Section 5 Restorative justiceI1

Scotland

(1)

The Scottish Ministers may issue guidance about—

(a)

the referral of a person who is or appears to be a victim in relation to an offence F1or alleged offence and a person who has or is alleged to have committed the offence F2or alleged offence to restorative justice services, and

(b)

the provision of restorative justice services to those persons.

(2)

Any person, or description of person, prescribed by the Scottish Ministers by order must have regard to any guidance issued by the Scottish Ministers under subsection (1).

(3)

In this section, “restorative justice services” means any process in which the persons such as are mentioned in subsection (1)(a) participate with a view to resolving any matter arising from the offence or alleged offence with the assistance of a person who is unconnected with either person or the offence or alleged offence.

(4)

An order under subsection (2) is subject to the negative procedure.

Annotations

Textual amendments

F1: Words in s. 5(1)(a) inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 11(a)
F2: Words in s. 5(1)(a) inserted (23.12.2015) by The Victims' Rights (Scotland) Regulations 2015 (S.S.I. 2015/444), regs. 1(2), 11(b)

Commencement

I1: S. 5 in force at 24.2.2021 by S.S.I. 2021/39, art. 2