The Bill makes changes to the law to try to improve the experience of victims and witnesses in the justice system. The Bill also makes changes to the criminal justice system to try to improve the fairness, clarity and transparency of the framework within which decisions in criminal cases are made.
This is a Government bill
The Bill was introduced on 25 April 2023 and is at Stage 2
This Bill is at Stage 2 of the process to decide if it should become an Act.
The Bill covers a wide range of matters. Many of these relate to the experience of victims and witnesses in the justice process, especially sexual offence cases. The Bill also makes some broader reforms to the criminal justice process.
At its introduction, the Bill is split into six parts.
Part 1:
Part 2:
Part 3:
Part 4:
Part 5:
Part 6:
The Bill aims to improve the experiences of victims and witnesses within Scotland’s justice system – in particular, the victims of sexual crime. In particular, the Bill aims to:
Part 4 of the Bill (removing the not proven verdict and changing the size of a jury in criminal trials) intends to improve the fairness, clarity and transparency of the framework within which decisions in criminal cases are made.
Victims, Witnesses, and Justice Reform (Scotland) Bill as introduced (3MB, pdf) posted 25 April 2023
Explanatory Notes (354KB, pdf) posted 25 April 2023
Policy Memorandum (1MB, pdf) posted 26 April 2023
Financial Memorandum (552KB, pdf) posted 26 April 2023
Delegated Powers Memorandum (214KB, pdf) posted 25 April 2023
Statements on legislative competence (118KB, pdf) posted 25 April 2023
Explanatory Notes (409KB, pdf) posted 25 April 2023
Policy Memorandum (956KB, pdf) posted 26 April 2023
Financial Memorandum (530KB, pdf) posted 25 April 2023
Delegated Powers Memorandum (303KB, pdf) posted 25 April 2023
Statements on legislative competence (220KB, pdf) posted 25 April 2023
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 Victims, Witnesses, and Justice Reform (Scotland) Bill
The Bill was introduced on 25 April 2023
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.
On 28 June 2023, Parliament agreed that consideration of the Bill at Stage 1 be completed by 29 March 2024.
On 13 March 2024, Parliament agreed that consideration of the Bill at Stage 1 be extended to 26 April 2024.
The lead committee agreed the following phases for taking evidence from witnesses on the Bill:
Phase 1 – approximately mid-September to mid-November – this will cover Parts 1 to 3 of the Bill which:
Phase 2 – approximately mid-November to end-December – this will cover Part 4 of the Bill which:
Phase 3 – approximately January to mid-February – this will cover Parts 5 and 6 which:
You can learn more about our phased approach to scrutiny of the Bill in our short explainer video.
Please note that the above information is for planning purposes only and it is subject to change.
The Committee will regularly provide updates on this page on its plans for scrutiny of the Bill, including the names of witnesses invited to give evidence, as this information is available.
The lead committee for this Bill is the Criminal 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 Criminal Justice Committee has agreed its intended approach to scrutiny of the Victims, Witnesses and Justice Reform (Scotland) Bill at Stage 1. The Committee notes that the Bill contains several substantial policy proposals.
These include a new Victims and Witnesses Commissioner, changes to the size of juries, the abolition of the not proven verdict, a new Sexual Offences Court and a pilot of rape trials conducted by a single judge without a jury.
As such, we have decided to take a phased approach to our consideration of the Bill, to divide the Bill into more manageable segments for the purposes of Stage 1 and consider these separately, one after the other.
The Committee believes it is important to take the time to consider all the main provisions in the Bill in a thorough and balanced way.
The Criminal Justice Committee held a call for views to help inform its examination of the Bill.
Call for views easy read version (complete online) (5MB, pdf) posted 05 July 2023
Call for views easy read version (print only) (10MB, pdf) posted 05 July 2023
A glossary of terms is being provided to help those responding to the Criminal Justice Committee’s Call for Views on the Bill understand various legal terms used in the Call for Views, the Bill and its accompanying documents.
Glossary of terms (98KB, pdf) posted 15 June 2023
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
Read the Official Report of the meeting
On Wednesday 6 December 2023, the Criminal Justice Committee undertook an informal meeting with survivors of sexual crime with experience of the criminal justice system to hear their views on the provisions of the Bill. An anonymised transcript of the discussion can be found here.
Read the transcript (310KB, pdf) posted 08 February 2024
On Tuesday 16 January 2024, the Criminal Justice Committee undertook an informal meeting with the families of victims whose lives were taken during a criminal act to hear their views on the provisions of the Bill. An anonymised note of the discussion can be found here.
Read the note (149KB, pdf) posted 23 February 2024
Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 16 April 2024
Letter from the Crown Office and Prosecution Service to the Convener, 1 March 2024
Letter from the Crown Office and Procurator Fiscal Service, 29 February 2024
Submission from from Dr Andrew Tickell and Seonaid Stevenson-McCabe, Glasgow Caledonian University, 16 February 2024
Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 16 February 2024
See a full list of Stage 1 correspondence for this committee
The lead committee published its report on 29 March 2024.
Victims. Witnesses, and Justice Reform (Scotland) Bill Stage 1 Report (3MB, pdf) posted 29 March 2024
The Committee received the following responses to its report:
Letter from the Cabinet Secretary for Justice and Home Affairs (462KB, pdf) posted 16 April 2024
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.
Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener of 4 December 2023
Letter from the Convener to the Cabinet Secretary for Justice and Home Affairs of 2 November 2023
Letter from the Convener to the Convener of the Criminal Justice Committee of 2 November 2023
Read the Official Report of the meeting
The Delegated Powers and Law Reform Committee published its report on 22 December 2023.
Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 16 April 2024
Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 21 November 2023
Letter from the Convener to the Cabinet Secretary for Justice and Home Affairs, 27 October 2023
A Stage 1 debate took place on 23 April 2024 to consider and decide on the general principles of the Bill.
Result 60 for, 0 against, 62 abstained, 7 did not vote Vote Passed
See further details of the motion
See further details of the motion
The Bill ended Stage 1 on 23 April 2024
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.
MSPs can currently submit amendments ("changes") to the Bill. A daily list of amendments will be published each day that amendments are lodged or withdrawn by MSPs. Following the deadline for amendments, the Marshalled List and Groupings of Amendments will be published to replace the daily lists.
Daily list of amendments for 9 May 2024 (170KB, pdf) posted 09 May 2024
Daily list of amendments for 25 July 2024 (212KB, pdf) posted 25 July 2024
Daily list of amendments for 1 August 2024 (139KB, pdf) posted 01 August 2024
Daily list of amendments for 5 December 2024 (86KB, pdf) posted 05 December 2024
The deadline for amendments will be added once the Stage 2 meeting date has been confirmed.
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.
Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 31 October 2024