Meeting of the Parliament (Hybrid) 15 December 2021
I understand why Jamie Greene lodged his motion on behalf of his party. He is on the Criminal Justice Committee, as I am, so he has heard at first hand the heartbreaking evidence from witnesses about their feeling that they have been failed, and sometimes—in cases such as those that we are discussing—even retraumatised by the justice system.
However, there can be no doubt that today’s motion is nothing more than simple politicking, because Jamie Greene knows, as other members have said, that the Scottish Government is currently reviewing the not proven verdict. As members of the Criminal Justice Committee, he and I both know that there is a genuine and cross-party commitment to ensuring that Scotland’s justice system is fair and transparent, and that it meets the needs of modern society. The three-verdict legal system, which is unique to Scotland, has long been divisive, and we all have our personal views on it.
Although it is likely that I share the sentiments of Mr Greene, Ms Gallacher and other Tory members who have spoken on the issue, Mr Greene knows that our legal system is very complex, that we must think carefully about what to do and that we must not make the situation worse for complainers—as Rape Crisis Scotland fears we could.
The detailed and extensive consultation that has been launched will ensure that the matter is considered carefully and that all aspects of it are taken into account. As members know, the consultation opened on Monday and will run until March. The important and integral issues of jury size, the majority that is required for conviction and the requirement for corroboration will also be taken into account.
The issues are complex, and our Parliament has been here before with the requirement for corroboration, to which, ultimately, no changes were made. Therefore, a period of thorough consultation is needed to ensure that we get it right. Unfortunately, that means that the process will take some time, but I would prefer that the job be done well rather than rushed through, with the outcome being its not being fit for purpose. Legal professionals, the third sector and people who have lived experience of the system all need time to give considered opinions. We cannot reach a decision until we have listened to all the key stakeholders and have a full understanding of how all the different parts of the system might work together.
The Scottish Government is committed to ensuring that victims’ rights are at the heart of delivering justice. The programme for government promised to make it a priority to put the voices of victims and a trauma-informed approach at the heart of Scottish justice. This year, the Scottish Government will unveil a new funding programme that will ensure that there is practical and emotional support in place for victims, survivors and witnesses of crime.
We will also introduce a new framework that will be specific to the justice system and will give staff the knowledge and skills that they need to understand and adopt a trauma-informed approach. That will help them to support victims more compassionately. Having worked in the social work justice sector, I think that that will really overhaul the system and give victims the support that they need.
Most important is that we will also prepare for the necessary legislative process to appoint a victims commissioner. The commissioner will provide an independent voice for victims, champion their views and encourage policy makers and criminal justice agencies to put victims’ rights at the heart of justice.
We also know that serious consideration will be given to the recommendations of the Dorrian review, including those on the introduction of specialist courts and allowing victims to prerecord evidence. The cabinet secretary spoke about aspects of that at a very useful meeting of the Criminal Justice Committee this morning, for which I thank him. That builds on important work that was done in the previous session—for example, on the Vulnerable Witnesses (Criminal Evidence) (Scotland) Bill, which was passed.
It is clear that we are committed to supporting victims and that the three-verdict legal system is undergoing the review that has been called for and is needed. If anything to make the system fairer and more trauma informed for complainers and victims can be done, we will do it. However, we will not make matters worse, so we must do this with careful consideration. I believe that that is exactly what the Government will do.
17:31