are taken against any person in respect of an offence listed in section 106A(5) of the Criminal Justice (Scotland) Act 2016 (a “listed offence”), and (b) the person who is the victim of the offence is aged under 18. (2) Section 47— (a) does not apply in relation to the person who is the victim of the listed offence in respect of that offence, (b) otherwise continues to apply in respect of the proceedings. (3) In this section, “offence” and “victim of the offence” are to be construed in accordance with section 106A(8) of the 2016 Act.

Restrictions on evidence relating to sexual offences

105

(1) The 1995 Act is amended as follows.

(2) In section 274 (restrictions on evidence relating to sexual offences)—

(a) in subsection (1), for “charged with an offence to which section 288C of this Act” substitute “to whom subsection (1A)”,

(b) after subsection (1), insert—

(1A) This subsection applies to— (a) a person charged with an offence to which section 288C applies, (b) a person charged with an offence to which section 288DC(1)(a) applies, where it is apparent from the offence as charged that the alleged abusive behaviour included behaviour that could constitute an offence to which section 288C applies, (c) a person charged with an offence in connection with which a docket is included in the indictment or complaint— (i) under section 288BA, or (ii) under rule of law but only if the alleged behaviour specified in the docket included behaviour that could constitute an offence to which section 288C applies.

“complainer” means—in the trial of a person charged with an offence to which section 288C or 288DC(1)(a) applies, the person against whom that offence is alleged to have been committed, orin the trial of a person charged with an offence in connection with which a docket is included in the indictment or complaint, the person in relation to whom the act or omission specified in the docket is alleged to have been carried out, and

Independent legal representation for complainers

Applications to admit certain evidence relating to sexual offences: rights of complainers

106

(1) The 1995 Act is amended as follows.

(2) In section 275 (exceptions to restrictions under section 274)—

(a) after subsection (4) insert—

(4A) The prosecutor (whether the party making the application or otherwise) must, as soon as reasonably practicable after the application is made— (a) notify the complainer that an application for the purposes of subsection (1) has been made, (b) give the complainer an explanation of the application, of the evidence sought to be admitted and, as the case may be, of the questioning proposed to be allowed, (c) give the complainer information about the rights mentioned in section 275ZA.

(b) after subsection (9) insert—

(10) In subsection (4A) and in sections 275ZA to 275ZC— - “complainer” has the same meaning as in section 274 except that it does not include a person who is deceased, - “legal representative” means—a solicitor,an advocate, ora solicitor who has a right of audience in the High Court of Justiciary under section 25A of the Solicitors (Scotland) Act 1980.

