http://www.legislation.gov.uk/id/asp/2003/7

http://www.legislation.gov.uk/asp/2003/7/section/18A

Criminal Justice (Scotland) Act 2003

An Act of the Scottish Parliament to make provision in relation to criminal justice, criminal procedure and evidence in criminal proceedings; to make provision as to the arrest, sentencing, custody and release of offenders and the obtaining of reports in relation to offenders; to make provision for the provision of assistance by local authorities to persons who are arrested and are in police custody or who are subject to a deferred sentence and for the making of grants to local authorities exercising jointly certain functions in relation to offenders and other persons; to make provision for the protection of the public at large from persons with a propensity to commit certain offences and for the establishment of the Risk Management Authority; to make provision for the granting of certain rights to the victims of crime; to make provision as to the jurisdiction of courts and the designation of certain courts as drugs courts; to make provision in relation to the physical punishment of children; to create offences in connection with traffic in prostitution or for purposes connected with pornography; to make provision as to the criminal law as it relates to bribery and the acceptance of bribes; to make provision in relation to criminal legal assistance; to require the aggravation of an offence by religious prejudice to be taken into account in sentencing; to make provision as respects police ranks and the powers and duties of certain civilians employed by police authorities; to make provision for the disqualification of convicted persons from jury service in both criminal and civil proceedings and for the separation of juries after retiral; to make provision for the use of live television links between prisons and courts; to make provision in relation to warrants to search; to amend Part V of the Police Act 1997 in its application to Scotland; to make provision in relation to the prohibition of certain matters in respect of cases referred to the Principal Reporter; to amend the law relating to penalties for wildlife offences; and for connected purposes.

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Criminal Justice (Scotland) Act 2003

specified provision(s) and purposes

The Criminal Justice (Scotland) Act 2003 (Commencement No. 2) Order 2003

art. 2

Sch.

Part 2Victims' rights

18AF1Interpretation of Part

1

In this Part—

“Mental Health Act” means the Mental Health (Care and Treatment) (Scotland) Act 2003,
“Mental Health Tribunal” means the Mental Health Tribunal for Scotland,
“transfer for treatment direction” means a direction made under section 136 of the Mental Health Act.

2

A reference in this Part—

a

to a certificate under the Mental Health Act which suspends a person's detention and does not impose a supervision requirement is to a certificate under subsection (2) of section 224 of that Act which does not include a condition under subsection (7)(a) of that section,

b

to such a certificate being granted for the first time is to such a certificate being granted for the first time—

i

since the person was detained under the particular order or direction which authorises the person's detention in a hospital (or would do, but for the certificate's being granted), or

ii

in a case where the person, while subject to that order or direction, has been recalled to hospital under section 202 of the Mental Health Act, since the person was so recalled (or most recently so recalled if it has happened more than once).

3

For the purposes of sections 16A(3)(b) F3, 16D(4)(b) and 17B(5)(c), a condition is relevant to a person (“V”) F4or, as the case may be, a supporter if—

a

the condition is a restriction on the person referred to in the section in question as O contacting an individual or being in a place, and

b

V has made a valid request to the Scottish Ministers to be informed about any condition which restricts O from—

i

contacting that individual, or (as the case may be)

ii

being in that place or any wider area within which the place in question falls.

4

The Scottish Ministers may treat a request as invalid for the purposes of subsection (3) if or so far as—

a

it is a request to be informed about any condition which restricts O from being in a place, and

b

the place referred to in the request—

i

is not one which V or any member of V's family is regularly at or in, or

ii

covers an unreasonably large area having regard to the places where V and members of V's family regularly go.

F25

In this section, “supporter” is to be construed in accordance with section 16D or, as the case may be, 17DA.