Meeting of the Parliament 09 May 2023
I thank the Deputy Presiding Officer for granting me permission to leave the debate early, and I apologise to members for having to do so.
On behalf of Scottish Liberal Democrats, I welcome the trauma-informed justice framework. I thank all those who were involved in the process—especially those who have been affected by trauma and have shared their lived experience of the justice system.
Trauma affects the ability to cope with stress or difficult feelings, and it affects relationships and the ability to remember events. It is also why some victims take a long time to report serious sexual crimes. Retraumatisation occurs when victims are exposed to reminders of harm that they previously experienced. A witness can be perceived as being not credible because of behaviour that stems from trauma.
A trauma-informed justice system reduces the risk of retraumatisation by understanding what people need in order to feel safe, by making the process predictable and understandable, and by empowering people to engage effectively. That results in a system wherein harms are minimised, the workforce is empathetic and connected, and witnesses are supported to give better-quality evidence.
For the framework to make a difference, all those who work and volunteer in the justice system must receive tailored and on-going training to practise in a trauma-informed way. Effective leadership is needed if we are to achieve a trauma-informed justice system, and implementation must be accompanied by robust monitoring and evaluation.
The framework is a positive step, but it must be enacted across the board; it cannot work in isolation. A fair and effective justice system must understand and identify how discrimination impacts on crime and justice, and must ensure that all victims can seek redress.
The bairns’ hoose model for children and young people who are victims and witnesses requires a transformation in collaborative working between the police, social work services, healthcare services and the judiciary. The Scottish Government has an ambitious goal of making bairns’ hoose services accessible to all who are eligible by 2025. We must see the focus and dedication that will be required in order to meet that goal.
The Victims, Witnesses, and Justice Reform (Scotland) Bill is a welcome step. For some time, Scottish Liberal Democrats have been calling for reform that strikes a balance between the rights of the accused and the needs of victims. I welcome the provision to grant anonymity to victims of sexual offences.
Scottish Liberal Democrats support the proposal to scrap the not proven verdict. By appearing not to clear an accused person of charges, the verdict creates confusion for the public, stigmatises those who are acquitted and fails to provide closure for victims.
The proposed reforms will have impacts on juries. The Scottish Government has carried out mock-jury research, but I echo my colleague Liam McArthur’s request that the Scottish Government explore the possibility of further research with real juries.
The conviction rate for rape is the lowest of any crime type—it is 51 per cent, compared with 91 per cent for all other crimes. Most rape cases never make it as far as court. There is work to do to improve the chances of rape and sexual assault cases coming to court and being prosecuted.
Cross-party work has resulted in improvements to protection for vulnerable witnesses—for example, through allowing evidence to be prerecorded or provided by videolink. Those options must be available for anyone who needs them.
Access to legal aid continues to be a challenge for victims of domestic violence, particularly in cases of coercive control when a perpetrator has debts in the woman’s name. Action is needed to ensure that legal aid provision exists for those who need it.
Victims in island areas must not be disadvantaged because of their location. There have been improvements that have enabled adult survivors of rape and sexual assault in the northern isles to be examined without their having to be flown to the mainland. There is work to do to resolve the situation for children and young people, although there are understandable complexities to address.
Police Scotland’s island-based sexual offence liaison officers, who are responsible for being first responders to allegations of sexual offence, must receive on-going training to ensure that their expertise is always up to date.
Along with my party colleagues, I look forward to the important work of scrutinising the Victims, Witnesses, and Justice Reform (Scotland) Bill as it progresses through Parliament.