Victims and Witnesses (Scotland) Act 2014 (asp 1)

Release of offender: victim's rights S

27 Victim's right to receive information about release of offender etc. S

In section 16 of the 2003 Act (victim's right to receive information about release of offender etc.)—

(a) in subsection (1), for the words from “a”, where it first occurs, to “offence)” substitute “ an offence ”, and

(b) in subsection (3), for paragraph (d) substitute—

“(d) that the convicted person is for the first time entitled to be considered for temporary release by virtue of rules under section 39(6) of the 1989 Act,”.

Commencement Information

I1 S. 27 in force at 13.8.2014 by S.S.I. 2014/210, art. 2, Sch. (with art. 3)

[F1 27A. Notification of victims in relation to release etc. of short term prisoners S

(1) Where a person (“A”) is sentenced to imprisonment or detention for a period of less than 18 months in respect of an offence, the Scottish Ministers must, if any person who is or appears to be a victim in relation to the offence (“V”) so requests, notify V of A’s—

(a) lawful release, or

(b) escape from prison.

(2) Subsection (1) does not apply where the Scottish Ministers consider that there is an identified risk of harm to A if notification occurs.

(3) Notification for the purposes of subsection (1)—

(a) must include—

(i) the date of the release or escape, and

(ii) in the case of release, any licence conditions which have been imposed on A under the 1989 Act or the 1993 Act for the protection of V,

(b) must be given—

(i) where the request is made before release or escape, as soon as reasonably practicable after the release or escape occurs,

(ii) where the request is made after the release or escape, as soon as reasonably practicable after the request is made.

(4) In this section—

• “the 1989 Act ” means the Prisons (Scotland) Act 1989 ,

• “the 1993 Act ” means the Prisoners and Criminal Proceedings (Scotland) Act 1993 ,

• [F2 “lawful release” means release under or by virtue of the 1989 Act or the 1993 Act , other than temporary release,]

• [F2 “lawful release” means release under or by virtue of—

  (a)

  the 1989 Act (other than temporary release),

  (b)

  the 1993 Act, or

  (c)

  regulations made under paragraph 19(1) of schedule 4 of the Coronavirus (Scotland) Act 2020,]

• “prison” includes a young offenders institution. ]

Textual Amendments

F1 S. 27A inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 15

F2 Words in s. 27A(4) substituted (temp.) (4.5.2020 at 10.15 a.m.) by virtue of The Criminal Justice (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/137), regs. 1(1), 3

[F3 27B Provision of information to person supporting victim S

(1) This section applies where—

(a) a person entitled to receive information under section 27A (“V”) 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 V, the information described in section 27A(1) in relation to the person sentenced to imprisonment or detention (“A”), or

(b) a supporter intimates to the Scottish Ministers that they wish to be given that information and Ministers are satisfied that V 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 V in relation to the offence perpetrated against V by A.

(3) The Scottish Ministers must notify the supporter of the matters mentioned in section 27A(1).

(4) Section 27A(2) and (3) apply to notification under subsection (3) as they apply to notification under section 27A(1).

(5) In this section, “support services” has the same meaning as in section 16ZA(5) of the 2003 Act.

(6) Regulations under subsection (2)(a) may—

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

(b) modify enactments (including this Act).

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

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

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

Textual Amendments

F3 S. 27B inserted (26.5.2024) by Bail and Release from Custody (Scotland) Act 2023 (asp 4), ss. 14(12), 18(2); S.S.I. 2024/145, reg. 2(1)

28 Life prisoners: victim's right to make oral representations before release on licence S

In section 17 of the 2003 Act (release on licence: right of victim to receive information and make representations)—

(a) in subsection (1)—

(i) the words from “be”, where it first occurs, to the end become paragraph (a) of the subsection, and

(ii) after that paragraph, add—

“(b) if the convicted person is serving a sentence of life imprisonment, be afforded an opportunity to make oral representations to a member of the Parole Board for Scotland who is not dealing with the convicted person's case as respects such release and as to conditions which might be specified in the licence in question.”,

(b) in subsection (4)—

(i) after “how” insert “ written ”, and

(ii) at the end add “ and how oral representations under that subsection should be made ”,

(c) after subsection (10), insert—

“(10A) In complying with the duty imposed on them by subsection (5), the Scottish Ministers may fix different times in relation to written and oral representations respectively.”, and

(d) after subsection (12), add—

“(13) The Scottish Ministers may by order modify the description or descriptions of convicted person for the time being specified in subsection (1)(b).”.

Commencement Information

I2 S. 28 in force at 13.8.2014 by S.S.I. 2014/210, art. 2, Sch. (with art. 3)

29 Temporary release: victim's right to make representations S

After section 17 of the 2003 Act, insert—

“17A Temporary release: victim's right to make representations about conditions

(1) This section applies where by virtue of subsection (1) or (5) of section 16 a person (the “victim”) is given the information mentioned in subsection (3)(d) of that section as respects a convicted person.

(2) On the first occasion on which the convicted person is entitled to be considered for temporary release by virtue of rules under section 39(6) of the 1989 Act, the Scottish Ministers must give the victim an opportunity to make written representations to them about any conditions that the victim considers should be imposed in relation to the temporary release.

(3) Subsection (2) applies only if the victim has notified the Scottish Ministers that the victim wishes to be given the opportunity to make representations under that subsection.

(4) The Scottish Ministers must—

(a) fix a time within which any written representations under subsection (2) require to be made to them if they are to be considered by them, and

(b) notify the victim of the time fixed.”.

Commencement Information

I3 S. 29 in force at 13.8.2014 by S.S.I. 2014/210, art. 2, Sch. (with art. 3)