Part 2Victims' rights

16Victim’s right to receive information concerning release etc. of offender

1

Subject to subsection (2), the Scottish Ministers must, unless they consider that there are exceptional circumstances which make it inappropriate to do so, give any natural person against whom F12an offence has been perpetrated such information as is described in subsection (3), being information in relation to any person who has been convicted of that offence and sentenced in respect of it—

a

to imprisonment or detention for a period of F118 months or more;

b

to life imprisonment or detention for life; or

c

under section 205(2) (punishment for murder where convicted person under 18) or 208 (detention of children convicted on indictment) of the 1995 Act, to detention without limit of time,

provided that the person to be given the information wishes to receive it and has so intimated.

2

Subsection (1) does not apply where the convicted person is released before attaining the age of sixteen years.

3

The information mentioned in subsection (1) is—

a

the date on which the convicted person is, under or by virtue of the 1989 Act or the 1993 Act, released (other than by being granted temporary release);

F27aa

the date on which the convicted person is released under or by virtue of regulations made under paragraph 19(1) of schedule 4 of the Coronavirus (Scotland) Act 2020;

b

if the convicted person dies before that date, the date of death;

c

that the convicted person has been transferred to a place outwith Scotland;

F13d

that the convicted person is for the first time entitled to be considered for temporary release by virtue of rules under section 39(6) of the 1989 Act,

e

that the convicted person is unlawfully at large from a prisonF19, young offenders institution F20or hospitalF2; F21...

f

where the convicted person–

i

was released as described in paragraph (a) or was unlawfully at large as described in paragraph (e), and

ii

subsequently has been returned to a prisonF22, young offenders institution F23or hospital to continue serving the sentence,

the date of the person's return.

F24g

where the convicted person is liable to be detained in a hospital under a hospital direction or transfer for treatment direction—

i

that a certificate has been granted, for the first time, under the Mental Health Act which suspends the person's detention and does not impose a supervision requirement,

ii

that the certificate mentioned in sub-paragraph (i) has been revoked.

4

The Scottish Ministers may by order—

a

amend subsection (1)(a) by substituting, for the period for the time being specified there, a different period; F25...

b

amend subsection (3) by adding descriptions of information F26; or

c

modify section 18A, by adding, amending or repealing definitions of terms used in the descriptions of information in subsection (3) of this section.

5

Where information would fall to be given to a person under subsection (1) but that person—

a

has died, that subsection applies as if references in it to the person F14to be given the information were to be construed as mentioned in sub-paragraphs (i) and (ii) of paragraph (a) of section 14(6) of this Act F15(except that, in the case where a qualifying person is a child who has not attained the age of 12 years, paragraph (a)(i) of the said section 14(6) is to be construed as if the reference to the qualifying person were to a person who cares for the child); or

b

in a case other than is mentioned in paragraph (a)—

i

is incapable as mentioned in sub-paragraph (i) of paragraph (b) of the said section 14(6), that subsection applies as if references in it to the person were to be construed as mentioned in that sub-paragraph F16(taking him to be the person “afforded an opportunity”); or

ii

is a child F5who has not attained the age of 12 yearsF6... , that subsection applies as if references in it to the person F7to be given the information were to be construed as F8references to the person who cares for the child

F9....

6

Subsections (7) F17to (11) of section 14 apply in relation to F18paragraphs (a) and (b)(i) of subsection (5) as they apply in relation to subsection (6) of that section.

F107

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8

In subsection F11(5)(a) and (b)(ii), the reference to a person who cares for the child is to be construed in accordance with F3paragraph 20 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8).

F49

The Scottish Ministers may by order amend this section by substituting for—

a

the person for the time being specified in any part of this section to whom information may be made available such other person as they think fit,

b

the age for the time being specified in any part of this section such other age as they think fit.