Hansard

I am happy to speak to the Government motion and to support the vision of a just, safe and resilient Scotland that puts victims and witnesses at the heart of our justice system. The publication “Trauma Informed Justice: A Knowledge and Skills Framework for Working with Victims and Witnesses” identifies six key aims of a trauma-informed justice system. They are to

“Understand the prevalence and impact of trauma on both witnesses and the workforce”,

to

“Avoid re-traumatisation where at all possible”,

to

“Support recovery from the impact of trauma where possible”,

to

“Uphold the rights of witnesses affected by trauma to equal and effective participation in the legal process”,

to

“Support resilience of the workforce and reduce the potential impact of vicarious trauma”,

and to ensure that

“Leadership and management of organisations and systems uphold these aims”.

In some ways, it is a bit strange to find ourselves here in 2023 with those aims and principles not already embedded, when so much is known about trauma. However, the good news is that they set crystal-clear expectations and give a helpful road map to get us there, which I welcome. Change is needed.

Fair access to justice must be underpinned by a justice system that allows victims of any crime to fully participate and give evidence without that process contributing to further trauma or harm. That is fundamental to the rule of law and our democracy, and without it we put at risk the safety and trust of our communities. To meet that vision, we must ensure that our justice system does not introduce new trauma into people’s lives and that it avoids retraumatisation.

I think that we all agree on the critical importance of staff having a shared understanding of the impact of trauma as well as the knowledge and skills to minimise retraumatisation and support recovery. The acknowledgement of the effect of vicarious trauma on the workforce is important, too.

Because victims and survivors of crime and witnesses can be affected by trauma in many ways, it is imperative for the criminal justice system to be designed to be person centred and trauma informed. The motion notes the opportunity for the Parliament to further consider those issues through its scrutiny of the Victims, Witnesses, and Justice Reform (Scotland) Bill. There is much to welcome in that bill—in particular, I join colleagues in welcoming the abolition of the not proven verdict.

Another relevant piece of legislation that is making its way through the Parliament at the moment is the Children (Care and Justice) (Scotland) Bill, which seeks to further children’s rights and uphold the Promise. The bill aims to increase safeguards and support, especially to those who may need legal measures to secure their wellbeing and safety.

In putting witnesses and victims at the heart of our justice system, it is crucial that we remember child victims of criminal harm. The majority of victims of crime who are harmed by children are themselves children. Victim Support Scotland has provided the Education, Children and Young People Committee, of which I am a member, with evidence that it does

“not believe that the children’s hearing system currently takes sufficient cognisance of victim safety or the wider elements of public protection into account, as it is currently drafted.”

The organisation suggests that victim safety and public protection should be more in line with the measures that are available to courts in order to protect victims of crime.

I welcome the Scottish child interview model that the cabinet secretary mentioned. Victim Support Scotland told us that the process of how child victims of crime are dealt with needs to be radically reformed. The organisation rightly points out:

“The Getting it Right For Every Child (GIRFEC) principles and values are not only designed to assist and help children who have harmed but also to help and assist children who are victims of crime regardless of the age of the person who has caused them harm.”

We are still at stage 1 of our scrutiny of the Children (Care and Justice) (Scotland) Bill and I hope that the Government will be open to changes that further children’s rights even more, perhaps particularly on information sharing to allow safety planning for victims.

In a briefing that was sent ahead of the debate, Children 1st highlighted the bairns’ hoose approach, which is also to be welcomed. I note that Scotland’s first bairns’ hoose will open this summer and I support Children 1st’s conclusion that that approach will have a transformational impact. However, I acknowledge that, as Children 1st tells us, more energy and resource will be required to ensure that all children and young people have access to it when they need it.

At all levels of the justice system, we must have an effective, trauma-informed approach that supports people at their most vulnerable. Every contact that an individual has with the justice system can have a significant impact. Evidence shows that how we are treated affects our feelings about, and confidence in, justice processes and that those experiences are often as important as the conclusion of a case or dispute.

For the justice process to work effectively and to encourage people to report crime, victims and witnesses need to know that the services that they encounter are designed to support and help them and that the people who work within those services listen to and respect their needs. With the knowledge and skills framework and upcoming legislation, we have the opportunity to ensure that that is the case.