Justice Secretary 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.”
Background
Justice Secretary's letter
to the Criminal Justice Committee
Improved support for crime
victims
