38.Section 11 empowers the Commissioner to carry out investigations into the regard which a criminal justice body has, or has had, to the rights, interests, and views of victims and witnesses when doing things that affect those victims and witnesses. Section 25 defines “criminal justice body”, for the purposes of this Part of the Act, as being each of the Lord Advocate, the Scottish Ministers, the chief constable of the Police Service of Scotland, the Scottish Courts and Tribunals Service, and the Parole Board for Scotland.
39.Subsection (2) provides that the Commissioner must be satisfied that any work carried out as part of an investigation is not work which should be carried out by another person. This would include, for example, work that falls within the remit of the Children and Young People’s Commissioner for Scotland. This is to avoid the unnecessary duplication of work. Subsection (3) prevents the Commissioner from carrying out investigations, or work as part of a wider investigation, in relation to decisions made or actions taken in legal proceedings or matters which are subject to legal proceedings.
40.Subsection (1) of section 12 requires the Commissioner to prepare terms of reference for each investigation the Commissioner intends to carry out, and to make sure that people who might be affected by the investigation are made aware, in advance, that the investigation will take place. Subsection (2) provides that, as far as possible, investigations must be carried out in a way that is publicly accessible.
Crown Application Investigations Sections 11 and 12 – carrying out investigations, and initiation and conduct of investigation