Section 1 General principlesI1

(1)

Each person mentioned in subsection (2) must have regard to the principles mentioned in subsection (3) in carrying out functions conferred on the person by or under any enactment in so far as those functions relate to a person who is or appears to be a victim or witness in relation to a criminal investigation or criminal proceedings.

(2)

The persons are—

(a)

the Lord Advocate,

(b)

the Scottish Ministers,

(c)

the chief constable of the Police Service of Scotland,

(d)

the Scottish Court Service,

(e)

the Parole Board for Scotland.

(3)

The principles are—

(a)

that a victim or witness should be able to obtain information about what is happening in the investigation or proceedings,

(b)

that the safety of a victim or witness should be ensured during and after the investigation and proceedings,

(c)

that a victim or witness should have access to appropriate support during and after the investigation and proceedings,

F1(ca)

that, during and after the investigation and proceedings, a victim or witness should be treated in a way that accords with trauma-informed practice,

(d)

that, in so far as it would be appropriate to do so, a victim or witness should be able to participate effectively in the investigation and proceedings.

F2(3A)

For the purposes of this section, “trauma-informed practice” has the meaning given by section 114 of the Victims, Witnesses, and Justice Reform (Scotland) Act 2025.

(4)

The Scottish Ministers may by order modify subsection (2).

(5)

An order under subsection (4) is subject to the affirmative procedure.

Annotations

Textual amendments

F1: S. 1(3)(ca) inserted (1.10.2026) by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12), ss. 26(2)(a), 116(2); S.S.I. 2026/120, reg. 2, sch.
F2: S. 1(3A) inserted (1.10.2026) by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12), ss. 26(2)(b), 116(2); S.S.I. 2026/120, reg. 2, sch.

Commencement

I1: S. 1 in force at 30.1.2015 by S.S.I. 2014/359, art. 2, Sch.