Criminal Justice (Scotland) Act 2003 Explanatory Notes

Section 3 – The Risk Management Authority

33.This section establishes the Risk Management Authority and provides that it will exercise the functions given to it by the Act and any other legislation to ensure effective risk assessment and the minimisation of risk.  The section also defines risk as the risk the person being at liberty presents to the safety of the public at large, and covers a person convicted of an offence or a person disposed of by the court on the grounds of insanity.

34.Section 3 also introduces schedule 2, which deals with a number of matters concerning the structure and procedures of the RMA (as a public body).  Schedule 2 provides for:

  • the status of the new body;

  • the procedures for membership of the new body, including appointment, resignation and removal from office;

  • the procedure of the authority;

  • the arrangements for remuneration, allowances and pension for members of the authority;

  • the arrangements for the employment of staff and for their pensions, allowances and gratuities.

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