(3) After section 275 insert—

(275ZA) (1) This section applies where an application is made for the purposes of section 275(1). (2) Where the complainer engages a legal representative for purposes relating to the application, the complainer’s legal representative must give the court and the prosecutor notice of that fact— (a) as soon as reasonably practicable after being so engaged, and (b) in writing. (3) The complainer’s legal representative is, on giving notice to the prosecutor under subsection (2), entitled to be given an opportunity to make representations to the court in relation to the application, including as to— (a) the accuracy of any statements made in it, and (b) whether the evidence sought to be admitted or questioning proposed should be admitted or, as the case may be, allowed. (4) Where the complainer’s legal representative withdraws or is dismissed by the complainer, the legal representative must give the court and the prosecutor notice of that fact— (a) as soon as reasonably practicable after withdrawing or being dismissed, and (b) in writing. (5) For the purposes of subsections (2) and (4), notice is given to the prosecutor if it is given to— (a) in proceedings in the High Court or Sexual Offences Court, the Crown Agent, (b) in any other proceedings, the procurator fiscal for the district in which the trial diet is to be held. (275ZB) (1) The prosecutor must, where given notice under section 275ZA(2), send to the complainer’s legal representative as soon as reasonably practicable— (a) a copy of the application made for the purposes of section 275(1), (b) a copy of the complaint or, as the case may be, indictment to the extent that it relates to the application. (2) Where, after receipt of the documents mentioned in subsection (1), the complainer’s legal representative requests that the prosecutor provide a copy of any evidence referred to in, or relevant to, the application, the prosecutor must— (a) notify the accused that such a request has been made, and (b) advise the accused of the evidence which has been requested. (3) The prosecutor must send the requested evidence to the complainer’s legal representative as soon as reasonably practicable after the end of the period (“the objection period”) mentioned in subsection (6), unless subsection (7) applies in relation to that particular evidence. (4) Subsection (7) applies in relation to particular evidence if, within the objection period— (a) the accused sends the prosecutor the accused’s objection to that particular evidence being sent or to all of the evidence being sent, or (b) the prosecutor has an objection to that particular evidence being sent or to all of the evidence being sent. (5) For the purposes of this section, an objection sent by the accused to the prosecutor must— (a) be in writing, (b) explain why the accused objects to the evidence being sent, (c) state whether the objection is— (i) only to particular evidence being sent and, if so, specify which particular evidence, or (ii) to all of the evidence being sent. (6) The objection period is the period— (a) beginning on the day after the day on which the accused is notified of the request for evidence, and (b) ending on the earliest of— (i) the day which falls 7 days after the period begins, (ii) if a preliminary hearing, first diet or intermediate diet is to be held, the day which falls two days before the day that hearing or diet is to be held, (iii) if the accused gives the prosecutor written consent to that particular evidence or all of the evidence being sent and the prosecutor has no objection to it being sent, the day on which that written consent is given. (7) Before sending to the complainer’s legal representative any particular evidence in relation to which there is an objection in accordance with subsection (4), the prosecutor must— (a) apply to the court for a ruling on whether the evidence should be sent or the objection upheld, (b) include in the application a copy of the objection to the evidence being sent, (c) send a copy of the application to the accused and the complainer’s legal representative. (8) On an application under subsection (7)(a), the court may, after giving the prosecutor, the accused and the complainer’s legal representative an opportunity to make representations— (a) uphold the objection and refuse to authorise the sending of evidence, (b) require the prosecutor to send the evidence in the form, and subject to any limitations, the court thinks is in the interests of justice. (275ZC) (1) This section applies where, in accordance with section 275ZB, the prosecutor sends the complainer’s legal representative a copy of any evidence referred to in, or relevant to, the application made for the purposes of section 275(1). (2) Subject to any conditions imposed by the court, by virtue of section 275ZB(8), on disclosure of evidence, the complainer and the complainer’s legal representative may use or disclose evidence referred to in subsection (1) for the purposes set out in subsection (3). (3) The purposes are making, or preparing to make, representations to the court in relation to the application, in accordance with section 275ZA(3). (4) A person must not use or disclose evidence referred to in subsection (1) for any purpose other than those set out in subsection (3). (5) Subsection (4) does not apply in relation to the use or disclosure of evidence which is in the public domain at the time of the use or disclosure. (6) A person who knowingly uses or discloses evidence in contravention of subsection (4) commits an offence. (7) A person who commits an offence under subsection (6) is liable— (a) on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both), (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

(4) In section 275B (provisions supplementary to sections 275 and 275A), in subsection (1)—

(a) in paragraph (a), for “7” substitute “21”,

(b) for paragraph (b) substitute—

(b) in the case of proceedings on indictment in the sheriff court, not less than 21 clear days before the first diet, (c) in the case of summary proceedings, not less than 21 clear days before the first intermediate diet or, if no such diet is fixed, the trial diet.

(5) In section 271I (taking of evidence by a commissioner), in subsection (6)(c), for “7” substitute “21”.

(6) In section 74 (appeals in connection with preliminary diets), after subsection (1) insert—

(1A) For the purposes of an appeal under subsection (1) against a decision to grant an application under section 275(1), “party” includes the complainer’s legal representative (within the meaning of section 275(10)).

Non-harassment orders

Circumstances in which non-harassment order must be considered by court

107

(1) The 1995 Act is amended as follows.

