Victims, Witnesses, and Justice Reform (Scotland) Act 2025

2025 asp 12 · Enacted 30 October 2025 · Extends to Scotland

Contents

1. Part 1: Victims and Witnesses Commissioner for Scotland
2. Establishment
3. 1Victims and Witnesses Commissioner for Scotland
4. Functions and powers Not yet in force
5. 2Functions Not yet in force
6. 3Civil function Not yet in force
7. 4Engagement Not yet in force
8. 5Advisory group Not yet in force
9. 6Power to work with others Not yet in force
10. 7General powers Not yet in force
11. 8Restriction on exercise of functions Not yet in force
12. Victims’ charter Not yet in force
13. 9Victims’ charter Not yet in force
14. Strategic plan Not yet in force
15. 10Strategic plan Not yet in force
16. Investigations Not yet in force
17. 11Carrying out investigations Not yet in force
18. 12Initiation and conduct of investigation Not yet in force
19. 13Investigations: witnesses and documents Not yet in force
20. 14Reports on investigations Not yet in force
21. Information gathering Not yet in force
22. 15Power to gather information Not yet in force
23. 16Failure to supply required information Not yet in force
24. 17Offence of Commissioner disclosing confidential information Not yet in force
25. Annual report Not yet in force
26. 18Annual Report Not yet in force
27. 19Requirement to respond to annual report Not yet in force
28. 20Publication of responses to annual report Not yet in force
29. Miscellaneous Not yet in force
30. 21Reports Not yet in force
31. 22Protection from actions of defamation Not yet in force
32. Co-operation with Commissioner Not yet in force
33. 23Co-operation with Commissioner Not yet in force
34. Application of public authorities legislation Not yet in force
35. 24Application of public authorities legislation Not yet in force
36. Interpretation of Part Not yet in force
37. 25Interpretation of Part Not yet in force
38. Part 2: Trauma-informed practice
39. Principle of trauma-informed practice
40. 26Principle of trauma-informed practice
41. Conduct of proceedings in accordance with trauma-informed practice
42. 27Criminal courts: conduct of proceedings
43. 28Civil courts: conduct of proceedings
44. 29Fatal accident inquiries: conduct of proceedings
45. Duty to have regard to principle of trauma-informed practice
46. 30Scheduling of business in Scottish courts
47. 31Scheduling of business in sheriff courts and the Sheriff Appeal Court
48. 32Scheduling of business in justice of the peace courts
49. Part 3: Victims’ rights to receive information and to give views
50. 33Victim’s right to information about plea agreements, etc. Not yet in force
51. 34Victims’ right to be informed of decision not to prosecute or to discontinue proceedings Not yet in force
52. 35Single victim notification system
53. 36Right of eligible persons to receive information in event of death or incapacity of victim Not yet in force
54. 37Victim notification and right to make representations where offender is a child Not yet in force
55. 38Provision of information where victim is a child Not yet in force
56. 39Notification of individual other than supporter to receive information Not yet in force
57. 40Transfers of convicted persons Not yet in force
58. 41Additional information to be provided to victims Not yet in force
59. 42Powers to modify information to be given and right to make representations Not yet in force
60. 43Co-operation with the Scottish Ministers for the purposes of sharing information with victims Not yet in force
61. 44Standards of service
62. 45Victim’s right to receive information concerning offender subject to compulsion order by virtue of cross-border transfer Not yet in force
63. 46Information to be given concerning offender subject to compulsion order Not yet in force
64. 47Victim’s right to receive information under section 17D after representations Not yet in force
65. 48Conditional discharge: relevant conditions Not yet in force
66. 49Suspension from detention within hospital grounds Not yet in force
67. 50Victim statements in solemn proceedings Not yet in force
68. 51Provision of transcript of record of trial to certain complainers
69. 52Right to referral by Police Scotland to victim support services
70. 53Release on licence: reasons for decisions Not yet in force
71. 54Review of victim’s right to receive information on fixed penalties
72. Part 4: Release of prisoners
73. 55Parole Board rules: decisions where prisoner has information about victim’s remains
74. 56Parole Board rules: safety and security of victims and victims’ family
