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Seòmar agus comataidhean

Question reference: S1W-00113

  • Date lodged: 17 June 1999
  • Current status: Answered by Andrew Hardie on 6 July 1999

Question

To ask the Scottish Executive whether it intends to review the practice in relation to advising the victim of a reported crime of the reasons no proceedings are taken, when that is the decision of the Crown.


Answer

Practice and policy in relation to the disclosure and discussion of reasons by the Crown for not proceeding against an accused is a matter for the Lord Advocate. In general terms, the Crown's reasons for not proceeding are confidential and will not be divulged to any third party. There may, however, be limited circumstances where a form of restricted disclosure to certain persons is acceptable or necessary because of the circumstances of the particular case or due to the nature of the offence. In light of the incorporation into domestic law of the European Convention on Human Rights by the Scotland Act 1998, this policy has been reviewed and is to remain unchanged.