Section 34 Victims’ right to be informed of decision not to prosecute or to discontinue proceedingsI1

The 2014 Act is amended as follows.

Before section 4 (rules: review of decision not to prosecute) insert—

“Victims’ right to be informed of decision not to prosecute or to discontinue proceedings

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(1)

Where a prosecutor decides—

(a)

not to prosecute a person for an offence or alleged offence, or

(b)

to discontinue criminal proceedings against a person for an offence or alleged offence,

the prosecutor must, as soon as reasonably practicable, inform any person who is, or appears to be, a victim in relation to that offence or alleged offence of the prosecutor’s decision.

(2)

In this section, “prosecutor” means the Lord Advocate, Crown Counsel or the procurator fiscal (and any person duly authorised to represent or act for them).”.

The italic cross heading immediately preceding section 4 becomes“Decisions not to prosecute or to discontinue proceedings”.