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.
The Bill is at Stage 2
Contents
Stage 1 - General principles
Committees examine the Bill and gather views. They produce reports before MSPs debate the Bill in the Chamber. MSPs then decide on the purpose (“general principles”) of the Bill.
The Bill ended Stage 1 on 23 April 2024
Committee Examination
The lead committee for this Bill is the Criminal Justice Committee
Find out more about this committee
Criminal Justice Committee’s approach to 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.
Submit your views
The Committee launched its call for views on Monday 19 June 2023. The consultation closed on Friday 8 September 2023.
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
Timetable
The timetable that the committee followed while examining the Bill at Stage 1
Stage 1 Deadline
On 28 June 2023, Parliament agreed motion S6M-09755, that consideration of the Victims, Witnesses, and Justice Reform (Scotland) Bill at stage 1 be completed by 29 March 2024.
On 13 March 2024, Parliament agreed motion S6M-12471, that consideration of the Victims, Witnesses, and Justice Reform (Scotland) Bill at stage 1 be extended to 26 April 2024.
Further information
The Committee has 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.
Who spoke to the lead committee in the Parliament
MSPs met with people in committee meetings to discuss what the Bill will do.
Minutes of 3 May 2023 (in private)
Minutes of 24 May 2023 (in private)
Minutes of 27 September 2023
Minutes of 4 October 2023
Minutes of 25 October 2023
Minutes of 1 November 2023
Minutes of 15 November 2023
Minutes of 22 November 2023 (in private)
Minutes of 29 November 2023
Minutes of 6 December 2023
Minutes of 13 December 2023
Minutes of 10 January 2024
Minutes of 17 January 2024
Minutes of 24 January 2024
Minutes of 31 January 2024
Minutes of 6 February 2024
Minutes of 7 February 2024
Minutes of 21 February 2024 (in private)
Minutes of 28 February 2024 (in private)
Minutes of 6 March 2024 (in private)
Minutes of 13 March 2024 (in private)
Minutes of 20 March 2024 (in private)
Minutes of 27 March 2024 (in private)
Meeting on 27 September 2023
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
Committee correspondence sent and received while the Bill progressed through Parliament
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
Work by other committees
Delegated Powers and Law Reform Committee
Meeting on 24 October 2023
Meeting on 19 December 2023
Report published on 22 December 2023
Finance and Public Administration Committee
Committee report
The lead committee published its Stage 1 report on 29 March 2024.
Stage 1 Report on the Victims, Witnesses, and Justice Reform (Scotland) Bill (3MB, pdf) posted 29 March 2024
The lead committee received the following response from the Scottish Government to its Stage 1 Report on 16 April 2024.
Letter from the Cabinet Secretary for Justice and Home Affairs
Debate
MSPs debate the purpose (“general principles”) of the Bill.
Meeting on 23 April 2024
Read the minutes of proceedings (134KB, pdf) posted 23 April 2024
Vote
MSPs vote on the general principles of the Bill.
Meeting on 23 April 2024
Victims, Witnesses, and Justice Reform (Scotland) Bill
- Submitted by: Angela Constance, Almond Valley, Scottish National Party.
- 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
Victims, Witnesses, and Justice Reform (Scotland) Bill: Financial Resolution
- Submitted by: Shona Robison, Dundee City East, Scottish National Party.
- Date lodged: Tuesday, 19 March 2024
- Motion reference: S6M-12560
- Current status: Taken in the Chamber on Tuesday, 23 April 2024