(2) In section 234AZA (non-harassment orders: domestic abuse cases)—

(a) in subsection (2)(c), before sub-paragraph (i) insert—

(zi) an offence to which section 288C applies, (zii) stalking, (ziii) an offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016,

(b) in subsection (3)(a), for “in any circumstances” substitute “where the offence is one listed in subsection (2)(c)(zii), (i) or (ii)”,

Part 10 — Non-harassment orders

Non-harassment orders: domestic abuse cases

108

(1) The 1995 Act is modified as follows.

(2) In section 234AZA (non-harassment orders: domestic abuse cases), after subsection (6) insert—

(6A) Where the offence is one listed in subsection (2)(c)(i) or (ii), the court must, in considering the question of whether to make a non-harassment order in the person’s case (including where the person is sentenced to imprisonment or remanded in custody), have regard to any prior bail conditions imposed on the person preventing contact with the victim.

Part 11 — Enforcement of protective orders made outwith Scotland

Offences relating to protective orders made outwith Scotland

109

(1) A person commits an offence if the person knowingly and without reasonable excuse—

(a) does anything which the person is prohibited from doing by a relevant UK order, or

(b) fails to do something which the person is required to do by such an order.

(2) A person commits an offence if the person knowingly and without reasonable excuse aids, abets, counsels, procures or incites another person—

(a) to do anything the other person is prohibited from doing by a relevant UK order, or

(b) to fail to do something which the other person is required to do by such an order.

(3) A person commits an offence under this section only if the conduct or failure to act would have constituted an offence under the law of the country applicable to the relevant UK order concerned (an “equivalent offence”).

(4) A relevant UK order is—

(a) an order under section 42 of the Family Law Act 1996 (non-molestation order),

(b) an order under section 5A of the Protection from Harassment Act 1997 (restraining order on acquittal),

(c) an order under article 20 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6)) (non-molestation order),

(d) an order under section 2 or section 5 of the Stalking Protection Act 2019 (stalking protection order and interim stalking protection order),

(e) an order under section 360 of the Sentencing Act 2020 (restraining order),

(f) an order under section 8 or 11 of the Protection from Stalking Act (Northern Ireland) 2022 (stalking protection order and interim stalking protection order),

(g) any other order under the law of England and Wales or Northern Ireland which—

(i) appears to the Scottish Ministers to be intended to protect persons (including victims, witnesses or, as the case may be, family members of victims or witnesses) from physical or psychological harm (including fear, alarm and distress), and

(ii) is of a type specified in regulations made by the Scottish Ministers.

(5) Subjection to subsection (6), a person who commits an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).

(6) But no sentence may be imposed under subsection (5) if it would exceed the maximum penalty available, in relation to the equivalent offence, under the law of the country applicable to the relevant UK order concerned.

(7) The power of the Scottish Ministers to make regulations under subsection (4)(g)(ii) includes the power—

(a) to make different provision for different purposes,

(b) to make any incidental, supplementary, consequential, transitional, transitory or saving provision which they consider appropriate.

(8) Regulations under subsection (4)(g)(ii) are subject to the affirmative procedure.

Part 12 — Domestic abuse cases

Review in relation to connected proceedings

110

(1) The Scottish Ministers must, within the period of 2 years beginning with the day on which this section comes into force, carry out a review in relation to proceedings for an offence involving domestic abuse where there are any other related or connected proceedings.

(2) The review under subsection (1) must, in particular, consider whether—

(a) more information should be shared between the court dealing with the domestic abuse offence and any other court dealing with related or connected proceedings,

(b) the court dealing with the domestic abuse offence should also have jurisdiction over any related or connected proceedings.

(3) For the purposes of subsection (1), “related or connected proceedings” includes proceedings which may result in a sheriff making an order under section 11 (court orders relating to parental responsibilities etc.) of the Children (Scotland) Act 1995, where the subject of the proceedings is a child of the alleged offender.

(4) As soon as reasonably practicable after completing the review, the Scottish Ministers must—

(a) publish a report of the review,

(b) lay a copy of the report before the Scottish Parliament.

