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The Victim Notification (Prescribed Offences) (Scotland) Order 2004

S.S.I. 2004/411 · Made 21 September 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CRIMINAL LAW

Made 21st September 2004

Laid before the Scottish Parliament 24th September 2004

Coming into force 1st November 2004

The Scottish Ministers, in exercise of the powers conferred by section 16(1) of the Criminal Justice (Scotland) Act 2003f1 and of all other powers enabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

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

Contents

  1. 1Citation and commencement
  2. 2Prescribed offences
  3. Signature
  4. Schedule
  5. 1Non-sexual crimes of violence
  6. 2Non-sexual crimes of violence
  7. 3Non-sexual crimes of violence
  8. 4Non-sexual crimes of violence
  9. 5Non-sexual crimes of violence
  10. 6Non-sexual crimes of violence
  11. 7Non-sexual crimes of violence
  12. 8Non-sexual crimes of violence
  13. 9Sexual crimes of violence and indecent crimes
  14. 10Sexual crimes of violence and indecent crimes
  15. 11Sexual crimes of violence and indecent crimes
  16. 12Sexual crimes of violence and indecent crimes
  17. 13Sexual crimes of violence and indecent crimes
  18. 14Sexual crimes of violence and indecent crimes
  19. 15Sexual crimes of violence and indecent crimes
  20. 16Sexual crimes of violence and indecent crimes
  21. 17Sexual crimes of violence and indecent crimes
  22. 18Sexual crimes of violence and indecent crimes
  23. 19Sexual crimes of violence and indecent crimes
  24. 20Sexual crimes of violence and indecent crimes
  25. 21Sexual crimes of violence and indecent crimes
  26. 22Sexual crimes of violence and indecent crimes
  27. 23Sexual crimes of violence and indecent crimes
  28. 24Firearms
  29. 25Housebreaking etc.
  30. 26Housebreaking etc.
  31. 27Hate crimes
  32. 28Hate crimes
  33. 29Hate crimes
  34. 30Road Traffic
  35. 31Other crimes
  36. 32Other crimes
  37. 33Other crimes
  38. 34Other crimes
  39. 35Inchoate offences
  40. 36Inchoate offences
  41. 37Inchoate offences
  42. Explanatory note

1Citation and commencement

This Order may be cited as the Victim Notification (Prescribed Offences) (Scotland) Order 2004 and shall come into force on 1st November 2004.

2Prescribed offences

An offence specified in the Schedule to this Order is prescribed for the purposes of section 16(1) of the Criminal Justice (Scotland) Act 2003.

Signature

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

21st September 2004

1Non-sexual crimes of violence

Murder.

2Non-sexual crimes of violence

Culpable homicide.

3Non-sexual crimes of violence

Abduction.

4Non-sexual crimes of violence

Assault.

5Non-sexual crimes of violence

Robbery.

6Non-sexual crimes of violence

Hamesucken.

7Non-sexual crimes of violence

Cruel and unnatural treatment.

8Non-sexual crimes of violence

An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (c. 37) (cruelty to persons under 16).

9Sexual crimes of violence and indecent crimes

Rape.

10Sexual crimes of violence and indecent crimes

Sodomy.

11Sexual crimes of violence and indecent crimes

Abduction of a woman or girl with intent to rape.

12Sexual crimes of violence and indecent crimes

Assault with intent to rape or ravish.

13Sexual crimes of violence and indecent crimes

Indecent assault.

14Sexual crimes of violence and indecent crimes

Lewd, indecent or libidinous behaviour or practices.

15Sexual crimes of violence and indecent crimes

Clandestine injury to women.

16Sexual crimes of violence and indecent crimes

Shameless indecency.

17Sexual crimes of violence and indecent crimes

An offence under section 106(1)(a) or 107 of the Mental Health (Scotland) Act 1984 (c. 36) (unlawful sexual intercourse with mentally handicapped female or with patient).

18Sexual crimes of violence and indecent crimes

An offence under section 311 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (non consensual sexual acts with mentally disordered person).

19Sexual crimes of violence and indecent crimes

An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)–

(a)

sections 1 to 3 (incest and related offences);

(b)

section 5 (unlawful sexual intercourse with a girl under 16);

(c)

section 6 (indecent behaviour towards girl between 12 and 16).

20Sexual crimes of violence and indecent crimes

An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust).

21Sexual crimes of violence and indecent crimes

An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution).

22Sexual crimes of violence and indecent crimes

An offence under any of the following provisions of the Civic Government (Scotland) Act 1982 (c. 45)–

(a)

section 52 (indecent photographs etc. of children);

(b)

section 52A (possession of indecent photographs of children).

23Sexual crimes of violence and indecent crimes

Any offence where there was a significant sexual aspect to the offender’s behaviour in committing the offence.

24Firearms

An offence under any of the following provisions of the Firearms Act 1968 (c. 27)–

(a)

section 16 (possession of firearm with intent to injure);

(b)

section 16A (possession of firearm with intent to cause fear of violence);

(c)

section 17(1) and (2) (use of firearm to resist arrest/possession of firearm when committing a crime);

(d)

section 18 (carrying firearm with criminal intent);

(e)

section 19 (carrying firearm in a public place);

(f)

section 20(1) (trespassing with firearm in a building).

25Housebreaking etc.

Theft by housebreaking.

26Housebreaking etc.

Housebreaking with intent to steal.

27Hate crimes

An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (racially aggravated harassment).

28Hate crimes

An offence racially aggravated in terms of section 96 of the Crime and Disorder Act 1998 (c. 37).

29Hate crimes

An offence aggravated by religious prejudice in terms of section 74 of the Criminal Justice (Scotland) Act 2003 (asp 7).

30Road Traffic

An offence under any of the following provisions of the Road Traffic Act 1988 (c. 52)–

(a)

section 1 (causing death by dangerous driving);

(b)

section 3A (causing death by careless driving when under the influence of drink or drugs).

31Other crimes

Breach of the Peace.

32Other crimes

Extortion.

33Other crimes

Fireraising.

34Other crimes

Threats.

35Inchoate offences

An offence of conspiracy or inciting the commission of an offence specified in this Schedule.

36Inchoate offences

An offence of aiding, abetting, counselling or procuring the commission of an offence specified in this Schedule.

37Inchoate offences

An attempt to commit an offence specified in this Schedule.

Explanatory note

(This note is not part of the Order)

This Order prescribes the offences for which a victim will be entitled under section 16(1) of the Criminal Justice (Scotland) Act 2003 to receive certain information specified in section 16(3) relating to the person who perpetrated the offence against them. Victims entitled to receive such information will also be entitled to be given an opportunity under section 17(1) of the 2003 Act to make representations in relation to the release of that person.

The effect of the Order is that where a person is convicted of an offence prescribed in this Order and sentenced to a period of four years or more, the victim of that offence must be given the option of receiving certain information in relation to the release, temporary release, transfer, death in custody or escape of that person (unless Scottish Ministers consider that there are exceptional circumstances which make it inappropriate to do so). The victim must also be given the opportunity, before any decision is taken to release that person on licence, to make written representations to the Scottish Ministers as respects such release and as to the conditions which might be specified in the licence on which the person will be released. The victim must have intimated a wish to receive the information and to be given the opportunity to make representations.