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The Victim Statements (Prescribed Offences) (Scotland) Order 2003

S.S.I. 2003/441 · Made 17 September 2003

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 17th September 2003

Laid before the Scottish Parliament 18th September 2003

Coming into force 25th November 2003

The Scottish Ministers, in exercise of the powers conferred by section 14(2) 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: Offence prescribed for the purposes of section 14(2) of the Criminal Justice (Scotland) Act 2003
  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. 8Sexual Crimes of violence and indecent crimes
  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. 18Housebreaking etc
  23. 19Racially motivated crimes
  24. 20Racially motivated crimes
  25. 21Road Traffic
  26. 22Road Traffic
  27. 23Other
  28. 24Inchoate offences
  29. 25Inchoate offences
  30. Explanatory note

1Citation and commencement

This Order may be cited as the Victim Statements (Prescribed Offences) (Scotland) Order 2003 and shall come into force on 25th November 2003.

2Prescribed 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

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

17th September 2003

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

Cruel and unnatural treatment.

6Non-sexual crimes of violence

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

7Non-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.

8Sexual Crimes of violence and indecent crimes

Rape.

9Sexual Crimes of violence and indecent crimes

Sodomy.

10Sexual Crimes of violence and indecent crimes

Abduction of a woman or girl with intent to rape.

11Sexual Crimes of violence and indecent crimes

Assault with intent to rape or ravish.

12Sexual Crimes of violence and indecent crimes

Indecent assault.

13Sexual Crimes of violence and indecent crimes

Lewd, indecent or libidinous behaviour or practices.

14Sexual 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).

15Sexual 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 girl under 16);

(c)

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

(d)

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

(e)

section 8 (abduction and unlawful detention);

(f)

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

(g)

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

16Sexual 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).

17Sexual Crimes of violence and indecent crimes

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

18Housebreaking etc

Theft by housebreaking.

19Racially motivated crimes

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

20Racially motivated crimes

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

21Road Traffic

An offence under section 1 of the Road Traffic Act 1998 (c. 52) (causing death by dangerous driving).

22Road Traffic

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

23Other

Fireraising.

24Inchoate offences

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

25Inchoate 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.