Tag: Justice Secretary Angela Constance

Victims, Witnesses, and Justice Reform Bill amendments proposed

Justice Secretary Angela Constance has updated Parliament on proposed amendments to the Victims, Witnesses, and Justice Reform Bill.

The Justice Secretary told MSPs that, having listened to the cross-party Criminal Justice Committee and a wide range of other views, a plan to enable a time-limited pilot of single-judge trials for rape and attempted rape cases will not be pursued.

The Government also plans to amend the Bill, subject to MSPs’ approval, to enable more detailed research into jury deliberations, including how rape myths may affect verdicts.

The Bill includes measures to remove Scotland’s ‘not proven’ verdict and to increase the current simple majority required for a criminal conviction to a two-thirds majority of jurors. However, in line with committee recommendations, proposals to cut the jury size from 15 to 12 will be dropped.

Victims of crime are to receive improved support, advice and information as part of planned reforms to the Victim Notification Scheme – to be delivered through the Bill – as announced earlier this month.

Ms Constance said: “This Bill proposes a significant package of reforms to ensure victims are placed at the heart of Scotland’s justice system, such as creating a specialist Sexual Offences Court, establishing a Victims & Witnesses Commissioner and abolishing the ‘not proven’ verdict.

“I want to build as much consensus as possible for this important legislation. Clearly there is not enough parliamentary support at this time for the proposal to enable a time-limited pilot of single-judge trials for cases of rape and attempted rape, so we will no longer pursue this.

“I remain concerned by the substantial evidence that juries may be influenced by rape myths and I will introduce amendments to the Bill to allow for more detailed research into jury deliberations. We will undertake further work with justice partners to agree how to challenge and reduce the impact of rape myths. This might include, for example, further interventions or educational resources for jurors and the wider public.

“I believe that the most prudent approach to jury reform, including the abolition of the ‘not proven’ verdict, is to seek support for a model with two verdicts – ‘guilty’ and ‘not guilty’ – 15 jurors, and a two-thirds majority requirement for conviction.

“I look forward to working with partners and colleagues across Parliament to deliver what I believe is a shared ambition to ensure victims and witnesses are placed at the heart of the justice system and treated with compassion.”

Justice Secretary’s letter to the Criminal Justice Committee

Improved support for crime victims

Soft touch Scotland? Have your say on long term prison sentencing

Consultation published on changing the point of release

Individuals could spend more time under community supervision as part of their prison sentence, a consultation has proposed.

Views are being sought on changing the point of release under licence conditions for people serving a custodial sentence of four years or more, which would provide a more managed return to the community and be a proportionate way to reduce the pressure on the prison estate.

The proposals, if implemented, would not apply to those who are serving an extended sentence for violent or sexual offences.

Currently most people serving long-term sentences, unless previously recommended for parole at an earlier stage – are released under community supervision six months before the end of their sentence. Consultation proposals suggest this could be done for a third of their sentence.

This would return the position to that prior to 1 February 2016 for most long-term prisoners.

Under the proposals, those released would be subject to licence conditions, supervision, and ultimately recall to custody. The individuals would be subject to individualised risk assessment ahead of release, with licence conditions reflecting the conclusions of that assessment and being set on the recommendations of the Parole Board.

Victims would continue to have the right to receive certain information about a prisoner in their case, including their release dates, and to make representations under the Victim Notification Scheme.

Justice Secretary Angela Constance said: “Supervision is a commonly used element of custodial sentences – as part of efforts to prepare individuals nearing their return to the community to settle and ultimately to not re-offend.

“Our proposals would bring forward the point at which long-term prisoners are released so individuals spend more time under licence conditions in the community before the end of their sentence.

“Individuals would continue to serve their sentence but do so in the community under strict supervision, which can improve reintegration back into society and reduce the risk of re-offending.

“We are considering these measures to find a better balance between the time spent in custody and time supervised in the community, particularly following the recent increase in the prison population when Scotland already has one of the highest in Western Europe.

“Public safety will be paramount. Release under licence conditions means strict community supervision and specific support in place informed by robust individual risk assessments of prisoners. These measures would be introduced through legislation, requiring debate and the approval of Parliament. I invite people to share their views.”

Responses to this consultation are invited by 19 August 2024. It can be found here: [Long-term prisoner release process: consultation – Scottish Government consultations – Citizen Space]

Position Paper

[Prison population: position paper – gov.scot (www.gov.scot)]