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Victims, Witnesses, and Justice Reform (Scotland) Bill

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

Introduced: the Bill and its documents

Overview

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:

  • creates the office of Victims and Witnesses Commissioner for Scotland

Part 2:

  • embeds trauma-informed practice in criminal and civil courts

Part 3:

  • increases the availability of special measures for vulnerable witnesses and parties in civil court proceedings

Part 4:

  • changes the size of a criminal jury
  • makes rules about majority verdicts and what happens when a juror is dismissed or unable to continue on the jury
  • removes the not proven verdict

Part 5:

  • creates a new sexual offences court and sets out how it will operates within the criminal justice system

Part 6:

  • provides automatic life-long anonymity for victims of sexual offences
  • gives complainers in sexual offence cases an automatic right to independent legal representation when an application is made to introduce evidence about the complainer’s character
  • gives power to the Scottish Ministers to carry out a pilot of rape trials conducted by a single judge

Why the Bill was created

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:

  • strengthen the rights of victims and witnesses of crime
  • embed trauma-informed practice across the justice system
  • improve the experience of vulnerable victims, parties and witnesses

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.

Accompanying Documents

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

Accompanying Documents (print versions)

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

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

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

Stage 1: general principles

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.

Timetable for Stage 1

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:

  • creates the office of Victims and Witnesses Commissioner for Scotland
  • embeds trauma-informed practice in criminal and civil courts
  • increases the availability of special measures for vulnerable witnesses and parties in civil court proceedings

Phase 2 – approximately mid-November to end-December – this will cover Part 4 of the Bill which:

  • changes the size of a criminal jury
  • makes rules about majority verdicts and what happens when a juror is dismissed or unable to continue on the jury
  • removes the not proven verdict

Phase 3 – approximately January to mid-February – this will cover Parts 5 and 6 which:

  • creates a new sexual offences court and sets out how it will operates within the criminal justice system
  • provides automatic life-long anonymity for victims of sexual offences
  • gives complainers in sexual offence cases an automatic right to independent legal representation when an application is made to introduce evidence about the complainer’s character
  • gives power to the Scottish Ministers to carry out a pilot of rape trials conducted by a single judge without a jury

You can learn more about our phased approach to scrutiny of the Bill in our short explainer video.

Watch the 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.

Lead committee examines the Bill

The lead committee for this Bill is the Criminal Justice Committee.

Lead committee's approach to scrutiny of the Bill

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.

Call for views (closed)

The Criminal Justice Committee held a call for views to help inform its examination of the Bill.

Read the call for views

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

Glossary of Terms

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

Meetings of the lead committee

Engagement

Informal meetings

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

Correspondence: lead committee

Victims, Witnesses, and Justice Reform Bill Scottish Government Stage 1 Response

Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 16 April 2024

Clarification of Evidence following 7 February 2024 Evidence Session

Letter from the Crown Office and Prosecution Service to the Convener, 1 March 2024

Follow-up evidence from Lord Advocate's evidence session on 31 January 2024

Letter from the Crown Office and Procurator Fiscal Service, 29 February 2024

Follow-up Evidence on Automatic Anonymity for Complainers in Sexual and other Qualifying Offences

Submission from from Dr Andrew Tickell and Seonaid Stevenson-McCabe, Glasgow Caledonian University, 16 February 2024

Victims, Witnesses and Justice Reform (Scotland) Bill

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

Stage 1 report by the lead 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

Work by other committees

Finance and Public Administration Scotland Bill

Finance and Public Administration Committee Correspondence

Victims, Witnesses and Justice Reform (Scotland) Bill - Letter from the Scottish Government of 4 December 2023

Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener of 4 December 2023

Victims Witnesses and Justice Reform (Scotland) Bill - Letter to the Scottish Government of 2 November 2023

Letter from the Convener to the Cabinet Secretary for Justice and Home Affairs of 2 November 2023

Victims Witnesses and Justice Reform (Scotland) Bill - Letter to the Criminal Justice Committee of 2 November 2023

Letter from the Convener to the Convener of the Criminal Justice Committee of 2 November 2023


Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published its report on 22 December 2023.

Read the report

Delegated Powers and Law Reform Committee Correspondence

Victims, Witnesses, and Justice Reform (Scotland) Bill at Stage 1

Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 16 April 2024

Victims, Witnesses, and Justice Reform (Scotland) Bill at Stage 1 response from the Scottish Government

Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 21 November 2023

Victims, Witnesses, and Justice Reform (Scotland) Bill at Stage 1

Letter from the Convener to the Cabinet Secretary for Justice and Home Affairs, 27 October 2023


Stage 1 Debate and decision

A Stage 1 debate took place on 23 April 2024 to consider and decide on the general principles of the Bill.

  • Motion title: Victims, Witnesses, and Justice Reform (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Victims, Witnesses, and Justice Reform (Scotland) Bill.
  • Submitted by: Angela Constance
  • Date lodged: Monday, 22 April 2024
  • Motion reference: S6M-12922
  • Current status: Taken in the Chamber on Tuesday, 23 April 2024

Result 60 for, 0 against, 62 abstained, 7 did not vote Vote Passed

See further details of the motion


  • Motion title: Victims, Witnesses, and Justice Reform (Scotland) Bill: Financial Resolution
  • Text of motion: That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Victims, Witnesses, and Justice Reform (Scotland) Bill, agrees to any expenditure of a kind referred to in Rule 9.12.3A of the Parliament’s Standing Orders arising in consequence of the Act.
  • Submitted by: Shona Robison
  • Date lodged: Tuesday, 19 March 2024
  • Motion reference: S6M-12560
  • Current status: Taken in the Chamber on Tuesday, 23 April 2024

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 23 April 2024

Stage 2: changes to the Bill

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. 

Stage 2 Amendments

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.

Stage 2 Correspondence

Victims, Witnesses, and Justice Reform (Scotland) Bill Stage 2 Amendments

Letter from the Cabinet Secretary for Justice and Home Affairs to the Convener, 31 October 2024

Bill as amended at Stage 2

The Bill as amended at Stage 2 will be published following Stage 2 proceedings.