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The Victim Statements (Prescribed Offences) (No. 2) (Scotland) Order 2009

S.S.I. 2009/71 · Made 24 February 2009

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.

This Scottish Statutory Instrument has been made in consequence of a defect in S.S.I. 2009/31 and is being issued free of charge to all known recipients of that Order.

CRIMINAL LAW

Made 24th February 2009

Laid before the Scottish Parliament 25th February 2009

Coming into force 1st April 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by section 14(2) of the Criminal Justice (Scotland) Act 2003f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

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

Contents

  1. 1Citation, commencement and interpretation
  2. 2Revocation
  3. 3Prescribed Offences
  4. Signature
  5. Schedule: OFFENCES PRESCRIBED FOR THE PURPOSES OF SECTION 14(2) OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2003
  6. 1Non-sexual crimes of violence
  7. 2Non-sexual crimes of violence
  8. 3Non-sexual crimes of violence
  9. 4Non-sexual crimes of violence
  10. 5Non-sexual crimes of violence
  11. 6Non-sexual crimes of violence
  12. 7Non-sexual crimes of violence
  13. 8Non-sexual crimes of violence
  14. 9Sexual crimes of violence and indecent crimes
  15. 10Sexual crimes of violence and indecent crimes
  16. 11Sexual crimes of violence and indecent crimes
  17. 12Sexual crimes of violence and indecent crimes
  18. 13Sexual crimes of violence and indecent crimes
  19. 14Sexual crimes of violence and indecent crimes
  20. 15Sexual crimes of violence and indecent crimes
  21. 16Sexual crimes of violence and indecent crimes
  22. 17Sexual crimes of violence and indecent crimes
  23. 18Sexual crimes of violence and indecent crimes
  24. 19Housebreaking etc.
  25. 20Racially motivated crimes
  26. 21Racially motivated crimes
  27. 22Road Traffic Offences
  28. 23Road Traffic Offences
  29. 24Road Traffic Offences
  30. 25Road Traffic Offences
  31. 26Other
  32. 27Inchoate offences
  33. 28Inchoate offences
  34. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Victim Statements (Prescribed Offences) (No. 2) (Scotland) Order 2009 and shall come into force on 1st April 2009.

(2)

This Order applies to offences in respect of which the procurator fiscal receives the relevant police report on or after 1st April 2009.

(3)

In paragraph (2) “relevant police report” means the report made for the purposes of deciding whether to bring proceedings in respect of an offence.

2Revocation

This Order revokes the Victim Statements (Prescribed Offences) (Scotland) Order 2009f1.

3Prescribed Offences

An offence specified in the Schedule to this Order is prescribed for the purposes of section 14(2) of the Criminal Justice (Scotland) Act 2003f1.

Signature

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

24th February 2009

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

Cruel and unnatural treatment.

7Non-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).

8Non-sexual crimes of violence

An offence under section 41(1)(a) of the Police (Scotland) Act 1967 (c. 77) (assault on constables etc.) but only in respect of an assault on a constable.

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

An offence under section 311 or 313 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).

16Sexual 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 1–3 (incest and related offences);

(b)

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

(c)

section 6 (indecent behaviour towards a girl between the ages of 12 and 16);

(d)

section 7(1), (2) and (3) (procuring);

(e)

section 8 (abduction and unlawful detention);

(f)

section 10 (seduction, prostitution etc. of a girl under the age of 16);

(g)

section 13(5)(b) or (c) (homosexual offences).

17Sexual 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).

18Sexual crimes of violence and indecent crimes

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

19Housebreaking etc.

Theft by housebreaking.

20Racially motivated crimes

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

21Racially motivated crimes

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

22Road Traffic Offences

An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).

23Road Traffic Offences

An offence under section 2B of that Act (causing death by careless or inconsiderate driving).

24Road Traffic Offences

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

25Road Traffic Offences

An offence under section 3ZB of that Act (causing death by driving: unlicensed, disqualified or uninsured drivers).

26Other

Fireraising.

27Inchoate offences

An offence of conspiring or inciting the commission of an offence specified in paragraphs 1 26 of this Schedule.

28Inchoate offences

An offence of aiding, abetting, counselling or procuring the commission of such an offence.

Explanatory note

(This note is not part of the Order)

This Order prescribes the 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.

The effect of the Order is that a victim statement may be made where proceedings are to be taken or are likely to be taken in respect of one or more of the prescribed offences. The order only applies to offences reported to the procurator fiscal on or after the 1st April 2009.

The revocation is to correct an error in the Victim Statements (Prescribed Offences) (Scotland) Order 2009.