Committee
Justice Committee 19 November 2013
19 Nov 2013 · S4 · Justice Committee
Item of business
Victims and Witnesses (Scotland) Bill: Stage 2
At the moment, courts may consider imposing a compensation order on an offender, but are under no obligation to do so. The intention behind section 20 of the bill is simply to ensure that the court considers imposing compensation orders in relevant cases; that is not to remove its direction to consider all the circumstances. Courts already consider whether it is appropriate in the circumstances to make a compensation order, and the factors that are considered rightly include views that are expressed by the victim.I am aware that Rape Crisis Scotland and Scottish Women’s Aid have expressed particular concern about compensation orders being imposed in domestic abuse or sexual assault cases; victims often do not wish such orders to be made in such cases. I assure the committee that the bill will do nothing to preclude the court from using its discretion and imposing compensation orders only when it considers that to be appropriate. I therefore consider that amendment 69, although well-intentioned, is unnecessary.I urge the committee to consider the practical implications of amendment 69. It would require the court to seek the views of victims in every case in which compensation might be applicable. That would be an onerous undertaking that seems hardly to be proportionate, especially given that the concerns relate to a specific group of offences. Furthermore, it is unusual for a compensation order to be awarded for offences in this group. To ask every victim whether they want a compensation order could also have the unintended consequence of raising expectations. When victims express a desire to receive compensation and an order is not granted by the court following consideration of all the circumstances of the case, the fact that views have been actively sought might leave victims feeling less empowered, rather than more so.In summary, the matter can be better dealt with through guidance and training. I ask Elaine Murray to consider withdrawing amendment 69, with my assurance that we will continue discussions with the Judicial Office for Scotland and the Crown Office and Procurator Fiscal Service to ensure that the concerns that have rightly been raised by Scottish Women’s Aid and others are addressed.
In the same item of business
The Convener (Christine Grahame)
SNP
Good morning. I welcome everyone to the 32nd meeting of an extremely hard-working Justice Committee, which will sit again tomorrow. We never get away from on...
The Convener
SNP
We move straight to the amendments. I hope that John Finnie is sitting comfortably, because he is up first. Amendment 84, in the name of John Finnie, is in a...
John Finnie (Highlands and Islands) (Ind)
Ind
Amendment 84 aims to designate as standard special measures in respect of intermediaries. There is significant evidence of the benefits of supporting child v...
The Cabinet Secretary for Justice (Kenny MacAskill)
SNP
I thank John Finnie for raising the issue, and I am keen to explore further the potential benefits of using intermediaries to assist vulnerable witnesses who...
John Finnie
Ind
Thank you, cabinet secretary—I am grateful for those words. That being the case, I will not press my amendment.Amendment 84, by agreement, withdrawn. Section...
The Convener
SNP
Amendment 29, in the name of the cabinet secretary, is grouped with amendments 86, 30, 68, 31 and 32. If amendment 68 is agreed to, amendment 31 will be pre-...
Kenny MacAskill
SNP
I speak first to amendment 32, which is in my name. Victims of crime should clearly have the opportunity to communicate to the court the physical, emotional ...
Graeme Pearson (South Scotland) (Lab)
Lab
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 gener...
Elaine Murray (Dumfriesshire) (Lab)
Lab
I welcome the cabinet secretary’s amendments 30 and 31, which lower the age at which a child may automatically make a victim statement to the age of 12. That...
Sandra White (Glasgow Kelvin) (SNP)
SNP
I seek clarification on amendment 68 with regard to a child who is under 12. I concur with what everyone has said: we are considering victims. You said that ...
Elaine Murray
Lab
Amendment 68 just refers to a health professional; it does not specify which particular type of health professional. It could be a general practitioner who k...
Roderick Campbell (North East Fife) (SNP)
SNP
I will deal with Graeme Pearson’s amendment 86 first. It seems to me that there is provision in the Criminal Justice (Scotland) Act 2003 for steps to be take...
Elaine Murray
Lab
The issue is that in other legislation children under the age of 12 who have sufficient age and maturity are enabled to make their wishes known about what ha...
The Convener
SNP
I have a concern that young children might feel that they ought to say something when they do not want to. The existence of such a provision might make them ...
Kenny MacAskill
SNP
I will deal first with Graeme Pearson’s amendment 86. The powers that are provided are generic, not specific. They are meant to be inclusive, not exclusive. ...
The Convener
SNP
Amendment 69, in the name of Elaine Murray, is in a group on its own.
Elaine Murray
Lab
Amendment 69 would require the court to ascertain the views of the victim prior to making a compensation order and would prohibit the making of such an order...
Margaret Mitchell (Central Scotland) (Con)
Con
Amendment 69 seems to be sensible. I am minded to support it, after I have heard what the cabinet secretary has to say.
Roderick Campbell
SNP
We should be slightly careful about going too far. It is right that courts ought to “consider” things, but we should not be perceived to be tying the hands o...
Graeme Pearson
Lab
Every time we try to move forward in any way that could be described as radical, we find a million reasons why we need to be careful, or whatever. At the end...
Kenny MacAskill
SNP
At the moment, courts may consider imposing a compensation order on an offender, but are under no obligation to do so. The intention behind section 20 of the...
Elaine Murray
Lab
I appreciate that the cabinet secretary and Roderick Campbell have far more experience in matters of the law than I do, but I am slightly confused by their i...
The Convener
SNP
Elaine Murray seeks to withdraw amendment 69. Are members content with that?Amendment 69, by agreement, withdrawn.Section 20 agreed to. Section 21—Restitutio...
The Convener
SNP
We turn to restitution orders. Amendment 70, in the name of Alison McInnes, is grouped with amendments 71 to 73.
Alison McInnes (North East Scotland) (LD)
LD
Amendments 70 to 73 would extend restitution orders and the associated fund to all emergency workers. That would mean that an assault on any emergency worker...
Roderick Campbell
SNP
I absolutely agree with Alison McInnes in theory. It seems to me that there ought not to be a distinction in theory between police officers and other emergen...
Margaret Mitchell
Con
I am sympathetic to the intention behind the amendments, but I will listen with interest to what the cabinet secretary says about the practical difficulties ...
Kenny MacAskill
SNP
Roderick Campbell has already said a lot of what I would have said. As I have said before, we are sympathetic to the idea of extending restitution orders to ...
Alison McInnes
LD
I have listened to the minister’s response. It does not seem to me to be beyond the wit of man to find out whether there are union or benevolent funds. That ...
The Convener
SNP
You have moved only one amendment; you are pressing amendment 70. We will deal with the others as we reach them.The question is, that amendment 70 be agreed ...