Section 3D Victims’ right to access support servicesF1F9
The chief constable of the Police Service of Scotland must ensure that, as soon as reasonably practicable after a constable identifies a person who is or appears to be a victim in relation to an offence or alleged offence, a constable informs the person that—
victim support services are available to victims and, with reference to subsection (5), what is meant by victim support services,
the person is entitled, at any time, to have their details passed by any competent authority to such providers of victim support services as are appropriate to the person’s needs for the purpose of contacting the person to offer the services, in a process known as referral,
if the person elects to be referred, the person may, at any later time, elect to discontinue the referral or cease to receive the victim support services,
the person may contact providers of victim support services directly without referral F4, and
if the person elects to contact providers directly without being referred, the person will be provided with the information necessary to do so.
Where the person intimates to a competent authority that the person wishes to be referred to providers of victim support services, the authority must, subject to the consent of the person, disclose the person’s details to such providers of victim support services as the authority considers appropriate to the person’s needs, as soon as is reasonably practicable.
Where the person intimates to a competent authority that the person wishes to contact providers of victim support services directly without being referred, the authority must, as soon as is reasonably practicable, provide the person with the name, address and telephone number of the providers of victim support services.
Subsections F6(1) to (2A) apply in relation to a person who is or appears to be a victim in relation to an offence or alleged offence regardless of whether or not the person has made a complaint about that offence or alleged offence.
For the purposes of this section—
F7an intimation by a person who is or appears to be a victim in relation to an offence or alleged offence to a constable or a member of police staff is deemed to be an intimation to the chief constable of the Police Service of Scotland, and
an intimation by a person who is or appears to be a victim in relation to an offence or alleged offence to a procurator fiscal is deemed to be an intimation to the Lord Advocate.
The chief constable must make and publish guidance for constables on the process of referring a person who is or appears to be a victim in relation to an offence or alleged offence to victim support services under this section.
The chief constable must keep the guidance published under subsection (4A) under review and may modify it from time to time, in which case the chief constable must publish the modified guidance.
In this section, “victim support services” means the provision of—
information, advice and support to victims including information on compensation for criminal injuries, and the participation of victims in criminal proceedings,
information about any relevant specialist support services in place,
emotional and, where available, psychological support,
advice relating to financial and practical issues arising from the crime,
advice relating to the risk and prevention of—
secondary and repeat victimisation,
intimidation, and
retaliation, and
such other services as a competent authority considers appropriate to the needs of victims.
Annotations
Textual amendments
- F1
Ss. 3B-3D and cross-headings inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 4
- F2
S. 3D(1)(za) inserted (1.10.2026) by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12), ss. 52(2)(a)(i), 116(2); S.S.I. 2026/120, reg. 2, sch.
- F3
S. 3D(1)(a)(aa) substituted for s. 3D(1)(a) (1.10.2026) by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12), ss. 52(2)(a)(ii), 116(2); S.S.I. 2026/120, reg. 2, sch.
- F4
S. 3D(1)(c) and word inserted (1.10.2026) by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12), ss. 52(2)(a)(iii), 116(2); S.S.I. 2026/120, reg. 2, sch.
- F5
S. 3D(2)(2A) substituted for s. 3D(2) (1.10.2026) by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12), ss. 52(2)(b), 116(2); S.S.I. 2026/120, reg. 2, sch.
- F6
Words in s. 3D(3) substituted (1.10.2026) by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12), ss. 52(2)(c), 116(2); S.S.I. 2026/120, reg. 2, sch.
- F7
Words in s. 3D(4) substituted (1.10.2026) by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12), ss. 52(2)(d), 116(2); S.S.I. 2026/120, reg. 2, sch.
- F8
S. 3D(4A)(4B) inserted (1.10.2026) by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12), ss. 52(2)(e), 116(2); S.S.I. 2026/120, reg. 2, sch.
- F9
S. 3D heading substituted (1.10.2026) by Victims, Witnesses, and Justice Reform (Scotland) Act 2025 (asp 12), ss. 52(2)(f), 116(2); S.S.I. 2026/120, reg. 2, sch.