Victims Bill passed in first vote at Holyrood

By Megan Bonar
BBC Scotland News

April 23, 2024, 06:21 BST

Updated 2 hours ago

Image source, fake images

Screenshot, Scotland’s Justice Secretary Angela Constance said it was a “landmark” bill.

The controversial reforms of Scotland’s justice system have passed the first stage of their parliamentary journey at Holyrood.

MPs backed the principles of the Victims, Witnesses and Justice (Scotland) Bill by 60 votes to 0.

Another 62 deputies abstained. Six of them from the SNP, including former leadership contender Kate Forbes.

The bill proposes a pilot scheme for rape trials without a jury and the abolition of the “not proven” verdict.

Now it goes to be examined line by line in the commission.

The bill would also reduce the number of jurors in criminal trials from 15 to 12.

Justice Secretary Angela Constance has described the bill as “landmark and historic”.

Why is the bill controversial?

The bill is still in the early stages of the legislative process.

It has already been closely scrutinized by the Scottish Parliament’s criminal justice committee, which had divided opinions in some quarters.

Committee convener Audrey Nicoll MSP said her members agreed with the general principles of the bill on the basis that it is designed to improve the system for victims and witnesses.

However, they believed that more evidence, data and scrutiny are needed.

The committee said it had heard “no compelling evidence” to support some of the proposals, particularly changes to juries.

In response, Angela Constance acknowledged that the legislation would need to be amended, but added that there was a “consensus” that the bill has the potential to change the experiences of victims and witnesses, particularly in cases involving sexual offences.

The Scottish Bar said 97% of defense lawyers would boycott the trial without a jury pilot if it went ahead, while Rape Crisis Scotland said it supported the move.

What reforms are proposed?

Image source, fake images

A not proven verdict is one of three verdicts that can be given in a criminal case in Scotland.

In legal terms, it is an acquittal, but critics say it is confusing and can stigmatize the accused, as well as failing to offer closure to victims.

It would be removed as an option, meaning defendants could only be found guilty or not guilty.

The verdict is not available anywhere else in the UK and campaigners have long called for it to be thrown out.

The bill also proposes a change in the size of juries. Currently, 15 people sit on a Scottish jury and a simple majority of eight is required to deliver a conviction.

The bill proposes a smaller 12-person jury with a two-thirds majority required for a guilty verdict.

A new court specializing in sexual crimes would also be created and a pilot project would allow rape and attempted rape cases to be heard without a jury, with a single judge deciding whether the accused is guilty or not.

When might these changes occur?

The Scottish Government has not provided a full timetable for the legislative process. After the bill is debated in parliament, MPs will decide whether to take it forward.

Now that the bill has passed its first vote, it will be closely scrutinized by MSPs before another debate and final vote. That process could happen as early as this year.

As the Bill progresses through Parliament, the Scottish Government has already started implementing measures to improve witness experiences.

Following a £2m investment, specialist chambers are being created to help children and vulnerable adults give evidence in serious criminal trials.

Evidence by Commissioner (EBC) facilities allow vulnerable witnesses to give evidence outside the courtroom, which can help reduce the risk of further trauma.

Angela Constance has announced plans for two new suites which will cover the North and South Strathclyde sheriffdoms, as well as Dumfries and Galloway.

It joins four existing Scottish Courts and Tribunals Service (SCTS) suites located in Aberdeen, Edinburgh, Glasgow and Inverness.

Analysis by BBC Scotland political reporter Jenni Davidson

The Justice Reform, Victims and Witnesses Bill sets out some of the biggest changes to the criminal justice system in Scotland in recent times.

If everything proposed in the Bill is approved, it will mark a major change to the way court cases work in Scotland.

For some, that’s just what is needed. For others, it is too big a risk.

Victims groups point to the anguish caused by the unproven verdict and low conviction rates for sexual crimes. They say something needs to change.

Lawyers have made clear their complete opposition to bench trials. They have also expressed concern about changes in verdicts and juries and how that could affect conviction rates, either up or down.

The difficulty is in predicting not only what the effect of individual changes will be, but also how all of these different changes might interact with each other.

Whatever is decided will take effect in real court cases, with real victims and real defendants, and with serious consequences for both, so the stakes are high to get this right.