Legislation in Scotland

The care of victims of crime in Scotland is legislated under the Victims and Witnesses (Scotland) Act 2014 (“the Act”), supported by the Victims’ Rights (Scotland) Regulations 2015 and the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019. The general principles of the Act are as follows:

That a victim or witness should be able to obtain information about what is happening in the investigation or proceedings.

That the safety of a victim or witness should be ensured during and after the investigation and proceedings.

That a victim or witness should have access to appropriate support during and after the investigation and proceedings.

That, in so far as it would be appropriate to do so, a victim or witness should be able to participate effectively in the investigation and proceedings.

Under the Act, Scottish Ministers are required to prepare and publish a Victims Code for Scotland. This was last updated in 2020 and sets out the rights of victims and where to access help and advice, including from Police Scotland. Additionally, the Act ensures that victims are able to complain or challenge a perceived breach of their rights under the Act. There is also a duty for all criminal justice agencies to publish and annually review Standards of Service for Victims and Witnesses. Police Scotland publishes their Standards of Service for Victims and Witnesses on their website.

The Victims, Witnesses and Justice Reform (Scotland) Bill is currently at Stage 3 of the legislative process in the Scottish Parliament. The Bill, if passed, will make changes to the law intended to improve victims and witnesses’ experience of the justice system. This includes creating a Victims and Witnesses Commissioner for Scotland.