(5) In carrying out the review under subsection (1), the Scottish Ministers must consult—

(a) the Lord President,

(b) the Scottish Courts and Tribunals Service,

(d) such other persons as the Scottish Ministers consider appropriate.

(6) In this section, an “offence involving domestic abuse” means—

(a) an offence under section 1(1) (abusive behaviour towards partner or ex-partner) of the Domestic Abuse (Scotland) Act 2018,

(b) an offence under section 17 (breach of domestic abuse protection order) of the Domestic Abuse (Protection) (Scotland) Act 2021,

(c) any other offence where the offence is aggravated as described in section 1(1)(a) (aggravation where abuse of partner or ex-partner) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016.

Part 13 — Final provisions

Review of operation of Act

111

(1) The Scottish Ministers must, as soon as reasonably practicable after the end of each review period—

(a) undertake a review of the operation of this Act, and

(b) prepare a report—

(i) on that review,

(ii) setting out any changes to the law relating to corroboration in Scotland, whether by enactment or otherwise, which have taken place during the relevant review period, and

(iii) setting out measures taken to improve the experiences of victims and witnesses, in particular women, within the justice system during the relevant review period.

(2) The Scottish Ministers must, as soon as reasonably practicable after preparing the report—

(a) publish the report, and

(b) lay the report before the Scottish Parliament.

(3) In undertaking a review under subsection (1)(a), the Scottish Ministers must consult—

(a) the Lord President,

(b) the Scottish Courts and Tribunals Service,

(d) the Scottish Legal Aid Board,

(e) the Law Society of Scotland,

(f) the Faculty of Advocates,

(g) persons representing the views of victims and witnesses in criminal proceedings, in particular women (or victims and witnesses themselves),

(h) persons providing victim support services, within the meaning of section 3D(5) of the 2014 Act,

(i) persons representing the views of witnesses and parties in civil proceedings, in particular women (or witnesses and parties themselves),

(j) such other persons as the Scottish Ministers consider appropriate.

(4) For the purposes of this section, “review period” means—

(a) the period of 5 years beginning with the day of Royal Assent,

(b) one subsequent period of 5 years.

Regulations

112

(1) Any power of the Scottish Ministers to make regulations under this Act includes the power to make—

(a) incidental, supplementary, consequential, transitional, transitory or saving provision,

(b) different provision for different purposes.

(2) Subject to subjections (3) to (5), regulations under this Act are subject to the affirmative procedure.

(3) Regulations under section 13(5) are subject to the negative procedure.

(4) Regulations under section 113(1)—

(a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act),

(b) otherwise, are subject to the negative procedure.

(5) This section does not apply to regulations under section 116(2).

Ancillary provision

113

(1) The Scottish Ministers may, by regulations, make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.

(2) Regulations under subsection (1) may modify any enactment (including this Act).

Interpretation

114

In this Act—

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995,

“the 2014 Act” means the Victims and Witnesses (Scotland) Act 2014,

“the 2020 Act” means the Children (Scotland) Act 2020,

“trauma-informed practice” is a means of operating that—recognises that a person may have experienced trauma,understands the effects which trauma may have on the person, including how trauma may affect any evidence given by the person, andbased on that understanding, involves adapting and implementing processes and practices to—seek to avoid, or minimise the risk of, exposing the person to any recurrence of past trauma or to further trauma,seek to avoid, or minimise the risk of, negatively impacting the person’s recovery from trauma,enable the person to participate effectively in court proceedings.

Modification of enactments

115

Schedule 5 makes further modifications of enactments in consequence of this Act.

Commencement

116

(1) This section and sections 112, 113, 114 and 117 come into force on the day after Royal Assent.

(2) The other provisions of this Act come into force on such day as the Scottish Ministers may, by regulations, appoint.

(3) Regulations under subsection (2) may—

(a) include transitional, transitory or saving provision,

(b) make different provision for different purposes, including different provision for—

(i) different courts or descriptions of court,

(ii) different proceedings or types of proceedings,

(iii) different descriptions of witness,

Short title

117

The short title of this Act is the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.

