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Justice Committee 19 November 2013

19 Nov 2013 · S4 · Justice Committee

Item of business

Victims and Witnesses (Scotland) Bill: Stage 2

Pearson, Graeme Lab South Scotland Watch on SPTV

When we considered amendments to the bill at our previous meeting, I rehearsed for the committee the evidence that we had received from victims and the general wisdom out there about the treatment that many—although not all—victims and witnesses currently receive in our courts.This is perhaps a coincidence—although I think that such experiences are probably a regular occurrence—but in The Courier this week, there is an article about the treatment of children in the Dundee courts. A parent of children involved in a particular case feels that they received unhappy treatment at the hands of the court and that they were treated badly. I think that the amendments that we are discussing are absolutely vital to the wellbeing of children in our criminal justice system.I welcome the fact that the cabinet secretary is at least prepared to consider the proposal that an oral statement can and should be received from a victim in the event that a victim wishes to make such a statement. I am concerned, however, that in the cabinet secretary’s amendment 32, there is no specific mention of oral statements.I hope that, between now and stage 3, we will be able to discuss the issue further, because there is no doubt that the evidence that we received from victims indicated that some victims want to be heard and to make an oral statement at the completion of a case. It seems unnecessary that we should frustrate such a desire on the part of a victim. Indeed, making an oral statement may allow a victim to achieve some measure of closure at the conclusion of what must be a very difficult process for them. We have to accept that, in the 21st century, courts are not solely about law; they are also about delivering some means of justice and closure.At this stage, I am happy not to follow through on my amendment 86, but I sincerely hope that the cabinet secretary will indicate that he will engage in some earnest discussion about the proposal.I will leave it to Elaine Murray to decide her way forward in relation to amendment 68, but I think that it is right that children should have the opportunity to speak if they desire to offer such evidence. It is not necessarily the case that the court process would be unnecessarily delayed, as the court would have made its judgment at an earlier stage as to whether a child was capable of giving evidence and would have assessed the child accordingly before that part of the process was complete.Presumably, advice could be given to the child as well as to the parent or guardian in relation to making a statement at the end of the process. I think that we should give children the opportunity. They should not be left to live the rest of their lives regretting that they never had the chance to unburden themselves.09:30

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Justice Committee 19 November 2013

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