Learning disabilities, victims bill and conversion practices

Public Policy Highlights April 2024

Learning Disabilities, Autism and Neurodivergence Bill

The Law Society of Scotland responded to the Scottish Government’s Learning Disabilities, Autism and Neurodivergence Bill consultation, supporting the intention to better protect, respect and champion the rights of neurodivergent people and people with learning disabilities.

However, the response highlighted a need for further clarity to ensure that any legislation in this area does not give rise to unintended consequences and inadvertently discriminate against groups with similar needs.

The Society calls for consideration to be given to avoiding unnecessary overlap with other legislation and suggests that if people who have a learning disability or are neurodivergent are not able to access support they are entitled to due to lack of understanding or knowledge of existing legislation by public bodies, then this should be tackled though addressing a failure to apply or interpret legislation rather than developing new legislation.

Find out more and read our full response 

Victims Bill – Stage 1 briefing

In advance of the Stage 1 debate on the Victims, Witnesses and Justice Reform (Scotland) Bill in the Scottish Parliament on Tuesday 23rd April, the Law Society of Scotland issued MSPs with a briefing on some of the key aspects of the Bill.

The briefing welcomed the establishment of the Victims and Witnesses Commissioner for Scotland, the implementation of trauma-informed practice and special measures in civil cases. The briefing also supports the possibility for complainers to have access to independent legal representation in limited cases and the provisions that protect the anonymity of victims of certain offences.

However, the Society opposes the abolition of the not proven verdict, as it acts as a safeguard against wrongful convictions. The briefing suggests that if it is abolished, another safeguard should be introduced.

The Society also has serious concerns about the proposed changes to jury sizes and majorities required to convict. In the Society’s view, if the number of verdicts and jurors is reduced, unanimity or close to unanimity should be required to convict.

The response strongly opposes the implementation of single judge trials for rape and attempted rape and argues that judges – as everyone – are subject to unconscious bias that could affect their decisions. Additionally, the anonymity of jurors makes them less vulnerable to public and political pressure that could affect the deliberation process.

Find out more about the Society’s work on the Bill

Ending conversion practices in Scotland

The Law Society of Scotland responded to the Government consultation, Ending Conversion Practices in Scotland. It welcomed in principle the consultation’s proposals and acknowledged that current criminal law does not address the precise nature of conversion practices and supports the need for new legislation.

However, the response also noted the requirement for any criminal legislation to be “clear and drafted in such a way as to avoid the inadvertent criminalisation of innocuous conduct that would ordinarily be considered to fall far below the threshold of criminality”.

The Society suggests that the draft legislation in the consultation is too broad and risks capturing some circumstances that the consultation states the Scottish Government does not intend to include.

Find out more and read our full response

Find out more about the Law Society of Scotland’s work on influencing law and policy