Schedule 1

Part 1 — Status and independence

Status

1

(1) The Commissioner is, as Commissioner, to be regarded as a juristic person distinct from the individual for the time being holding the office.

(2) The Commissioner—

(a) is not a servant or agent of the Crown, and

(b) does not enjoy any status, immunity, or privilege of the Crown.

(3) The Commissioner’s property is not to be regarded as property of, or property held on behalf of, the Crown.

(4) Individuals working as the Commissioner’s staff are not, on that account, to be regarded as civil servants.

Independence

2

(1) The Commissioner is not, except as provided in the provisions listed in sub-paragraph (2), subject to the direction or control of—

(a) any member of the Scottish Parliament,

(b) the Scottish Ministers, or

(2) The provisions referred to in sub-paragraph (1) are—

(a) sections 5(2) and (3), 7(2), and 18(5), and

(b) paragraphs 5, 6(3), 8, 9, 10, 11, 12, 13(1), 15(1), 16(1) and (2), 17(1) and (4), and 18(2) of this schedule.

Part 2 — Appointment, termination and terms and conditions

Appointment

3

(1) The office of Commissioner is to be held by an individual appointed by His Majesty on the nomination of the Scottish Parliament.

(2) An individual may not be appointed to hold the office of Commissioner if the individual is disqualified under paragraph 4.

(3) An individual who holds or has held the office of Commissioner may not be reappointed.

Disqualification from appointment

4

An individual is disqualified from holding the office of Commissioner if the individual is or, within the year preceding the date on which the appointment is to take effect, has been—

(a) a member of the Scottish Parliament,

(b) a member of the House of Commons,

(d) a person who is, or who is a member, employee or appointee of, a criminal justice body.

Tenure

5

Subject to paragraph 6, the Commissioner holds office for such period, not exceeding 8 years, as the Parliamentary corporation determines at the time of appointment.

Early termination

6

(1) The Commissioner’s appointment ends if—

(a) the Commissioner is relieved of office by His Majesty at the Commissioner’s request,

(b) the Commissioner becomes disqualified from holding office (see paragraph 4), or

(2) The Commissioner may be removed from office by His Majesty if—

(a) either of the conditions in sub-paragraph (3) is met, and

(b) the number of members voting in favour of the resolution referred to in the condition in question is at least two thirds of the total number of seats for members of the Scottish Parliament.

(3) The conditions are—

(a) that—

(i) the Parliamentary corporation is satisfied that the Commissioner has breached the Commissioner’s terms and conditions of appointment, and

(ii) the Parliament resolves that the Commissioner should be removed from office for that breach,

(b) the Parliament resolves that it has lost confidence in the Commissioner’s willingness, suitability or ability to perform the Commissioner’s functions.

Validity of things done

7

The validity of anything done by the Commissioner is not affected by—

(a) a defect in the nomination of the Commissioner,

(b) the disqualification of an individual as the Commissioner after appointment.

Remuneration and pensions, etc.

8

(1) The Parliamentary corporation may pay the Commissioner such remuneration and allowances (including expenses) as the Parliamentary corporation determines.

(2) The Parliamentary corporation must indemnify the Commissioner in respect of any liabilities incurred by the Commissioner in the exercise of the Commissioner's functions.

(3) The Parliamentary corporation may pay, or make arrangements for the payment of, such pensions, allowances and gratuities to, or in respect of, any individual who holds or has held the office of Commissioner as the Parliamentary corporation determines.

(4) Those arrangements may include—

(a) making payments towards the provision of those pensions, allowances and gratuities,

(b) providing and maintaining schemes for the payment of those pensions, allowances and gratuities.

(5) The reference in sub-paragraph (3) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Other terms and conditions

9

(1) The Parliamentary corporation may, subject to any provision made by this Act, determine the terms and conditions on which the Commissioner is appointed.

