Meeting of the Parliament 23 April 2024
There is no doubt that it is a big bill, but we have taken a long time to scrutinise it and have heard a great deal of evidence. I agree that it is huge, but we have taken a lot of time over it.
Our committee, despite some differences of opinion—which are natural to have in relation to a bill of this stature—worked constructively from the start. That is why I am disappointed to hear that the Opposition parties intend to abstain on the vote today. What a missed opportunity.
On the proposal for a victims commissioner, we heard mixed evidence, and the committee was not convinced that the money could not be better spent on front-line services. However, the Government has highlighted that victim support organisations wish to see accountability and independent scrutiny of the system, and a time-limited period for assessment will be considered. I agree with that.
Trauma-informed practice cannot be a tick-box exercise. A requirement for it has to be embedded in the bill to deliver the pace of improvement that is needed, and that requirement must also apply to defence lawyers, who are currently excluded, for obvious reasons.
Abolition of the not proven verdict is, in my view and the committee’s view, essential to the reform of the justice system. It is outdated, it serves neither the accused nor the complainer, and it has to go. However, we did not hear convincing evidence that jury size or the size of majority should be changed. I am pleased that the Government will give consideration to the way forward at stage 2.
I whole-heartedly support the creation of a sexual offences court. The committee was concerned, however, that that would mean a downgrading of the seriousness of rape and sexual crimes, but I am reassured that that will not happen. Bringing sexual offences into a single forum with specialism in trauma-informed practice is long overdue, given that those crimes have doubled in the past 10 years. However, we believe that the same level of legal representation must apply, and I am pleased that the cabinet secretary will consider how that principle could be embedded at stage 2. Similar consideration will be given to where murder cases with a sexual element will be dealt with. The status of the new court is crucial, and I am glad that that issue will also be looked into at stage 2.
The conviction rate for rape is consistently lower than that for other crimes. Of course, that is partly due to the corroboration requirement, but a 24 per cent conviction rate for single rape case complainers is unacceptable. The Lord Advocate told the committee that, in order to improve the justice system for women, radical reform was needed. I accept that a rape trial pilot with a single judge, a judge with two lay members or a panel of judges is radical, but I believe that it is necessary if we are to improve the justice experience for women. Evaluation criteria and assessment of such a pilot are crucial, and that is the task of the current working group. The pilot would provide an invaluable opportunity to gather evidence on rape myths, which undoubtedly exist, as survivors know only too well. It would also create the opportunity to have written judgments from a judge, which would be a huge step forward for victims.
It is true that the committee was split on the issue of juryless trials. It is a bold proposal that I believe we should not shy away from if we truly believe in reform.
Today we vote on the general principles of the bill. The Government is committed to working with those who have concerns at stage 2. Over the past eight months, the committee has heard evidence from people who have been brave enough to speak out about their experiences. This is our chance to improve our ailing justice system and make it fit for the future. We would be failing in our duty to the people of Scotland if we did not pass the bill today.
I urge members to ask themselves whether our current system is working for those who find themselves on a traumatic justice journey and whether we could do better, and to vote to pass the general principles of the bill at decision time.
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