Victims, Witnesses and Justice Reform legislation will bring in a series of measures to reform the justice system in Scotland
The Victims, Witnesses, and Justice Reform legislation passed with 71 to 46 votes and one abstention, introducing a series of measures to reform the justice system in Scotland.
Juries in Scotland currently have three verdicts available when considering the evidence after a trial. They can find an accused person either guilty, not guilty, or that the case against them is not proven.
Like not guilty, the not proven verdict results in an accused person being acquitted. The verdict is used “disproportionately” in rape cases.
Under the new law, this third option will be abolished.
The new legislation will also require a majority of two-thirds of jurors to support a conviction, instead of the current simple majority.
It will create a new, independent Victims Commissioner and expand the ability of those affected by crime to make victim impact statements in court.
A specialist sexual offences court will also be established under the legislation, which will give victims of such offences a lifelong right to anonymity.
The bill will also force the Parole Board to consider if killers have provided information on the whereabouts of their victims’ remains when considering if they should be freed from prison.
The change is known as Suzanne’s Law after Suzanne Pilley, who was murdered in 2010 but whose killer has never revealed the location of her body.
The vote comes after MSPs spent several hours debating amendments to the legislation on Tuesday.
Scottish justice secretary Angela Constance already said that if the “landmark Bill” is passed, it will “transform the experiences of victims and witnesses within Scotland’s justice system”.
She said the changes would mean that “victims will be heard, supported, protected and treated with compassion” while the rights of the accused “will continue to be safeguarded.”
However, the Scottish Conservatives argued that “common sense changes” were needed for them to back the Bill – which they have claimed is a “a Victims’ Bill in name only” and a “wasted opportunity”.
Speaking before the vote on Wednesday, Conservative justice spokesman Liam Kerr argued that the Scottish Government “must go further” in changing the legislation, otherwise ministers will be “selling victims short”.
LibDem Jamie Greene MSP, Justice Secretary Angela Constance, The High Court in Glasgow and the Sheriff and Justice of the Peace Courts at Dumbarton.
Jamie Greene has today welcomed the Scottish Parliament passing the Victims, Witnesses and Justice (Reform) Scotland Bill, which enshrines Suzanne’s and Michelle’s Laws in Scots law.
Thanks to amendments brought forward by Jamie Greene, the Bill will introduce Suzanne’s Law and Michelle’s Law. These will require the parole board to:
- Take into account the offender’s failure to disclose the location of their victim’s remains, making it virtually impossible for the Parole Board to recommend release in these instances (commonly known as Suzanne’s Law).
- Take into account the impact a decision to release a prisoner would have on the safety and security of a family member. This includes considering applying an exclusion zone to a prisoner’s release conditions if the board believes a victim or their family member’s safety, security or wellbeing will be adversely affected by the prisoner’s release, the parole board must now also give reasons for decisions around parole (commonly known as Michelle’s Law).
The bodies of Suzanne Pilley and Arlene Fraser were never found, and their killers have never disclosed the locations of their remains.
The sisters of Suzanne and Arlene said of Jamie Greene’s amendment introducing Suzanne’s law that they, “want it publicly known we wholly support it”. They said that “it gives us a great sense of peace to think that this could help keep the two men found guilty of their murder behind bars.”
The proposals made into law today also reflect similar legal changes made in England and Wales, known as Helen’s Law, which has already led to the blocking of offenders from parole.
His proposals also commanded the full confidence and backing of Victim Support Scotland and many prominent victims right’s campaigners.
As a result of further amendments brought forward by Jamie Greene, the Bill will:
- Expand the right to make an impact statement to all victims, in all solemn proceedings- something currently only allowed in limited cases.
- Guarantee all victims of crime the right to be informed of decisions not to prosecute or to discontinue prosecution in their case (which was a government defeat).
- Require the Victim’s Commissioner to introduce a Victim’s Charter, which will set out a victim’s journey and rights throughout the entirety of the criminal justice system.
Jamie Greene, who only recently quit the Scottish Conservatives for the Scottish Liberal Democrats, said: “I am extremely humbled and privileged to see this Bill passed in parliament today, which had the backing of five political parties.
“Among the sweeping reforms to Scotland’s justice system, including the scrapping of the archaic not proven verdict, we have ensured that Suzanne’s law and Michelle’s law are enshrined in Scots law. Both command the support of those to whom it matters the most, and all of these featured in my original Victims Bill.
“When I first consulted on my victim’s law several years ago, I was determined to right the many wrongs that victims and their families suffer from in the criminal justice system.
“I was committed to making sure that their voices were heard in a system that should be working with them and for them, not against them.
“I made a promise to them that I would fight to change the law in their favour, and I have have met that promise in this parliament today. I deeply humbled to be able to do so and make a difference to peoples’ lives.”
Top of page picture: Judges and advocates at an event in the Court of Session in Edinburgh. Picture by Bill Heaney