(2) Those terms and conditions may—

(a) prohibit the Commissioner from holding any other specified office, employment or appointment or engaging in any other specified occupation,

(b) provide that the Commissioner's holding of any such office, employment or appointment or engagement in any such occupation is subject to the approval of the Parliamentary corporation.

(3) In sub-paragraph (2)(a), “specified” means specified (by name or description) in the Commissioner's terms and conditions.

Temporary appointments

10

(1) This paragraph applies during any period when—

(a) the office of Commissioner is vacant, or

(b) the individual holding the office is for any reason unable to perform the Commissioner's functions.

(2) The Parliamentary corporation may appoint an individual to act as the Commissioner during that period.

(3) An individual is eligible for appointment under sub-paragraph (2) only if the individual is not—

(a) prevented from being reappointed to the office of Commissioner by virtue of paragraph 3(3),

(b) disqualified from holding the office of Commissioner under paragraph 4.

(4) An individual appointed under sub-paragraph (2)—

(a) is appointed on such terms and conditions, and for such period, as the Parliamentary corporation determines,

(b) while acting as Commissioner is to be treated as the Commissioner for all purposes except those of paragraphs 5, 6, and 8(3).

(5) An appointment under sub-paragraph (2) ends if—

(a) the individual is relieved of office by the Parliamentary corporation at the individual's request, or

(b) the individual is removed from office by the Parliamentary corporation by notice in writing.

Part 3 — Staff and offices

Appointment of staff

11

The Commissioner may, with the consent of the Parliamentary corporation as to numbers, appoint staff.

Staff terms and conditions

12

Staff appointed by the Commissioner are appointed on such terms and conditions as the Commissioner, with the approval of the Parliamentary corporation, determines.

Staff pensions

13

(1) The Commissioner may, with the approval of the Parliamentary corporation, pay or make arrangements for the payment of pensions, allowances and gratuities to, or in respect of, any individual who is or has been a member of staff of the Commissioner.

(2) Those arrangements may include—

(a) making payments towards the provision of those pensions, allowances and gratuities,

(b) providing and maintaining schemes for the payment of those pensions, allowances and gratuities.

(3) The reference in sub-paragraph (1) to pensions, allowances and gratuities includes pensions, allowances and gratuities by way of compensation for loss of office.

Authority to perform functions

14

(1) The Commissioner may authorise any person to perform such of the Commissioner's functions (and to such extent) as the Commissioner determines.

(2) The giving of authority under sub-paragraph (1) does not—

(a) affect the Commissioner's responsibility for the performance of the functions,

(b) prevent the Commissioner from performing the functions.

Duty to comply with directions

15

(1) The Commissioner must comply with any direction given to the Commissioner by the Parliamentary corporation in relation to—

(a) the location of the Commissioner’s office,

(b) the sharing of premises, staff, services or other resources with any other officeholder or any public body.

(2) A direction under this section may vary or revoke a previous direction.

(3) The Parliamentary corporation is to make any direction under this section publicly available.

Part 4 — Accounts and accountability

Budget

16

(1) The Commissioner must, before the start of each financial year—

(a) prepare proposals for the Commissioner’s use of resources and expenditure during the year (a “budget”), and

(b) by such date as the Parliamentary corporation determines, send the budget to it for approval.

(2) The Commissioner may, in the course of a financial year, prepare a revised budget for the remainder of the year and send it to the Parliamentary corporation for approval.

(3) In preparing a budget or revised budget, the Commissioner must ensure that the Commissioner’s resources will be used economically, efficiently and effectively.

(4) A budget or revised budget must contain a statement confirming that the Commissioner has complied with the duty under sub-paragraph (3).

Accountable officer

17

(1) The Parliamentary corporation must designate the Commissioner or a member of the Commissioner’s staff as the accountable officer.

(2) The functions of the accountable officer are—

(a) signing the accounts of the expenditure and receipts of the Commissioner,

(b) ensuring the propriety and regularity of the finances of the Commissioner,

(d) where the accountable officer is not the Commissioner, the duty set out in sub-paragraph (3).

