Tag: Victims Witnesses and Justice Reform Bill

Transforming the justice system for victims and witnesses

Landmark Bill passed by Holyrood

A landmark Bill to place victims and witnesses at the heart of the justice system has been passed by Parliament.

The Victims, Witnesses, and Justice Reform (Scotland) Bill contains historic reforms to transform victims’ and witnesses’ experience of the justice system and ensure they are treated with compassion, while continuing to safeguard the rights of the accused.

Key reforms include abolishing the ‘not proven’ verdict in all criminal trials to help create a clearer, fairer and more transparent decision-making process. The jury majority required for a conviction will move from a simple majority to at least two-thirds to ensure fairness and balance.

The Bill will see trauma-informed practice embedded across the system to avoid victims being re-traumatised by the legal process. It will improve the Victim Notification Scheme and establish an independent Victims and Witnesses Commissioner for Scotland to champion their rights.

The legislation also includes significant new measures to meet the needs of survivors of sexual offences by:

  • establishing a specialist Sexual Offences Court to enable complainers to give their best evidence while minimising the potential for re-traumatisation
  • protecting the dignity of victims of sexual offences through an automatic lifelong right of anonymity
  • providing an automatic right to independent legal representation for complainers in sexual offence cases when an application is made in court to lead evidence of the complainer’s sexual history or character
  • creating a legal right for victims in rape and serious sexual offences cases to access transcripts of the court proceedings free of charge.  

Justice Secretary Angela Constance said: “This historic legislation will put victims and witnesses at the heart of a modern and fair justice system.

“By changing culture, process and practice across the system, it will help to ensure victims are heard, supported, protected and treated with compassion, while the rights of the accused will continue to be safeguarded.

“This legislation, which builds on progress in recent years, has been shaped by the voices of victims, survivors, their families and support organisations, and it is testimony to their tireless efforts to campaign for further improvement.

I am grateful to those who bravely shared their experiences to inform the development of this legislation and pave a better, more compassionate path for others.”

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