Parliament will consider the Victims, Witnesses, and Justice
Reform (Scotland) Bill at Stage 3 on Tuesday 16 September.
Speaking ahead of the final vote, Justice Secretary said:
“This landmark Bill, if passed by Parliament, will transform the
experiences of victims and witnesses within Scotland's justice
system. Victims will be heard, supported, protected and treated
with compassion, while the rights of the accused will continue to
be safeguarded.
“Key reforms include abolishing Scotland's historic ‘not proven'
verdict for a clearer, fairer and more transparent
decision-making process. There will also be wholesale reform to
the management of sexual offence cases as we know these victims
in particular, who are mostly women and girls, can be
re-traumatised by the current system.
“This legislation was shaped by the voices of victims, survivors
and their families who have campaigned long and hard for further
change. Parliament must stand with them and help ensure the
justice system doesn't just respond to crime but helps those who
have been harmed to rebuild their lives.”
Background
The Victims, Witnesses, and Justice Reform (Scotland) Bill was
introduced to the Scottish Parliament on 25 April 2023.
Key proposed reforms include:
-
abolishing the not proven
verdict in all criminal trials in Scotland
- reforming the jury process to require a two-thirds majority
for conviction, to increase confidence that verdicts are returned
on a sound, rational basis while ensuring balance and fairness to
all parties.
- embedding trauma-informed
practice across the system and requiring justice
agencies to make efforts to reduce re-traumatisation
- establishing an independent Victims and Witnesses
Commissioner for Scotland to champion the rights of
victims and witnesses
- establishing a specialist Sexual Offences
Court that is distinct from existing court structures,
which enables complainers to give their best evidence while
minimising the potential for re-traumatisation
- introducing an automatic lifelong right to anonymity for victims
of sexual offences and certain other offences
- providing an automatic right to independent legal
representation for complainers when applications are
made to lead evidence of their sexual history or ‘bad
character' in sexual offence cases
- changes to the Victim Notification
Scheme to operate in a more trauma-informed and
person-centred way
- requiring the Parole Board to take into account whether a
prisoner has information about the disposal of a victim's
remains, but has not disclosed it.
