Criminal Justice (Scotland) Act 2003 (asp 7)

Part 2 S Victims' rights

[F1 17DA Section 17B decision: provision of information to person supporting victim S

(1) This section applies where—

(a) a person entitled to receive information under section 17D (the “victim”) intimates to the Scottish Ministers that a person to whom subsection (2) applies (the “supporter”) is to receive, as well as or instead of the victim, the information, or

(b) a supporter intimates to the Scottish Ministers that they wish to receive that information and Ministers are satisfied that the victim consents to the supporter receiving 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 the person referred to in section 17B as O has been made subject to—

(i) a hospital direction,

(ii) a transfer for treatment direction, or, as the case may be,

(iii) a compulsion order and a restriction order.

(3) The Scottish Ministers must, unless they consider that there are exceptional circumstances which make it inappropriate to do so, inform the supporter that the decision under section 17B has been taken.

(4) Subsection (5) applies where—

(a) in accordance with subsection (3), the Scottish Ministers have informed the supporter that the Tribunal has decided to make an order revoking a compulsion order or restriction order, and

(b) by virtue of section 196 of the Mental Health Act, the Tribunal's order does not have effect because the Court of Session has made an order under section 323(1) of that Act.

(5) The Scottish Ministers must—

(a) inform the supporter that the Court of Session has made an order under section 323(1) of the Mental Health Act, and

(b) give the supporter the information that they would have had to give the supporter by virtue of section 16C(4) had the Court not made that order.

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

(7) 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. 17DA inserted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(6), 18(2); S.S.I. 2024/145, reg. 2(1)