Victims, Witnesses, and Justice Reform (Scotland) Act 2025
Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (2025 asp 12)
- Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (2025 asp 12)
- Part 1 Victims and Witnesses Commissioner for Scotland
- Establishment
- 1 Victims and Witnesses Commissioner for Scotland
- Functions and powers
- 2 Functions
- 3 Civil function
- 4 Engagement
- 5 Advisory group
- 6 Power to work with others
- 7 General powers
- 8 Restriction on exercise of functions
- Victims’ charter
- 9 Victims’ charter
- Strategic plan
- 10 Strategic plan
- Investigations
- 11 Carrying out investigations
- 12 Initiation and conduct of investigation
- 13 Investigations: witnesses and documents
- 14 Reports on investigations
- Information gathering
- 15 Power to gather information
- 16 Failure to supply required information
- 17 Offence of Commissioner disclosing confidential information
- Annual report
- 18 Annual Report
- 19 Requirement to respond to annual report
- 20 Publication of responses to annual report
- Miscellaneous
- 21 Reports
- 22 Protection from actions of defamation
- Co-operation with Commissioner
- 23 Co-operation with Commissioner
- Application of public authorities legislation
- 24 Application of public authorities legislation
- Interpretation of Part
- 25 Interpretation of Part
- Part 2 Trauma-informed practice
- Principle of trauma-informed practice
- 26 Principle of trauma-informed practice
- Conduct of proceedings in accordance with trauma-informed practice
- 27 Criminal courts: conduct of proceedings
- 28 Civil courts: conduct of proceedings
- 29 Fatal accident inquiries: conduct of proceedings
- Duty to have regard to principle of trauma-informed practice
- 30 Scheduling of business in Scottish courts
- 31 Scheduling of business in sheriff courts and the Sheriff Appeal Court
- 32 Scheduling of business in justice of the peace courts
- Part 3 Victims’ rights to receive information and to give views
- 33 Victim’s right to information about plea agreements, etc.
- 34 Victims’ right to be informed of decision not to prosecute or to discontinue proceedings
- 35 Single victim notification system
- 36 Right of eligible persons to receive information in event of death or incapacity of victim
- 37 Victim notification and right to make representations where offender is a child
- 38 Provision of information where victim is a child
- 39 Notification of individual other than supporter to receive information
- 40 Transfers of convicted persons
- 41 Additional information to be provided to victims
- 42 Powers to modify information to be given and right to make representations
- 43 Co-operation with the Scottish Ministers for the purposes of sharing information with victims
- 44 Standards of service
- 45 Victim’s right to receive information concerning offender subject to compulsion order by virtue of cross-border transfer
- 46 Information to be given concerning offender subject to compulsion order
- 47 Victim’s right to receive information under section 17D after representations
- 48 Conditional discharge: relevant conditions
- 49 Suspension from detention within hospital grounds
- 50 Victim statements in solemn proceedings
- 51 Provision of transcript of record of trial to certain complainers
- 52 Right to referral by Police Scotland to victim support services
- 53 Release on licence: reasons for decisions
- 54 Review of victim’s right to receive information on fixed penalties
- Part 4 Release of prisoners
- 55 Parole Board rules: decisions where prisoner has information about victim’s remains
- 56 Parole Board rules: safety and security of victims and victims’ family
- 57 Licence conditions: exclusion zones
- Part 5 Special measures in civil cases
- Vulnerable witnesses
- 58 Vulnerable witnesses
- 59 Prohibition on personal conduct of case
- 60 Register of solicitors for section 22B of the Vulnerable Witnesses (Scotland) Act 2004
- Vulnerable parties
- 61 Vulnerable parties
- Part 6 Criminal juries and verdicts
- Solemn proceedings
- 62 Jury size and quorum
- 63 Form of jury affirmation
- 64 Jury service: assistance for jurors with communication
- 65 Verdict of guilty or not guilty and majority required for guilty verdict
- Summary proceedings
- 66 Verdict of guilty or not guilty
- Research into juries
- 67 Research into juries
- 68 Research into juries by or on behalf of the Scottish Ministers: duty to report
- Part 7 Sexual Offences Court
- Chapter 1 Establishment, jurisdiction and Judges of the Sexual Offences Court
- Establishment
- 69 Sexual Offences Court
- Jurisdiction and competence
- 70 Jurisdiction and competence: general
- 71 Jurisdiction: sexual offences
- Judges of the Sexual Offences Court
- 72 Judges of the Sexual Offences Court: Lord Commissioners of Justiciary and temporary judges
- 73 Judges of the Sexual Offences Court: re-employment of former judges
- 74 Appointment of Judges of the Sexual Offences Court
- 75 Remuneration and expenses of Judges of the Sexual Offences Court
- Chapter 2 Organisation of business
- President and Vice President of the Sexual Offences Court