(3) The duty referred to in sub-paragraph (2)(d) is a duty, where the accountable officer is required to act in a way that the accountable officer considers would be inconsistent with the proper performance of the functions specified in sub-paragraph (2)(a) to (c), to—

(a) obtain written authority from the Commissioner before taking the action, and

(b) send a copy of that authority as soon as possible to the Auditor General for Scotland.

(4) The accountable officer is answerable to the Scottish Parliament for the performance of the functions specified in sub-paragraph (2).

Accounts and audit

18

(1) The Commissioner must—

(a) keep proper accounts and accounting records,

(b) prepare in respect of each financial year a statement of accounts, and

(2) The Commissioner must comply with any directions from the Scottish Ministers in relation to the matters mentioned in sub-paragraph (1)(a) and (b).

(3) The Commissioner must make the audited statement of accounts available, without charge, for inspection by any person upon request.

Schedule 2

Scottish Public Services Ombudsman Act 2002

1

In Part 2 of schedule 2 of the Scottish Public Services Ombudsman Act 2002 (other Scottish public authorities liable to investigation), after paragraph 54 insert—

(54ZA) The Victims and Witnesses Commissioner for Scotland.

Freedom of Information (Scotland) Act 2002

2

In Part 7 of schedule 1 of the Freedom of Information (Scotland) Act 2002 (Scottish public authorities to which the Act applies), after paragraph 105, insert—

(105ZA) The Victims and Witnesses Commissioner for Scotland.

Public Services Reform (Scotland) Act 2010

3

In schedule 5 of the Public Services Reform (Scotland) Act 2010 (Scottish public authorities with mixed or no reserved functions to which Part 2 order-making powers apply), after the entry relating to the Standards Commission for Scotland, insert— “Victims and Witnesses Commissioner for Scotland”.

Public Records (Scotland) Act 2011

4

In the schedule of the Public Records (Scotland) Act 2011 (other authorities to which Part 1 applies), before the entry relating to VisitScotland, insert—

Victims and Witnesses Commissioner for Scotland

Procurement Reform (Scotland) Act 2014

5

In Part 3 of the schedule of the Procurement Reform (Scotland) Act 2014 (other contracting authorities to which the Act applies), after paragraph 67 insert—

(67A) Victims and Witnesses Commissioner for Scotland

Schedule 3

Part 1 — Right of eligible persons to receive information in event of death or incapacity of victim

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.

(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).

(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) (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)”.

Part 2 — Notification of individual other than supporter to receive information

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”,

(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”—means any type of service or treatment which is intended to benefit the physical or mental health or wellbeing of P, andincludes—providing P with information (including information provided under subsection (3)),assisting P with safety planning,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”,

(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”,

(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””,

(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) (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”,

(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”,

(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”.

Schedule 4

Part 1 — Crimes at common law

Crimes at common law

1

Rape.

2

Clandestine injury to woman.

3

Abduction of woman or girl with intent to rape.

4

Assault with intent to rape or ravish.

5

Indecent assault.

6

Lewd, indecent or libidinous behaviour or practices.

7

Sodomy, unless every person involved in the offence was 16 or over and was a willing participant.

Part 2 — Statutory offences

Offences under the Mental Health (Scotland) Act 1984

8

An offence under any of the following provisions of the Mental Health (Scotland) Act 1984—

(a) section 106 (protection of mentally handicapped females),

(b) section 107 (protection of patients).

Offences under the Criminal Law (Consolidation) (Scotland) Act 1995

9

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995—

(a) section 1 (incest),

(b) section 2 (intercourse with a stepchild),

(d) section 5 (intercourse with girl under 16),

(e) section 6 (indecent behaviour towards girl between 12 and 16),

(f) section 8 (abduction of girl under 18 for purposes of unlawful intercourse),

(g) section 10 (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16).

Offence under the Sexual Offences (Amendment) Act 2000

10

An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).