75. 57Licence conditions: exclusion zones
76. Part 5: Special measures in civil cases Not yet in force
77. Vulnerable witnesses Not yet in force
78. 58Vulnerable witnesses Not yet in force
79. 59Prohibition on personal conduct of case Not yet in force
80. 60Register of solicitors for section 22B of the Vulnerable Witnesses (Scotland) Act 2004 Not yet in force
81. Vulnerable parties Not yet in force
82. 61Vulnerable parties Not yet in force
83. Part 6: Criminal juries and verdicts
84. Solemn proceedings
85. 62Jury size and quorum
86. 63Form of jury affirmation
87. 64Jury service: assistance for jurors with communication
88. 65Verdict of guilty or not guilty and majority required for guilty verdict
89. Summary proceedings
90. 66Verdict of guilty or not guilty
91. Research into juries
92. 67Research into juries
93. 68Research into juries by or on behalf of the Scottish Ministers: duty to report
94. Part 7: Sexual Offences Court Not yet in force
95. Chapter 1: Establishment, jurisdiction and Judges of the Sexual Offences Court Not yet in force
96. Establishment Not yet in force
97. 69Sexual Offences Court Not yet in force
98. Jurisdiction and competence Not yet in force
99. 70Jurisdiction and competence: general Not yet in force
100. 71Jurisdiction: sexual offences Not yet in force
101. Judges of the Sexual Offences Court Not yet in force
102. 72Judges of the Sexual Offences Court: Lord Commissioners of Justiciary and temporary judges Not yet in force
103. 73Judges of the Sexual Offences Court: re-employment of former judges Not yet in force
104. 74Appointment of Judges of the Sexual Offences Court Not yet in force
105. 75Remuneration and expenses of Judges of the Sexual Offences Court Not yet in force
106. Chapter 2: Organisation of business Not yet in force
107. President and Vice President of the Sexual Offences Court Not yet in force
108. 76President and Vice President of the Sexual Offences Court Not yet in force
109. 77President and Vice President: incapacity and suspension Not yet in force
110. Disposal of business Not yet in force
111. 78President’s responsibility for efficient disposal of business Not yet in force
112. Sittings Not yet in force
113. 79Sittings of the Sexual Offences Court Not yet in force
114. Transfer of cases Not yet in force
115. 80Transfer of cases to the Sexual Offences Court Not yet in force
116. 81Transfer of cases from the Sexual Offences Court Not yet in force
117. Rights of audience Not yet in force
118. 82Rights of audience: solicitors Not yet in force
119. 83Rights of audience: advocates Not yet in force
120. 84Statement of training requirement for prosecutors Not yet in force
121. 85Rights of audience: review Not yet in force
122. Chapter 3: Administration Not yet in force
123. Clerks Not yet in force
124. 86Clerk of the Sexual Offences Court Not yet in force
125. 87Deputy Clerks of the Sexual Offences Court Not yet in force
126. 88Clerk and Deputy Clerks: further provisions Not yet in force
127. Sexual Offences Court records Not yet in force
128. 89Sexual Offences Court records Not yet in force
129. 90Sexual Offences Court records: authentication and electronic form Not yet in force
130. Chapter 4: Procedure Not yet in force
131. Procedure Not yet in force
132. 91Sexual Offences Court procedure Not yet in force
133. Prohibition on personal conduct of defence Not yet in force
134. 92Prohibition on personal conduct of defence Not yet in force
135. Ground rules hearings Not yet in force
136. 93Ground rules hearings Not yet in force
137. Pre-recording of evidence Not yet in force
138. 94Pre-recording of evidence Not yet in force
139. 95Taking of evidence by a commissioner Not yet in force
140. 96Admission of the record of a prior examination of vulnerable complainer as evidence Not yet in force
141. 97Giving evidence in the form of a prior statement Not yet in force
142. Art and part and aiding and abetting Not yet in force
143. 98Statutory offences: art and part and aiding and abetting Not yet in force
144. Sentencing Not yet in force
145. 99Sentencing power of the Sexual Offences Court Not yet in force
146. Double jeopardy Not yet in force
147. 100Exception to rule against double jeopardy in the Sexual Offences Court: new evidence Not yet in force
148. Part 8: Special measures for vulnerable witnesses under the 1995 Act
149. 101Vulnerable witnesses under the 1995 Act: admission of the record of a prior examination as evidence in full Not yet in force
