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Victims and Witnesses (Scotland) Act 2014

2014 asp 1 · Enacted 17 January 2014 · Extends to Scotland

Not fully up to date. 7 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 4 cross-headingsubstitutedVictims, Witnesses, and Justice Reform (Scotland) Act 2025 s. 34(3)
s. 3KinsertedVictims, Witnesses, and Justice Reform (Scotland) Act 2025 s. 34(2)
s. 6AinsertedVictims, Witnesses, and Justice Reform (Scotland) Act 2025 s. 33(2)
s. 27ArepealedVictims, Witnesses, and Justice Reform (Scotland) Act 2025 s. 35(6)
s. 27BrepealedVictims, Witnesses, and Justice Reform (Scotland) Act 2025 s. 35(7)
s. 29A(1)words substitutedVictims, Witnesses, and Justice Reform (Scotland) Act 2025 s. 35(8)
s. 29B(3)words substitutedVictims, Witnesses, and Justice Reform (Scotland) Act 2025 s. 35(9)

An Act of the Scottish Parliament to make provision for certain rights and support for victims and witnesses, including provision for implementing Directive 2012/29/EU of the European Parliament and the Council; and to make provision for the establishment of a committee of the Mental Welfare Commission with functions relating to persons who were placed in institutional care as children.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 12th December 2013 and received Royal Assent on 17th January 2014

Contents

  1. General principles
  2. 1General principles
  3. 1AFurther general principles applicable to victims
  4. Standards of service
  5. 2Standards of service
  6. 3Reports
  7. Complaints
  8. 3AComplaints
  9. Provision of information to victims
  10. 3BThe Victims’ Code for Scotland
  11. 3CVictims’ right to receive information
  12. Provision of support to victims
  13. 3DVictims’ right to access support services
  14. Assistance to communicate
  15. 3EVictims’ right to understand and be understood
  16. 3FVictims’ right to interpretation and translation
  17. Acknowledgement of complaints
  18. 3GWritten acknowledgement of complaints
  19. Reimbursement of expenses
  20. 3HVictims’ right to reimbursement of expenses
  21. Return of property
  22. 3IVictims’ right to return of property
  23. Offences committed in another Member State
  24. 3JOffences committed in a Member State
  25. Rules: review of decision not to prosecute
  26. 4Rules: review of decision not to prosecute
  27. Restorative justice
  28. 5Restorative justice
  29. Disclosure of information
  30. 6Disclosure of information about criminal proceedings
  31. Interviews
  32. 7Interviews with children: guidance
  33. 8Certain offences: victim's right to specify gender of interviewer
  34. Medical examinations
  35. 8ACertain medical examinations: additional information to be provided
  36. 9Certain medical examinations: gender of medical examiner
  37. Criminal investigations
  38. 9AVictims’ right to protection during criminal investigations
  39. 9BIndividual assessment of victims in criminal investigations
  40. 9CMeasures to assist victims in criminal investigations
  41. Protection of victims
  42. 9DRight to avoid contact between victim and offender
  43. 9EVictims’ right to protection of privacy
  44. Vulnerable witnesses
  45. 10Vulnerable witnesses: main definitions
  46. 11Child and deemed vulnerable witnesses
  47. 12Child and deemed vulnerable witnesses: standard special measures
  48. 13Objections to special measures: child and deemed vulnerable witnesses
  49. 14Child witnesses
  50. 15Reporting of proceedings involving children
  51. 16Other vulnerable witnesses: assessment and application
  52. 17Objections to special measures: other vulnerable witnesses
  53. 18Review of arrangements for vulnerable witnesses
  54. 19Temporary additional special measures
  55. 20Special measures: closed courts
  56. 21Power to prescribe further special measures
  57. 22Vulnerable witnesses: civil proceedings
  58. Victim statements
  59. 23Victim statements
  60. Sentencing
  61. 24Duty to consider making compensation order Not yet in force
  62. 25Restitution order
  63. 26Victim surcharge
  64. Release of offender: victim's rights
  65. 27Victim's right to receive information about release of offender etc.
  66. 27ANotification of victims in relation to release etc. of short term prisoners
  67. 27BProvision of information to person supporting victim
  68. 28Life prisoners: victim's right to make oral representations before release on licence
  69. 29Temporary release: victim's right to make representations
  70. Child victims
  71. 29AExercise of functions where victim is a child
  72. Deceased victims
  73. 29BApplication of Act where victim’s death caused by offence
  74. ...
  75. 30National Confidential Forum Repealed
  76. 31NCF: constitution and operation Repealed
  77. General
  78. 32Interpretation
  79. 33Ancillary provision
  80. 34Commencement
  81. 35Short title