162.Section 17D of the 2003 Act is about the provision of information to victims where a decision has been made in relation to an offender, and the victim was given the opportunity to make representations about that decision under section 17B. Section 17B relates to certain decisions which might be taken in relation to offenders who are subject to a hospital direction or a transfer for treatment direction, and offenders who are subject to a compulsion order and a restriction order.
163.Section 17D(2) currently requires the Scottish Ministers to inform the victim that the decision has been taken. Section 47 amends this so that the victim must also be informed what that decision is. Section 47 also adds new subsections (5) and (6) to section 17D of the 2003 Act. The new subsections apply where the Scottish Ministers have informed the victim, under subsection (2), that the Tribunal has decided to make no order in relation to the offender under section 193 of the Mental Health (Care and Treatment) Scotland Act 2003 – meaning that the Tribunal has decided not to vary or revoke a compulsion order to which the offender is subject – and the offender has made an appeal against that decision. Under the new subsection (6), the Scottish Ministers would be required to inform the victim that the decision has been appealed against, or that it cannot be competently appealed against and is therefore final. The Scottish Ministers would also be required to supply certain additional information in relation to the appeal, equivalent to the information set out in section 16C(4) of the 2003 Act. That includes information as to whether the Court of Session has decided to allow the appeal, whether that decision has then been appealed to the Supreme Court, whether the Supreme Court has allowed the appeal, and whether the decision is therefore final.
Crown Application Part 3 – Victims’ Rights to Receive Information Section 47 – victim’s right to receive information under section 17D after representations