Criminal Justice (Scotland) Act 2003

[F1 16D Provision of information concerning offender subject to compulsion order to person supporting victim S

(1) This section applies where—

(a) a person entitled to ask to be given information under section 16A (the “victim”) intimates to the Scottish Ministers that a person to whom subsection (2) applies (the “supporter”) is to be given, as well as or instead of the victim, the information described in section 16C about the person referred to in section 16A as O, or

(b) a supporter intimates to the Scottish Ministers that they wish to be given that information and Ministers are satisfied that the victim consents to the supporter being given the information.

(2) This subsection applies to a person—

(a) of a description prescribed by the Scottish Ministers by regulations, and

(b) who is providing support services to the victim in relation to the offence in respect of which O has been made subject to a compulsion order and a restriction order.

(3) The Scottish Ministers must give the information about O described in section 16C to the supporter.

(4) But the Scottish Ministers—

(a) need not give the supporter information under this section if they consider there to be exceptional circumstances which make it inappropriate to do so,

(b) are not to give the supporter information about the terms of a condition in accordance with section 16C(2)(h) unless the condition is relevant to the victim as described in section 18A(3).

(5) Subsection (3) does not apply where O has not attained the age of 16 years.

(6) If the compulsion order or restriction order to which O has been made subject is revoked, subsection (3) ceases to apply when the Scottish Ministers give the victim or, as the case may be, the supporter the information that—

(a) the order has been revoked, and

(b) the decision to revoke it is final.

(7) In this section, “support services” has the same meaning as in section 16ZA(5).

(8) Regulations under subsection (2)(a)—

(a) may—

(i) include incidental, supplementary, consequential, transitional, transitory or saving provision,

(ii) modify enactments (including this Act),

(b) which add to, replace or omit any part of the text of an Act are subject to the affirmative procedure,

(c) are otherwise subject to the negative procedure.]

Textual Amendments

F1 S. 16D inserted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(3), 18(2); S.S.I. 2024/145, reg. 2(1)