This Scottish Statutory Instrument has been made in consequence of defects in S.S.I. 2003/441 and S.S.I. 2004/246 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2004 No. 287

CRIMINAL LAW

The Victim Statements (Prescribed Offences) (Scotland) Amendment (No. 2) Order 2004

Made

8th June 2004

Laid before the Scottish Parliament

11th June 2004

Coming into force

17th June 2004

The Scottish Ministers, in exercise of the powers conferred by section 14(2) of the Criminal Justice (Scotland) Act 2003(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1. This Order may be cited as the Victim Statements (Prescribed Offences) (Scotland) Amendment (No. 2) Order 2004 and shall come into force on 17th June 2004.

Revocation

2. The Victim Statements (Prescribed Offences) (Scotland) Amendment Order 2004(2) is revoked.

Amendment of the Victim Statements (Prescribed Offences) (Scotland) Order 2003

3. The Schedule to the Victim Statements (Prescribed Offences) (Scotland) Order 2003(3) is amended–

(a)in paragraph 15(d) by deleting “7(2)” and inserting “7(1), (2)”; and

(b)in paragraph 21 by deleting “1998” and inserting “1988”.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

8th June 2004

Explanatory Note

(This note is not part of the Order)

This Order corrects an omission in the Victim Statements (Prescribed Offences) (Scotland) Order 2003 (“the 2003 Order”) by adding to the list of offences for which a victim will be afforded an opportunity to make a victim statement for the purposes of section 14(2) of the Criminal Justice (Scotland) Act 2003. This is achieved by amending paragraph 15(d) of the Schedule to the 2003 Order to include offences under section 7(1) of the Criminal Law (Consolidation) (Scotland) Act 1995.

This Order also corrects an error in paragraph 21 of the Schedule to the 2003 Order. The reference in that paragraph to the Road Traffic Act 1998 should be a reference to the Road Traffic Act 1988.

The amendments to the 2003 Order made by this Order were to be made by the Victim Statements (Prescribed Offences) (Scotland) Amendment Order 2004 (S.S.I. 2004/246) which was due to come into force on 18th June 2004. An error was noted in that Order after it had been made. Consequently this Order revokes that Order.

(1)

2003 asp. 7. See section 87(1) for the definition of “prescribed”.

(2)

S.S.I. 2004/246.

(3)

S.S.I. 2003/441, amended by SSI 2003/519.