This Bill proposes changes to the Criminal Procedure (Scotland) Act 1995.
It aims to improve the way the criminal justice system deals with children and vulnerable witnesses by:
This is a Government bill
The Bill became an Act on 13 June 2019
This Bill was passed and is now an Act of the Scottish Parliament.
This Bill proposes changes to the Criminal Procedure (Scotland) Act 1995.
It aims to improve the way the criminal justice system deals with children and vulnerable witnesses by:
This includes making it simpler to use 'special measures' and using them more widely. Special measures are ways of protecting witnesses when they're giving evidence.
This includes evidence being:
As well as protecting children and vulnerable witnesses, the bill aims to uphold the rights of people accused of crimes.
The criminal justice system needs witnesses to come forward and give evidence.
But doing this can be distressing for children and other vulnerable witnesses of serious and traumatic crimes.
Being able to give evidence at an earlier stage, and not in a court room, will mean they:
Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill as introduced (208KB, pdf) posted 30 July 2019
Explanatory Notes (546KB, pdf) posted 30 July 2019
Policy Memorandum (419KB, pdf) posted 30 July 2019
Financial Memorandum (465KB, pdf) posted 30 July 2019
Delegated Powers Memorandum (150KB, pdf) posted 30 July 2019
Statements on legislative competence (88KB, pdf) posted 30 July 2019
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill
The Bill was introduced on 12 June 2018
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The consultation closed on 29 August 2018.
Read the call for views on the Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Minutes of Meeting: 11 September 2018
Minutes of Meeting: 25 September 2018
Minutes of Meeting: 2 October 2018
A Stage 1 debate took place on 5 February 2019 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 5 February 2019
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at this meeting held on 12 March 2019:
Marshalled List of Amendments for Stage 2 (133KB, pdf) posted 30 July 2019
Groupings of Amendments for Stage 2 (148KB, pdf) posted 30 July 2019
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Explanatory Notes (977KB, pdf) posted 30 July 2019
Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill: Consideration prior to Stage 3
The Bill ended Stage 2 on 12 March 2019
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at this meeting on 9 May 2019:
Marshalled List of Amendments for Stage 3 (182KB, pdf) posted 07 June 2021
Groupings of Amendments for Stage 3 (213KB, pdf) posted 30 July 2019
Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill as passed (272KB, pdf) posted 30 July 2019
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 112 for, 0 against, 0 abstained, 17 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 9 May 2019
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts become law straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act become law on different dates.
This Bill was passed on 9 May 2019 and became an Act on 13 June 2019.
Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019