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Meeting of the Parliament 12 December 2013

12 Dec 2013 · S4 · Meeting of the Parliament

Item of business

Victims and Witnesses (Scotland) Bill

Pearson, Graeme Lab South Scotland Watch on SPTV

I thank the clerks of, and the colleagues who remain on, the Justice Committee for the work that they have done and the commitment that they have shown over the past few months in dealing with the bill.

Despite the fact that many of the amendments that we proposed this afternoon were unsuccessful, it is appropriate to thank those who, on behalf of the Parliament, prepared those amendments for the high-quality work that they turned round.

Most of all, I record my thanks to the victims who came forward and shared their experience of the current situation and the system that operates to deliver justice throughout Scotland. There is no doubt that that experience has been a very mixed bag.

As I indicated earlier, the approach that has been taken in the bill was driven largely by a desire to ensure that Scotland fell into step with European directives on victims and witnesses, which is a laudable outcome in itself. However, I think that that approach has meant that there has not been quite enough focus on the needs of victims and witnesses in the light of the reality of their experience in our system. To that extent, I am disappointed at the lack of ambition to deliver on some of the needs that victims and witnesses have been so willing to share with us.

The cabinet secretary has indicated that the ability of services to deliver a uniformity of provision is extremely important for the future, and I agree. However, in evidence to the Justice Committee, it was made very clear by witnesses from the police and other services that, at the moment, they do not have the facilities to deliver the kind of information that is required in a format that witnesses and victims would find acceptable. That is a real worry and concern for the years ahead, as we look to see how we can improve the experience of witnesses. I hope that the cabinet secretary will remember that evidence and take particular account of the need to ensure that systems operate effectively and collaboratively within each service and across services.

We have rehearsed the impact on witnesses and victims of their experience in court. I found it moving to discover that their experience of the court process had an impact that almost matched their experience of the crime and to hear that they did not understand what was happening or the layout of the court, because no one had explained to them the processes that they were to enter into. Despite my experience of nearly four decades, something that had passed me by was the fact that many victims and families find it extremely galling and painful to constantly have to iterate the name of the accused to find out information about the case. There must be a way in which our system can adapt so that it can deal with such details, given the impact that they have on victims, which can remain with them for years.

On victims’ involvement in the victim notification scheme, it became apparent that to receive through the post, out of the blue, an official letter that is written in bureaucratic language and which is necessarily devoid of emotion takes the victim or their family right back to the crime and leaves them at home—often alone—to consider their next steps. In one case, the widow of the deceased in a murder trial was left to make contact with the authorities in the way that was indicated in the letter. She eventually received six letters that identified five named contacts, yet there was still an absence of information. Although we have considered how we can move forward into a brave new world, the cabinet secretary needs to understand that the world in which we exist is far removed from the guidance and the decisions that the Parliament has taken to protect our victims and witnesses.

We have spoken a great deal about the issue and the impact that it has on victims but, from a selfish point of view, the Parliament should be concerned about the range of victims and witnesses who have suffered as a result of the system. The system cannot work if the public do not have the confidence to engage with it. When people who have been victimised are witnesses in court, they are often left denuded of any confidence as citizens. They are left damaged and less able to rejoin the community as fully fledged citizens, and they are certainly less willing to engage with the system or to become involved in it again the future.

All the amendments were lodged with a view to improving the situation—to balancing the rights of the accused with the needs of the victims and witnesses in our system. I hope that the cabinet secretary has taken account of some of the evidence that we have offered through the afternoon and that he will take steps to improve the bill’s contents.

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