150. 102Child witnesses under the 1995 Act: exception to presumption in favour of special measures
151. 103Vulnerable witnesses under the 1995 Act: supplementary provision in relation to child witnesses
152. Part 9: Sexual offences cases: further reform
153. Anonymity for victims Not yet in force
154. 104Sexual offences cases: anonymity and restriction on publications Not yet in force
155. Restrictions on evidence relating to sexual offences Not yet in force
156. 105Restrictions on evidence relating to sexual offences Not yet in force
157. Independent legal representation for complainers Not yet in force
158. 106Applications to admit certain evidence relating to sexual offences: rights of complainers Not yet in force
159. Non-harassment orders
160. 107Circumstances in which non-harassment order must be considered by court
161. Part 10: Non-harassment orders
162. 108Non-harassment orders: domestic abuse cases
163. Part 11: Enforcement of protective orders made outwith Scotland Not yet in force
164. 109Offences relating to protective orders made outwith Scotland Not yet in force
165. Part 12: Domestic abuse cases Not yet in force
166. 110Review in relation to connected proceedings Not yet in force
167. Part 13: Final provisions
168. 111Review of operation of Act
169. 112Regulations
170. 113Ancillary provision
171. 114Interpretation
172. 115Modification of enactments Not yet in force
173. 116Commencement
174. 117Short title
175. Schedule 1: The office of Victims and Witnesses Commissioner for Scotland
176. Part 1: Status and independence
177. 1Status
178. 2Independence
179. Part 2: Appointment, termination and terms and conditions
180. 3Appointment
181. 4Disqualification from appointment
182. 5Tenure
183. 6Early termination
184. 7Validity of things done
185. 8Remuneration and pensions, etc.
186. 9Other terms and conditions
187. 10Temporary appointments
188. Part 3: Staff and offices
189. 11Appointment of staff
190. 12Staff terms and conditions
191. 13Staff pensions
192. 14Authority to perform functions
193. 15Duty to comply with directions
194. Part 4: Accounts and accountability
195. 16Budget
196. 17Accountable officer
197. 18Accounts and audit
198. Schedule 2: Application of public authorities legislation to the office of Victims and Witnesses Commissioner for Scotland Not yet in force
199. 1Scottish Public Services Ombudsman Act 2002 Not yet in force
200. 2Freedom of Information (Scotland) Act 2002 Not yet in force
201. 3Public Services Reform (Scotland) Act 2010 Not yet in force
202. 4Public Records (Scotland) Act 2011 Not yet in force
203. 5Procurement Reform (Scotland) Act 2014 Not yet in force
204. Schedule 3: Victim Notification Scheme Not yet in force
205. Part 1: Right of eligible persons to receive information in event of death or incapacity of victim Not yet in force
206. 1Paragraph 1 Not yet in force
207. Part 2: Notification of individual other than supporter to receive information Not yet in force
208. 2Paragraph 2 Not yet in force
209. Schedule 4: Sexual offences Not yet in force
210. Part 1: Crimes at common law Not yet in force
211. 1Crimes at common law Not yet in force
212. 2Crimes at common law Not yet in force
213. 3Crimes at common law Not yet in force
214. 4Crimes at common law Not yet in force
215. 5Crimes at common law Not yet in force
216. 6Crimes at common law Not yet in force
217. 7Crimes at common law Not yet in force
218. Part 2: Statutory offences Not yet in force
219. 8Offences under the Mental Health (Scotland) Act 1984 Not yet in force
220. 9Offences under the Criminal Law (Consolidation) (Scotland) Act 1995 Not yet in force
221. 10Offence under the Sexual Offences (Amendment) Act 2000 Not yet in force
222. 11Offences under the Mental Health (Care and Treatment) (Scotland) Act 2003 Not yet in force
223. 12Offence under the Prohibition of Female Genital Mutilation (Scotland) Act 2005 Not yet in force
224. 13Offences under the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 Not yet in force
225. 14Offences under the Sexual Offences (Scotland) Act 2009 Not yet in force
226. 15Offence under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 Not yet in force
227. 16Offence under the Domestic Abuse (Scotland) Act 2018 Not yet in force
228. 17Offences under the Health and Care Act 2022 Not yet in force
229. Schedule 5: Minor and consequential modifications Not yet in force
230. 1Legal Aid (Scotland) Act 1986 Not yet in force
231. 2Judiciary and Courts Scotland Act 2008 Not yet in force
232. 3Courts Reform (Scotland) Act 2014 Not yet in force