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Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill

The Bill would mean health boards must provide forensic medical services. These services are for victims of sexual offences.

This is a Government bill

The Bill became an Act on 20 January 2021

Introduced: the Bill and its documents

Overview

The Bill would mean health boards must provide forensic medical services. These services are for victims of sexual offences.

It would mean health boards will have to offer a self-referral service for victims. The Bill will make this process clear for victims and to health boards.

This lets any person self-refer without first having to report an incident to the police. Any evidence collected is stored while the person decides if they want to report the incident to the police.

If the person decides not to report the incident, they can ask to destroy the stored evidence. If they decide to report the incident Police Scotland will keep the evidence.

If the incident is not reported after a set time the evidence will be destroyed. It's still possible to report an incident after this time but no forensic medical evidence will be available.

Police Scotland already refer victims to health boards for forensic medical examinations. This Bill will also put that practice into law.

This Bill also applies to people who are the victims of harmful sexual behaviour by children under the age of criminal responsibility. 

Why the Bill was created

The Scottish Government believes that victims of sexual offences should have access to forensic medical services.

It’s important so that:

  • organisations providing the service know what is expected of them
  • people using the service know what they are entitled to

The Scottish Government expects that the Bill will improve services by making the responsibilities of health boards clear. It will also support working between health boards and the police.

The Bill will let victims refer themselves to their health board for an examination. They will not have to go to the police first. This gives them time to decide if they want to report an incident without losing any evidence needed.

The Bill supports recovery health services for anyone in Scotland who has experienced:

  • rape
  • sexual assault
  • child sexual abuse

Accompanying Documents

Explanatory Notes (152KB, pdf) posted 27 November 2019

Policy Memorandum (277KB, pdf) posted 27 November 2019

Financial Memorandum (252KB, pdf) posted 27 November 2019

Delegated Powers Memorandum (140KB, pdf) posted 27 November 2019

Statements on legislative competence (116KB, pdf) posted 27 November 2019

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill SPICe briefing


The Bill was introduced on 26 November 2019

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Health and Sport Committee.

Call for views (closed)

The consultation closed on 2 February 2020.

Read the responses

Who spoke to the lead committee

Work by other committees

Delegated Powers and Law Reform committee


Stage 1 Debate and decision

A Stage 1 debate took place on 1 October 2020 to consider and decide on the general principles of the Bill.

  • Motion title: Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill.
  • Submitted by: Jeane Freeman
  • Date lodged: Tuesday, 29 September 2020
  • Motion reference: S5M-22884
  • Current status: Taken in the Chamber on Thursday, 01 October 2020

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 1 October 2020

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

Documents with the changes considered at the meeting that was held on 10 November 2020:

Marshalled List of Amendments at Stage 2 (200KB, pdf) posted 05 November 2020

Groupings of Amendments at Stage 2 (167KB, pdf) posted 05 November 2020

Work by other committees

Meetings of the Delegated Powers and Law Reform Committee


Revised Documents

Revised Explanatory Notes (171KB, pdf) posted 04 December 2020

Supplementary Financial Memorandum (62KB, pdf) posted 24 November 2020

Supplementary Delegated Powers Memorandum (86KB, pdf) posted 03 December 2020

The Bill ended Stage 2 on 10 November 2020

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debate on proposed amendments

MSPs get the chance to present their proposed changes to the Chamber. They vote on whether each change should be added to the Bill.
Documents with the changes considered at the meeting on 10 December 2020:

Marshalled List of Amendments for Stage 3 (219KB, pdf) posted 04 December 2020

Timed Groupings of Amendments for Stage 3 (168KB, pdf) posted 08 December 2020

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill be passed.
  • Submitted by: Jeane Freeman
  • Date lodged: Tuesday, 08 December 2020
  • Motion reference: S5M-23646
  • Current status: Taken in the Chamber on Thursday, 10 December 2020

Result 122 for, 0 against, 0 abstained, 7 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

The Bill ended Stage 3 on 10 December 2020

Bill becomes an Act

If the Bill is passed, it can receive Royal Assent and become an Act.