Offences under the Mental Health (Care and Treatment) (Scotland) Act 2003

11

An offence under any of the following provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003—

(a) section 311(1) (non-consensual sexual acts),

(b) section 311(3) (persons providing care services: sexual offences).

Offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005

12

An offence under section 1 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (female genital mutilation).

Offences under the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

13

An offence under any of the following provisions of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005—

(a) section 1 (meeting a child following certain preliminary contact),

(b) section 9 (paying for sexual services of a child),

(d) section 11 (controlling a child providing sexual services or involved in pornography),

(e) section 12 (arranging or facilitating provision by child of sexual services or child pornography).

Offences under the Sexual Offences (Scotland) Act 2009

14

(1) An offence under any of the following provisions of Part 1 of the Sexual Offences (Scotland) Act 2009 (rape etc.)—

(a) section 1 (rape),

(b) section 2 (sexual assault by penetration),

(d) section 4 (sexual coercion),

(e) section 5 (coercing a person into being present during a sexual activity),

(f) section 6 (coercing a person into looking at a sexual image),

(g) section 7(1) (communicating indecently),

(h) section 7(2) (causing a person to see or hear an indecent communication),

(i) section 8 (sexual exposure),

(j) section 9 (voyeurism),

(k) section 11 (administering a substance for a sexual purpose).

(2) An offence under any of the following provisions of Part 4 of the Sexual Offences (Scotland) Act 2009 (children)—

(a) section 18 (rape of a young child),

(b) section 19 (sexual assault on a young child by penetration),

(d) section 21 (causing a young child to participate in a sexual activity),

(e) section 22 (causing a young child to be present during a sexual activity),

(f) section 23 (causing a young child to look at a sexual image),

(g) section 24(1) (communicating indecently with a young child),

(h) section 24(2) (causing a young child to see or hear an incident communication),

(i) section 25 (sexual exposure to a young child),

(j) section 26 (voyeurism towards a young child),

(k) section 28 (having intercourse with an older child),

(l) section 29 (engaging in penetrative sexual activity with or towards an older child),

(m) section 30 (engaging in sexual activity with or towards an older child),

(n) section 31 (causing an older child to participate in a sexual activity),

(o) section 32 (causing an older child to be present during a sexual activity),

(p) section 33 (causing an older child to look at a sexual image),

(q) section 34(1) (communicating indecently with an older child),

(r) section 34(2) (causing an older child to see or hear an indecent communication),

(s) section 35 (sexual exposure to an older child),

(t) section 36 (voyeurism towards an older child),

(u) section 37(1) (engaging while an older child in sexual conduct with or towards another older child),

(v) section 37(4) (engaging while an older child in consensual sexual conduct with another older child).

(3) An offence under any of the following provisions of Part 5 of the Sexual Offences (Scotland) Act 2009—

(a) section 42 (sexual abuse of trust),

(b) section 46 (sexual abuse of trust of a mentally disordered person).

(4) Any of the following offences set out in schedule 3 of the Sexual Offences (Scotland) Act 2009—

(a) abduction with intent to commit rape under section 1 (rape),

(b) abduction with intent to commit rape under section 18 (rape of a young child),

(d) assault with intent to commit rape under section 18 (rape of a young child).

Offence under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016

15

An offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (disclosing, or threatening to disclose, an intimate photograph or film).

Offence under the Domestic Abuse (Scotland) Act 2018

16

An offence under section 1(1) of the Domestic Abuse (Scotland) Act 2018 (abusive behaviour towards partner or ex-partner), where it is apparent from the offence as charged in the indictment that there was a substantial sexual element present in the alleged commission of the offence.

Offences under the Health and Care Act 2022

17

An offence under any of the following provisions of the Health and Care Act 2022—

(a) section 140 (virginity testing),

(b) section 141 (offering to carry out virginity testing),

(d) section 152 (hymenoplasty),

(e) section 153 (offering to carry out hymenoplasty),

(f) section 154 (aiding or abetting etc. a person to carry out hymenoplasty).

Schedule 5

Legal Aid (Scotland) Act 1986

1

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

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