Report Summary
This report provides members of the Scottish Police Authority Policing Performance Committee with an update on the Victims, Witnesses and Justice Reform (Scotland) Act.
To access the full document please open the PDF document above.
To view as accessible content please use the sections below. (Note that tables and some appendices are not available as accessible content).
Meeting
The publication discussed was referenced in the meeting below
Policing Performance Committee - 16 September 2025
Date : 09 December 2025
Location : online
Referral to providers of Victim Support Services
At both stage 2 and stage 3 proceedings, opposition amendments were tabled proposing a change from the current opt-in process for victim support referrals to an opt-out process.
Extensive consultation took place with Police Scotland’s Information Assurance (IA) and legal teams. SG also consulted with their legal team and the Information Commissioner (ICO), and all concluded that an opt-out scheme would be incompatible with General Data Protection Regulations (GDPR) and the Data Protection Act 2018.
On this basis, SG tabled an alternative, rights-based amendment which reflects the consent-based model but strengthens the duty on a constable to inform a victim about the available support services and adds a duty to make and publish guidance for constables on the process of referral. This amendment has been accepted and is included in Part 3 of the Act.
Timescales for Part 3 of the Act have still to be determined however work continues to scope and implement improvements to the victim support referral process including updating workforce guidance and training, enhanced use of technology and collaborative learning.
