The Victim Statements (Prescribed Offences) (Scotland) Order 2003

JurisdictionScotland
CitationSSI 2003/441

2003No. 441

CRIMINAL LAW

The Victim Statements (Prescribed Offences) (Scotland) Order 2003

17thSeptember2003

18thSeptember2003

25thNovember2003

The Scottish Ministers, in exercise of the powers conferred by section 14(2) of the Criminal Justice (Scotland) Act 2003( 1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and commencement

1. This Order may be cited as the Victim Statements (Prescribed Offences) (Scotland) Order 2003 and shall come into force on 25th November 2003.

Prescribed offences

2. An offence specified in the Schedule to this Order is prescribed for the purposes of section 14(2) of the Criminal Justice (Scotland) Act 2003( 2).

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh 17th September 2003

SCHEDULE

Article 2

Offence prescribed for the purposes of section 14(2) of the Criminal Justice (Scotland) Act 2003

Non-sexual crimes of violence

1. Murder.

2. Culpable homicide.

3. Abduction.

4. Assault.

5. Cruel and unnatural treatment.

6. An offence under section 12 of the Children and Young Person's (Scotland) Act 1937 (c. 37) (cruelty to persons under 16).

7. An offence under section 41(1)(a) of the Police (Scotland) Act 1967 (c. 77) (assault on constables, etc) but only in respect of an assault on a constable.

Sexual Crimes of violence and indecent crimes

8. Rape.

9. Sodomy.

10. Abduction of a woman or girl with intent to rape.

11. Assault with intent to rape or ravish.

12. Indecent assault.

13. Lewd, indecent or libidinous behaviour or practices.

14. An offence under section 106(1)(a) or 107 of the Mental Health (Scotland) Act 1984 (c.36) (unlawful sexual intercourse with mentally handicapped female or with patient).

15. An offence under any of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39):-

(a) sections 1 to 3 (incest and related offences);(b) section 5 (unlawful sexual intercourse with girl under 16);(c) section 6 (indecent behaviour towards girl between 12 and 16);(d) section 7(2) and (3) (procuring);(e) section 8 (abduction and unlawful detention);(f) section 10 (seduction, prostitution, etc. of girl under 16);(g) section 13(5)(b) or (c) (homosexual offences).

16. An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust).

17. Any offence where there was a significant sexual aspect to the offender's behaviour in...

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