- 76 President and Vice President of the Sexual Offences Court
- 77 President and Vice President: incapacity and suspension
- Disposal of business
- 78 President’s responsibility for efficient disposal of business
- Sittings
- 79 Sittings of the Sexual Offences Court
- Transfer of cases
- 80 Transfer of cases to the Sexual Offences Court
- 81 Transfer of cases from the Sexual Offences Court
- Rights of audience
- 82 Rights of audience: solicitors
- 83 Rights of audience: advocates
- 84 Statement of training requirement for prosecutors
- 85 Rights of audience: review
- Chapter 3 Administration
- Clerks
- 86 Clerk of the Sexual Offences Court
- 87 Deputy Clerks of the Sexual Offences Court
- 88 Clerk and Deputy Clerks: further provisions
- Sexual Offences Court records
- 89 Sexual Offences Court records
- 90 Sexual Offences Court records: authentication and electronic form
- Chapter 4 Procedure
- Procedure
- 91 Sexual Offences Court procedure
- Prohibition on personal conduct of defence
- 92 Prohibition on personal conduct of defence
- Ground rules hearings
- 93 Ground rules hearings
- Pre-recording of evidence
- 94 Pre-recording of evidence
- 95 Taking of evidence by a commissioner
- 96 Admission of the record of a prior examination of vulnerable complainer as evidence
- 97 Giving evidence in the form of a prior statement
- Art and part and aiding and abetting
- 98 Statutory offences: art and part and aiding and abetting
- Sentencing
- 99 Sentencing power of the Sexual Offences Court
- Double jeopardy
- 100 Exception to rule against double jeopardy in the Sexual Offences Court: new evidence
- Part 8 Special measures for vulnerable witnesses under the 1995 Act
- 101 Vulnerable witnesses under the 1995 Act: admission of the record of a prior examination as evidence in full
- 102 Child witnesses under the 1995 Act: exception to presumption in favour of special measures
- 103 Vulnerable witnesses under the 1995 Act: supplementary provision in relation to child witnesses
- Part 9 Sexual offences cases: further reform
- Anonymity for victims
- 104 Sexual offences cases: anonymity and restriction on publications
- Restrictions on evidence relating to sexual offences
- 105 Restrictions on evidence relating to sexual offences
- Independent legal representation for complainers
- 106 Applications to admit certain evidence relating to sexual offences: rights of complainers
- Non-harassment orders
- 107 Circumstances in which non-harassment order must be considered by court
- Part 10 Non-harassment orders
- 108 Non-harassment orders: domestic abuse cases
- Part 11 Enforcement of protective orders made outwith Scotland
- 109 Offences relating to protective orders made outwith Scotland
- Part 12 Domestic abuse cases
- 110 Review in relation to connected proceedings
- Part 13 Final provisions
- 111 Review of operation of Act
- 112 Regulations
- 113 Ancillary provision
- 114 Interpretation
- 115 Modification of enactments
- 116 Commencement
- 117 Short title
- Schedule 1 The office of Victims and Witnesses Commissioner for Scotland
- Part 1 Status and independence
- Status
- Independence
- Part 2 Appointment, termination and terms and conditions
- Appointment
- Disqualification from appointment
- Tenure
- Early termination
- Validity of things done
- Remuneration and pensions, etc.
- Other terms and conditions
- Temporary appointments
- Part 3 Staff and offices
- Appointment of staff
- Staff terms and conditions
- Staff pensions
- Authority to perform functions
- Duty to comply with directions
- Part 4 Accounts and accountability
- Budget
- Accountable officer
- Accounts and audit
- Schedule 2 Application of public authorities legislation to the office of Victims and Witnesses Commissioner for Scotland
- Scottish Public Services Ombudsman Act 2002
- Freedom of Information (Scotland) Act 2002
- Public Services Reform (Scotland) Act 2010
- Public Records (Scotland) Act 2011
- Procurement Reform (Scotland) Act 2014
- Schedule 3 Victim Notification Scheme
- Part 1 Right of eligible persons to receive information in event of death or incapacity of victim
- Part 2 Notification of individual other than supporter to receive information
- Schedule 4 Sexual offences
- Part 1 Crimes at common law
- Crimes at common law
- Part 2 Statutory offences
- Offences under the Mental Health (Scotland) Act 1984
- Offences under the Criminal Law (Consolidation) (Scotland) Act 1995
- Offence under the Sexual Offences (Amendment) Act 2000
- Offences under the Mental Health (Care and Treatment) (Scotland) Act 2003
- Offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005
- Offences under the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
- Offences under the Sexual Offences (Scotland) Act 2009
- Offence under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016
- Offence under the Domestic Abuse (Scotland) Act 2018
- Offences under the Health and Care Act 2022
- Schedule 5 Minor and consequential modifications
- Legal Aid (Scotland) Act 1986
- Judiciary and Courts Scotland Act 2008
- Courts Reform (Scotland) Act 2014
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