This is a Government bill
The Bill became an Act on 20 January 2021
This Bill was passed and is now an Act of the Scottish Parliament.
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.
The Scottish Government believes that victims of sexual offences should have access to forensic medical services.
It’s important so that:
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:
Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill as Introduced (298KB, pdf) posted 27 November 2019
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
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
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
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.
The lead committee for this Bill is the Health and Sport Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The consultation closed on 2 February 2020.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 1 October 2020 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 1 October 2020
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
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
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
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 10 November 2020
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.
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
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 122 for, 0 against, 0 abstained, 7 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 10 December 2020
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts come into force straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act come into force on different dates.