The Victims and Witnesses (Scotland) Act 2014 (Commencement No. 2 and Transitional Provision) Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force, on 13th August 2014, the following sections of the Victims and Witnesses (Scotland) Act 2014 (“the 2014 Act”): sections 2, 6, 8, 23 (except subsections (7) and (14)), 26, 27, 28 and 29 (article 2(1)). Some of the provisions are brought partially into force for restricted purposes only (article 2(2)).

The Order makes transitional provision in relation to sections 23, 27, 28 and 29 of the 2014 Act (article 3). Sections 23, 27 and 28 modify the rights conferred by sections 16 (victim’s right to receive information concerning release etc. of offender) and 17 (release on licence: right of victim to receive information and make representations) of the Criminal Justice (Scotland) Act 2003 (“the 2003 Act”). Section 29 adds to those rights, by inserting into the 2003 Act new section 17A (temporary release: victim’s right to make representations about conditions). Article 3 of this Order sets out how these amendments affect the rights of persons who, immediately before 13th August 2014, are entitled to receive information under section 16 of the 2003 Act, or to be afforded an opportunity to make representations under section 17 of the 2003 Act.

The Bill for the 2014 Act received Royal Assent on 17th January 2014. The following sections of the 2014 Act came into force on the following day: sections 30 (in part), 31 (in part), 32, 33, 34 and 35.