Section G: Bills

New amendments to Bills lodged on 6 November 2013

Victims and Witnesses (Scotland) Bill – Stage 2

Section 1

Elaine Murray

55 In section 1, page 1, line 26, at end insert—

<( ) In having regard to the principles mentioned in subsection (3), each person mentioned in subsection (2) must consider the specific needs, rights and wishes of a child who is or appears to be a victim or witness in relation to a criminal investigation or criminal proceedings.>

Elaine Murray

56 In section 1, page 1, line 26, at end insert—

<( ) In having regard to the principle mentioned in subsection (3)(a), each person mentioned in subsection (2) must take steps to provide information to a child who is or appears to be a victim or witness in relation to a criminal investigation or criminal proceedings in such form as the child may reasonably require.>

Elaine Murray

57 In section 1, page 1, line 28, at end insert—

<( ) In this section, “child” means a person under 18 years of age.>

Section 2

Elaine Murray

58 In section 2, page 2, line 8, at end insert—

<( ) Each person mentioned in subsection (2) in setting and publishing standards under subsection (1), in so far as the standards could relate to a child, must do so in such a way that the welfare of a child is of paramount consideration.>

Elaine Murray

59 In section 2, page 2, line 21, at end insert—

<(4A) As soon as practicable after the end of each 1 year period, each person mentioned in subsection (2) must publish a report on how the person has met the standards set under subsection (1).

(4B) In preparing a report under subsection (4A), those persons mentioned subsection (2) are, so far as reasonably practicable, to ascertain and have regard to the views of victims and witnesses in relation to a criminal investigation or criminal proceedings.

(4C) A person mentioned in subsection (2) may in consequence of a report under subsection (4A) revise the standards the person set so as to meet the needs of victims and witnesses in relation to a criminal investigation or criminal proceedings.

(4D) Where a person mentioned in subsection (2) revises the standards set the person must publish those revised standards.

(4E) The Scottish Ministers may by regulations prescribe the information that reports published under subsection (4A) must contain.

(4F) Before making regulations under subsection (4E), the Scottish Ministers must consult those persons mentioned in subsection (2).

(4G) Regulations under subsection (4E) are subject to the negative procedure.

(4H) In subsection (4A), “1 year period” means—

(a) the period of 1 year beginning with the date on which the standards are published, and

(b) each subsequent period of 1 year.>

Elaine Murray

60 In section 2, page 2, line 22, at end insert—

<“child” means a person under 18 years of age.>

Section 4

Alison McInnes

61 In section 4, page 4, line 1, leave out <have regard to> and insert <comply with>

John Finnie

Supported by: Elaine Murray

62 In section 4, page 4, line 1, after <have> insert <due>

Section 9

Alison McInnes

63 In section 9, page 8, line 10, after <measure> insert <(other than a standard special measure)>

Kenny MacAskill

64 In section 9, page 8, line 16, leave out <(5)> and insert <(5)(a)(ii)>

Elaine Murray

65 Leave out section 9

Section 10

Alison McInnes

66 Leave out section 10

Section 13

Elaine Murray

67 Leave out section 13

Section 19

Elaine Murray

68 In section 19, page 12, line 23, leave out from beginning to end of line 10 on page 13 and insert—

<“(11A) A child must be given an opportunity to make a victim statement where the child has not attained the age of 12 but is of sufficient age and maturity to make such a statement.

(11B) Where a child is not of sufficient age and maturity under subsection (11A)—

(a) any victim statement must instead be made by a person who has parental responsibilities or rights under the Children (Scotland) Act 1995 (c.36), or

(b) if a statement cannot be made by a person under paragraph (a), the statement may be made by a “qualifying person” whose relationship to the child is listed in subsection (10).

(11C) In determining the maturity of a child a view must be obtained from a person registered in the part of the register maintained under the Health Professions Order 2001 which relates to practitioner psychologists.

(11D) Where there is more than one qualifying person in relation to a child, the court must determine which qualifying person should make that statement.

(11E) In making a determination under subsection (11D), so far as practicable and having regard to the age and maturity of the child, the court must—

(a) give the child an opportunity to express any views on which qualifying person is to make the statement, and

(b) take into account any such views in determining which qualifying person is to make the statement.

(11F) A child who is given an opportunity to make a victim statement by virtue of subsection (11A) or to express views on which qualifying person is to make the statement under subsection (11C) must be provided with such support as the child needs to enable the child to make the statement or express views, as the case may be.”.>

Section 20

Elaine Murray

69 In section 20, page 13, line 19, at end insert—

<(4B) In considering whether to make a compensation order, the court must take steps to ascertain the views of the victim.

(4C) No compensation order may be made where the victim notifies the court that the victim does not wish to receive compensation from the person convicted of the offence.

(4D) For the purposes of subsections (4B) and (4C), “victim” has the meanings given by subsections (1A) and (1C).>

Section 21

Alison McInnes

70 In section 21, page 13, line 26, at end insert—

<( ) section 1(1) of the Emergency Workers (Scotland) Act 2005 (assaulting or impeding certain providers of emergency services).>

Alison McInnes

71 In section 21, page 13, line 26, at end insert—

<( ) section 2(1) of the Emergency Workers (Scotland) Act 2005 (assaulting or impeding certain emergency workers responding to emergency circumstances).>

Alison McInnes

72 In section 21, page 14, line 6, after <(asp 8)> insert <and section 1(1) of the Emergency Workers (Scotland) Act 2005.>

Alison McInnes

73 In section 21, page 14, line 6, after <(asp 8)> insert <and section 2(1) of the Emergency Workers (Scotland) Act 2005.>

New accompanying documents printed on 6 November 2013

Scottish Independence Referendum Bill (As Amended at Stage 2)—A revised version of the Explanatory Notes has been printed. (SP Bill 25A-EN) (Government Bill)

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