67.Section 1 of the Victims and Witnesses (Scotland) Act 2014 (“the 2014 Act”) requires a number of persons and organisations involved in the criminal justice system (as listed in section 1(2)) to have regard to a number of principles, that are set out in section 1(3), when carrying out their functions in so far as those functions relate to a person who is or appears to be a victim or witness in relation to a criminal investigation or criminal proceedings. Section 26(2) of this Act amends those principles to add a new principle that victims and witnesses should be treated in a way that accords with trauma-informed practice (as defined in section 114 of this Act).
68.Section 2 of the 2014 Act requires the persons and organisations listed in section 2(2) to set and publish standards of service in relation to the carrying out of certain functions in relation to victims and witnesses and in relation to procedures for making and resolving complaints about the way in which the person carries out those functions.
69.Section 26(3)(a) amends section 2(1) of the 2014 Act so that those standards of service must also cover the carrying out of functions in a way that accords with trauma-informed practice (again as defined in section 114). Section 26(3)(b) adds a new subsection (4A) to section 2 of the 2014 Act requiring revised standards or service to be published within 18 months of section 26 coming into force. Those revised standards of service must include standards of service in relation to trauma-informed practice.
Crown Application Principle of trauma-informed practice Section 26 – principle of trauma-informed practice