Section 4 Rules: review of decision not to prosecuteI1

Scotland

(1)

The Lord Advocate must make and publish rules about the process for reviewing, on the request of a person who is or appears to be a victim in relation to an offence F1or alleged offence, a decision of the prosecutor not to prosecute a person for the offence F2or alleged offence.

(2)

Rules under subsection (1) may in particular make provision for or in connection with—

(a)

the circumstances in which reviews may be carried out,

(b)

the manner in which a request for review must be made,

(c)

the information that must be included in a request for review,

(d)

the matters to be taken into account by the Lord Advocate when carrying out reviews,

(e)

the process to be followed by the Lord Advocate when carrying out reviews.

(3)

In this section, “prosecutor” means Lord Advocate, Crown Counsel or procurator fiscal.

Annotations

Textual amendments

F1: Words in s. 4(1) inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 10(a)
F2: Words in s. 4(1) inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 10(b)

Commencement

I1: S. 4 in force at 1.7.2015 by S.S.I. 2015/200, art. 2(1)