Victims should be told when secretive plea deals are struck in criminal cases

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Conservative leader Russell Findlay, First Minister John Swinney and Justice Secretary Angela Constance. Top of page Liz Shanks.

By Bill Heaney

Many people and charitable organisations strive to help the victims of crime where and when they can.

But their efforts are thwarted and the victims’ suffering is far too often compounded by a justice system that is slow, secretive and unjust, according to Conservative leader Russell Findlay.

He said today that next week, members of the Scottish Parliament will vote on the Government’s Victims, Witnesses, and Justice Reform (Scotland) Bill.

Mr Findlay said: “My party has campaigned to give victims a meaningful voice and greater rights to basic information. We campaigned to end the not proven verdict, which is addressed in the bill, and it is welcome that John Swinney listened to our concerns about the plan to remove juries from some trials, which has now been dropped.

“The Government has shifted its position on the bill, and we truly welcome that, but it has not gone far enough. Does John Swinney really think that the bill will make a material difference to victims?”

The First Minister John Swinney replied: “Yes, I do, because of the very careful engagement of the Cabinet Secretary for Justice and Home Affairs [Angela Constance] in taking the bill through Parliament.

“Mr Findlay and I spent some time when I was on the back benches—as he was—scrutinising the bill when it came to Parliament. Much of the evidence that we heard during that process persuaded me, when I became First Minister, that there had to be changes to the bill.

“The Government listened to the evidence that was put in front of us. We will continue to do that, and many of the proposals and reforms that have been suggested in the bill are designed to achieve the objective that Mr Findlay has put to me, which is to make sure that the interests of victims are better protected by our justice system.

“I am confident that, after the scrutiny that Parliament gives it next week, the bill will be in a position to do that.”

Russell Findlay instanced Liz Shanks campaigns for victims’ rights since her truly horrific domestic violence ordeal, which was featured in a BBC documentary.

He added: “We agree with her that all crime victims should be told—must be told—when secretive plea deals are struck in criminal cases. To be fair, the Government has given some ground on plea deals, but the changes fall far short of what is needed.

“Liz and the other women met the justice secretary, who appeared to say all the right things, but this is what Liz told me today:

‘They are pretending to listen, but crime victims will continue to be badly let down by the bill, which could have done so much more.’

“For the sake of Liz and all other victims, will John Swinney back my plea deal amendments?”

The First Minister told MSPs: “First, I pay tribute to the courage of women such as Liz Shanks. It is invariably women who have had the courage to come forward and talk about their experience so as to ensure that victims are more central to the criminal justice system. I know that the justice secretary has engaged substantively on all those issues.

“We have will have amendments in front of us in Parliament on Tuesday, and the Government will consider all the amendments that are submitted to come to the right conclusion.

“I assure the Parliament and Liz Shanks that we have listened to the opinions that have been expressed to us, we are making changes to the bill, and the Government is absolutely committed to ensuring that the voice of victims is central to the way in which the criminal justice system proceeds.”

Russell Findlay told him: “Of course, the engagement is welcome, but it has to be meaningful. Plea deals are not the only part of the bill that does not do what it should. My colleague Liam Kerr has lodged an amendment that would instigate a Scottish grooming gangs inquiry. Although we believe that there should be a full public inquiry, our amendment would at least guarantee an investigation.

“Those predatory criminals raped vulnerable girls, and the Government should want to properly examine the scandal; however, so far, it has been resistant. Will John Swinney fix the bill so that it gives grooming gang victims the voice, the inquiry and the justice that they truly deserve?”

The First Minister was reticent: “The Government has taken a number of significant steps in this area of policy, not least of which is the establishment of the continuing Scottish child abuse inquiry, led by Lady Smith, left, which has been sitting since 2016. That inquiry is providing the welcome and significant scrutiny that is required on the issue.

“Separate work by Police Scotland and the Crown is under way to explore individual cases, some of which are the cases that Mr Findlay has just raised with me, to establish whether further detailed scrutiny is required on grooming gangs.

“From my reading of the information that I have seen, I am not persuaded of the necessity of that further inquiry, but work is under way in Police Scotland and the Crown Office to advise ministers on that point. We will consider that and discuss it with Parliament in due course.

“It is important that I make it clear that the criminal justice system has taken very hard and significant action to bring people to account for utterly unacceptable behaviour, and that will remain the case.”

Russell Findlay claimed: “The truth is that the Scottish child abuse inquiry will not look at the grooming gangs, or even at industrial-scale abuse in Scottish football. The bill could give victims real transparency over plea deals and much greater involvement in the parole process, and it could put a spotlight on the grooming gangs scandal. It could do so much more, but it will not meaningfully change the justice system. It is a letdown for victims.

“If the First Minister wants to support victims and have the support of my party, he must do more. We could back a bill that makes a real difference, but, as it stands, this is a victims law in name only. Will John Swinney listen to victims, show some ambition and make more changes before next week’s vote?”

The First Minister assured the Tory leader: “I do not want for one moment or in any way to signal to Parliament that I want to do anything in the bill that does not address the legitimate concerns of victims about our criminal justice system. That is why the Government has introduced the bill.

“I had the privilege of sitting and hearing evidence in the Criminal Justice Committee when I was on the back benches. As a result of listening to victims, when I came into office as First Minister, and working with the justice secretary, we revised the bill to make sure that the interests of victims are ever more central to it. I do not accept the characterisation of the bill that Mr Findlay has put to me.

“Legitimate issues will be raised that members will want to press the Government on. That is entirely appropriate parliamentary scrutiny, and I welcome it.

“However, I say to Parliament that the Government has introduced legislation to do exactly what is required in the criminal justice system just now, which is to put the voice of victims more centrally into that system. I am confident that the bill that Parliament will consider next week will do exactly that.”