Victim Notification Scheme (VNS): independent review

Appendix A: Timeline of VNS provisions

NB: the dates below refer to the dates on which the relevant provisions came into force.

• 1 November 2004

The Criminal Justice (Scotland) Act 2003 created the Victim Notification Scheme. Section 16 confers the right on victims of certain crimes to receive information regarding the offender's release into the community where they have received a sentence of 4 or more years. This includes those under 18 where they have been sentenced to be detained without limit of time for murder or on conviction on indictment. Section 16 came into force on 1 November 2004 under The Victim Notification (Prescribed Offences)(Scotland) Order 2004/411.

• 23 April 2007

The 2003 Act provisions are amended by section 36 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 to confer rights to obtain certain information on carers of children under the age of 14 where the victim has died.

• 15 May 2008

The 2003 Act provisions are amended by the Victim Notification Scheme (Scotland) Order 2008/185 so that the VNS applies where an offender is sentenced to 18 months or more. The VNS is also extended to include information about the return of an offender to prison or a young offender institution after release or escape to continuing to serve their sentence.

• 1 April 2011

Para. 12 of Schedule 1 to the Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011/211 comes into force. This amends reference to the definition of "person who cares for" to the definition in the Public Services Reform (Scotland) Act 2010 which is "means someone who, being an individual, provides on a regular basis a substantial amount of care for that person, not having contracted to do so and not doing so for payment or in the course of providing a care service". This definition is relevant in relation to the right to receive information under section 16 of the 2003 Act.

• 13 August 2014

The 2003 Act provisions in relation to qualifying persons are amended by the Victims and Witnesses (Scotland) Act 2014 ("the 2014 Act"). When a person who is entitled to received information has died, if that person is under 12, the person who cares for the child under 12 is entitled to receive information where a victim has died rather than the child. It also enables a victim of any offence to receive information about an offender in in relation to the circumstances in which they leave prison, instead of only victims of prescribed offences. Victims who are registered to the scheme and who have expressed they wish to do so can also make oral representations to the Parole Board when a prisoner is being considered for release, and to extend the right to make written representations about conditions where an offender is being considered for temporary release (see sections 23 and 27 to 29).

• 23 December 2015

Provisions in s27A of the 2014 Act come into force that enable information-sharing with a victim where an offender has been sentenced to 18 months or less, and is being released or has escaped.

• 15 September 2017

Commencement of amendments to the provisions governing the VNS in the 2003 Act to establish the VNS for mentally disordered offenders to include where the offender is in hospital receiving treatment for mental disorder by virtue of a hospital direction or a transfer for treatment direction . The provisions cover the sharing of information regarding release of the offender or when they are unlawfully at large, making representations (either written or oral, depending on the specific situation) where certain decisions are being taken about the offender, and obtaining information after any such decision has been taken. New sections are added to the 2003 Act which make provision regarding victims' rights to receive certain information relating to offenders who are subject to a compulsion order and a restriction order (CORO). These amendments were made by Part 3 of the Mental Health (Scotland) Act 2015.

• 4 May 2020

The provisions in the 2003 and 2014 Acts governing the VNS are amended by the Criminal Justice (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020/137 to include reference to prisoners released by virtue of regulations made under the Coronavirus (Scotland) Act 2020 as circumstances under which an entitlement to receive information can arise. This provision expired on 1 October 2022.

• 8 June 2022

The Bail and Release from Custody (Scotland) Bill has been introduced to the Scottish Parliament and is currently at Stage 1^[11]. Section 11 of the Bill as currently drafted makes provision so that a victim can nominate a supporter which can include a victim support organisation to receive information on their behalf, or in addition to receiving it themselves. This applies both in relation to the information available about the release etc of an offender, or the information provided to a victim to facilitate representations to the Parole Board.

• 1 April 2023

The Parole Board (Scotland) Rules 2022 are due to come into force on this date. Rule 30 makes a minor change to the provision relating to victims observing parole hearings: it permits observation only by those victims who have registered with Part 2 of the VNS (those who have indicated they wish to be afforded the opportunity to make representations in respect of decisions to release a convicted person on licence or have intimated they wish to receive information under that section). They must also have written to the Board to be authorised to attend. This excludes Part 1 registered VNS victims. These victims, in registering for Part 1 of the scheme, have indicated that they wish only to receive information about the release of an offender.

Secretariat to the independent review of the Victim Notification Scheme

8 February 2023