Meeting of the Parliament 17 September 2025
It is safe to say that the passage of the Victims, Witnesses, and Justice Reform (Scotland) Bill has been long, complex and challenging—and rightly so, given the transformational ambition of the bill, which derives from the Lady Dorrian review, and which centres on delivering meaningful change for victims and witnesses in the justice system.
I, too, thank everyone who contributed to the shape of the bill as it stands before us today at stage 3. The extensive debates at all stages reflected the breadth of the bill and our collective desire to shift the dial on the common and, often, justified perception that the system fails to adequately support those whom it is meant to protect. I will quote the words of a survivor who gave powerful evidence to the Criminal Justice Committee at stage 1. She said:
“when we talk about what happened, each one of us mentions the exact date that our case went to trial. We remember the date that we were raped, but we also remember the date that we went to trial, because they are as traumatic as each other.”
Speaking as a member, rather than the convener, of the Criminal Justice Committee, and through the lens of a career in policing, I say that the bill presents a huge opportunity for us to create a contemporary and modern justice system that we can be proud of.
There is not enough time to comment on all the provisions in the bill, so I will reflect on a couple: the removal of the not proven verdict and the establishment of a specialist sexual offences court. First, I thank everyone, including campaigners and colleagues, for their efforts in making the case for free court transcripts. I hope that that proves to be a small but meaningful option for survivors as they move on from their experience of sexual crime.
There is no doubt that the not proven verdict has had its day and should be abolished. During scrutiny of the bill, some argued that the not proven verdict is a unique and historical feature of the Scottish legal system that should be retained. However, that is hardly a good reason for keeping it. Indeed, the Criminal Justice Committee heard compelling evidence about the devastating impact that that verdict—which cannot be defined—can have on victims. Even for the accused, it can be an unsatisfactory outcome and leave a lingering stigma.
The creation of a specialist sexual offences court is a key reform in the bill and is informed by survivors, their families and many others. It is supported by victims, stakeholders and leading members of the justice system. It provides a real opportunity to reform practice, process and culture by improving efficiency and effectiveness, reducing the number and frequency of unnecessary court adjournments and ensuring that cases reach trial more quickly. The status quo is simply not an option. I agree with the cabinet secretary’s view that the idea of creating specialist divisions of the High Court and sheriff courts
“prioritises hierarchies, status and tradition over progressive and practical solutions that will improve the experiences of complainers in sexual offences cases.”—[Official Report, 16 September 2025; c 114.]
There is so much more to say, but I will conclude. Over decades, we have seen meaningful change in culture, legislation and attitudes, but we need to do so much more. I urge members to support the bill.
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