# The Victim Statements (Prescribed Offences) (Scotland) Order 2003 S.S.I. 2003/441 · made 17 September 2003 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. Made under: Criminal Justice (Scotland) Act 2003 (Section 14) PDFs: Printed copy https://openlegislation.uk/victim-statements-prescribed-offences-scotland-order-2003/pdf/ssi_20030441_en.pdf ## Introductory text 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 2003 and of all other powers enabling them in that behalf, hereby make the following Order: ## 1 Citation 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. ## 2 Prescribed 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 2003. ## Signature HUGH HENRY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 17th September 2003 ## Schedule: Offence prescribed for the purposes of section 14(2) of the Criminal Justice (Scotland) Act 2003 ## 1 Non-sexual crimes of violence Murder. ## 2 Non-sexual crimes of violence Culpable homicide. ## 3 Non-sexual crimes of violence Abduction. ## 4 Non-sexual crimes of violence Assault. ## 5 Non-sexual crimes of violence Cruel and unnatural treatment. ## 6 Non-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). ## 7 Non-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. ## 8 Sexual Crimes of violence and indecent crimes Rape. ## 9 Sexual Crimes of violence and indecent crimes Sodomy. ## 10 Sexual Crimes of violence and indecent crimes Abduction of a woman or girl with intent to rape. ## 11 Sexual Crimes of violence and indecent crimes Assault with intent to rape or ravish. ## 12 Sexual Crimes of violence and indecent crimes Indecent assault. ## 13 Sexual Crimes of violence and indecent crimes Lewd, indecent or libidinous behaviour or practices. ## 14 Sexual 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). ## 15 Sexual 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). ## 16 Sexual 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). ## 17 Sexual Crimes of violence and indecent crimes Any offence where there was a significant sexual aspect to the offender’s behaviour in committing the offence. ## 18 Housebreaking etc Theft by housebreaking. ## 19 Racially motivated crimes An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995 (racially-aggravated harassment). ## 20 Racially motivated crimes An offence under section 96 of the Crime and Disorder Act 1998 (c. 37) (offences racially aggravated). ## 21 Road Traffic An offence under section 1 of the Road Traffic Act 1998 (c. 52) (causing death by dangerous driving). ## 22 Road Traffic An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs). ## 23 Other Fireraising. ## 24 Inchoate offences An offence of conspiring or inciting the commission of an offence specified in this Schedule. ## 25 Inchoate 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. --- Source: https://www.legislation.gov.uk/ssi/2003/441 (the official version) Page: https://openlegislation.uk/victim-statements-prescribed-offences-scotland-order-2003 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.