Victims, Witnesses, and Justice Reform (Scotland) Bill [AS PASSED] CONTENTS Section RT 1 P A V ICTIMS AND W ITNESSES C OMMISSIONER FOR S COTLAND Establishment 1 Victims and Witnesses Commissioner for Scotland Functions and powers 2 Functions 3 Civil function 4 Engagement 5 Advisory group 6 Power to work with others 7 General powers 8 Restriction on exercise of functions Victims’ charter 8A Victims’ charter Strategic plan 9 Strategic plan Investigations 10 Carrying out investigations and conduct of investigation 11 Initiation 12 Investigations: witnesses and documents 13 Reports on investigations Information gathering 14 Power to gather information 14A Failure to supply required information 15 Offence of Commissioner disclosing confidential information Annual report 16 Annual Report 17 Requirement to respond to annual report SP Bill 26B 6 (2025) Session ii Victims, Witnesses, and Justice Reform (Scotland) Bill 18 Publication of responses to annual report Miscellaneous 19 Reports 20 Protection from actions of defamation Co-operation with Commissioner 21 Co-operation with Commissioner Application of public authorities legislation 22 Application of public authorities legislation Interpretation of Part 23 Interpretation of Part P ART 2 T RAUMA - INFORMED PRACTICE Principle of trauma-informed practice 24 Principle of trauma-informed practice Conduct of proceedings in accordance with trauma-informed practice 25 Criminal courts: conduct of proceedings 26 Civil courts: conduct of proceedings 26A Fatal accident inquiries: conduct of proceedings Duty to have regard to principle of trauma-informed practice 27 Scheduling of business in Scottish courts 28 Scheduling of business in sheriff courts and the Sheriff Appeal Court 29 Scheduling of business in justice of the peace courts RT 2A P A V ICTIMS ’ RIGHT TO RECEIVE INFORMATION right to information about plea agreements, etc. 29ZA Victim’s 29ZB Victims’ right to be informed of decision not to prosecute or to discontinue proceedings 29A Single victim notification system 29AA Right of eligible persons to receive information in event of death or incapacity of victim 29AB Victim notification and right to make representations where offender is a child 29AC Provision of information where victim is a child 29AD Notification of individual other than supporter to receive information 29AE Transfers of convicted persons 29AF Additional information to be provided to victims 29AG Powers to modify information to be given and right to make representations 29B Co-operation with the Scottish Ministers for the purposes of sharing information with victims 29C Standards of service 29D Victim’s right to receive information concerning offender subject to compulsion order by virtue of cross-border transfer Victims, Witnesses, and Justice Reform (Scotland) Bill iii 29DA Information to be given concerning offender subject to compulsion order 29E Victim’s right to receive information under section 17D after representations 29F Conditional discharge: relevant conditions 29G SUS within hospital grounds 29GA Victim statements in solemn proceedings 29GB Provision of transcript of record of trial to certain complainers 29GC Right to referral by Police Scotland to victim support services 29GD Release on licence: reasons for decisions 29GE Review of victim’s right to receive information on fixed penalties P ART 2B R ELEASE OF PRISONERS 29H Parole Board rules: decisions where prisoner has information about victim’s remains 29I Parole Board rules: safety and security of victims and victims’ family 29J Licence conditions: exclusion zones RT 3 P A S PECIAL MEASURES IN CIVIL CASES Vulnerable witnesses 30 Vulnerable witnesses 31 Prohibition on personal conduct of case 32 Register of solicitors for section 22B of the Vulnerable Witnesses (Scotland) Act 2004 Vulnerable parties 33 Vulnerable parties P ART 4 C RIMINAL JURIES AND VERDICTS Solemn proceedings Jury size and quorum 34 34A Form of jury affirmation 34B Jury service: assistance for jurors with communication 35 Verdict of guilty or not guilty and majority required for guilty verdict proceedings Summary 36 Verdict of guilty or not guilty into juries Research 36A Research into juries 36B Research into juries by or on behalf of the Scottish Ministers: duty to report iv Victims, Witnesses, and Justice Reform (Scotland) Bill P ART 5 S EXUAL O FFENCES C OURT HAPTER 1 C E STABLISHMENT , JURISDICTION AND J UDGES OF THE S EXUAL O FFENCES C OURT Establishment 37 Sexual Offences Court Jurisdiction and competence 38 Jurisdiction and competence: general 39 Jurisdiction: sexual offences Judges of the Sexual Offences Court 39A Judges of the Sexual Offences Court: Lord Commissioners of Justiciary and temporary judges 39B Judges of the Sexual Offences Court: re-employment of former judges 40 Appointment of Judges of the Sexual Offences Court 40A Remuneration and expenses of Judges of the Sexual Offences Court HAPTER 2 C O RGANISATION OF BUSINESS President and Vice President of the Sexual Offences Court 41 President and Vice President of the Sexual Offences Court 42 President and Vice President: incapacity and suspension Disposal of business 43 President’s responsibility for efficient disposal of business Sittings 44 Sittings of the Sexual Offences Court Transfer of cases 45 Transfer of cases to the Sexual Offences Court 46 Transfer of cases from the Sexual Offences Court Rights of audience 47 Rights of audience: solicitors of audience: advocates 48 Rights 49 Statement of training requirement for prosecutors 49A Rights of audience: review Victims, Witnesses, and Justice Reform (Scotland) Bill v C HAPTER 3 A DMINISTRATION Clerks 50 Clerk of the Sexual Offences Court 51 Deputy Clerks of the Sexual Offences Court 52 Clerk and Deputy Clerks: further provisions Sexual Offences Court records 53 Sexual Offences Court records 54 Sexual Offences Court records: authentication and electronic form C HAPTER 4 P ROCEDURE Procedure 55 Sexual Offences Court procedure Prohibition on personal conduct of defence 56 Prohibition on personal conduct of defence Ground rules hearings 58 Ground rules hearings Pre...