51.Section 19 provides that where a report under section 18 names a criminal justice body or person providing victim support services, the report might also impose on that person a requirement to respond to the report. If the report imposes such a requirement, the Commissioner must specify a reasonable period for the person to reply. The person must reply within that period, responding to the relevant part of the report. The relevant persons will have received a copy of the draft report at least 5 days prior to its publication by virtue of section 18.
52.Section 20 requires the Commissioner to publish responses received under section 19, and to lay copies of those responses before the Scottish Parliament. The obligation to publish the response and lay it before the Parliament does not apply, under subsection (2), if the Commissioner considers publication and laying to be inappropriate. Subsection (3) provides that, in particular, the Commissioner must ensure that the published response does not include confidential information about an individual. If a person has not responded to a report which included a requirement for them to do so, the Commissioner may publicise the fact of that lack of response.
Crown Application Annual report Sections 19 and 20 – requirement to respond to annual report, and publication of responses to report