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34.—(1) This rule applies to indeterminate cases only.
(2) Where the oral hearing panel’s decision on the case is a decision to direct that the person concerned is released, the panel must publish, in such manner as it may determine, a summary of the reasons for that decision.
(3) Where the panel’s decision on the case is not one mentioned in paragraph (2), the panel may publish, in such manner as it may determine, a summary of the reasons for that decision.
(4) A summary published under this rule must not include information which identifies, or could be used to identify, any person involved in the proceedings.
(5) In publishing a summary under this rule, the panel may withhold information about the reasons for the decision if it considers that publication of the information would be contrary to the public interest or the interests of justice.
(6) Before publishing a summary under this rule, the panel must send a copy of the summary to any registered Part 2 victim in relation to the case, and may send a copy to any registered Part 1 victim who so requests.
(7) In this rule—
“registered part 1 victim” means a person who has intimated under section 16(1) of the Criminal Justice (Scotland) Act 2003(1) that they wish to receive information about the release of an offender, and
“registered part 2 victim” has the same meaning as in rule 30.
2003 asp 7; section 16(1) has been amended by the Victims and Witnesses (Scotland) Act 2014 (asp 1), section 27 and by S.S.I. 2008/185.
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