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Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021

Consolidated Text As Enacted Cited authorities 40 Cited in Amendments 5 Related
Vincent
JurisdictionScotland
Citation2021 asp 3
Year2021
provide the examination service (see section 2) , andprovide the retention service (see section 6) .examination service is to be available to any person falling within section 2(2) , regardless of the person's place of residence,retention service is to be available in relation to any person to whom the health board provides the examination service.(1) The examination service consists of providing forensic medical examinations to persons falling within subsection (2) (but see section 3) .a sexual offence is alleged to have been committed against the person, orthe person is alleged to have been the subject of harmful sexual behaviour by a child under the age of criminal responsibility, orthe person is aged 16 or over and requests such an examination in connection with an incident reported to the health board by the person as being of the type mentioned in paragraph (a) .any investigation of the incident which gave rise to the need for the examination, orany proceedings in relation to the incident.(4) The Scottish Ministers may by regulations substitute a different age for the age for the time being specified in subsection (2) (b) .no lower than 13, andno higher than 18.(6) Regulations under subsection (4) may make transitional, transitory or saving provision.(7) Regulations under subsection (4) are subject to the affirmative procedure.why they will be laying draft regulations under subsection (4) before the Scottish Parliament, orwhy they will not be laying draft regulations under subsection (4) before the Scottish Parliament.what consideration has been given by the Scottish Ministers to the support that would be given to persons under 16 should subsection (2) (b) be amended so that such persons can request a forensic medical examination,what support is being or will be provided to persons under 16 who fall within subsection (2) (a) .the period of one year beginning with the day of Royal Assent,each subsequent period of one year.(11) In subsection (2) —
  • “sexual offence”—
    • (a) means an offence which involves—
      • (i) an element of physical, sexual contact, or
      • (ii) the ejaculation of semen, or the emission of urine or saliva sexually, onto a person, and
    • (b) includes an act done outside Scotland which, if done in Scotland, would constitute such an offence,
  • “harmful sexual behaviour” means behaviour (in Scotland or elsewhere) which—
    • (a) causes or risks causing harm (whether physical or not) to another person, and
    • (b) involves—
      • (i) an element of physical, sexual contact, or
      • (ii) the ejaculation of semen, or the emission of urine or saliva sexually, onto a person,
    the reference to the age of criminal responsibility is a reference to the age of criminal responsibility in Scotland (as specified in section 41 of the Criminal Procedure (Scotland) Act 1995) .
a member of a service police force;a constable of the Ministry of Defence Police;a constable of the British Transport Police.(a) a forensic medical examination to be carried out where a professional judgement is made that the examination should not be carried out, or(b) a particular action to be carried out as part of a forensic medical examination where a professional judgement is made that the action should not be carried out.(1) This section applies where a person is referred for or requests a forensic medical examination as mentioned in section 2(2) .the person who has been referred for or, as the case may be, who requested the examination must, so far as reasonably practicable, be provided with the information mentioned in subsection (3) , andthe information must, so far as reasonably practicable, be explained to the person.the circumstances in which any evidence collected during the examination may be transferred to a constable, andthe purposes for which such evidence may then be used, andthe person's rights to request the return of certain items under section 7 and to request the destruction of evidence under section 8(1) (a) , andthe destruction of evidence under section 8(1) (b) .(4) Failure to comply with subsection (2) does not by itself render any evidence collected during the examination inadmissible in any proceedings in relation to the incident which gave rise to the need for the examination.

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