Roundtable events dig below the surface of criminal justice reforms

The Law Society of Scotland has taken a strong interest in the complex and intertwined criminal justice reforms proposed in the Victims, Witnesses and Justice Reform (Scotland) Bill.

We have publicly stated our deep concern at parts of the legislation, in particular a planned pilot of juryless rape trials, while giving our support for other elements and continuing to work constructively with the Scottish Government and other interested parties.

To that end, in recent months we have organised two roundtable events – held with a hybrid format on 8 March and 10 April, 2024 – and invited representatives from the legal professions, the judiciary, MSPs, third sector organisations, and academics. Two members of the Scottish Parliament’s Criminal Justice Committee, which has played a key role in examining this legislation, joined the first event.

The main purpose of these meetings was to bring together a diverse range of views on the most controversial proposals contained in the Bill, such as the changes in the jury system, the creation of a new Sexual Offences Court, and the juryless trials pilot.

During the discussions, participants agreed that more can be done to improve the experiences of complainers and witnesses in the criminal justice system. However, despite the significant changes in the Bill, participants highlighted that many of these measures were not covered in its provisions.

Participants additionally called for the implementation of changes based on evidence and with clear and measurable outcomes. The appropriate allocation of resources for all the measures contained (and not contained) in the Bill will be fundamental for success.

Two notes of the discussions were taken, respecting the Chatham House Rule. Some of the main ideas outlined in these notes are:

• Participants recognised the importance of improving the communication between complainers and the Prosecution, Courts staff and criminal practitioners. Improving communication channels will have resources implications but can impact positively on the experiences of complainers and witnesses with the criminal justice system.
• For many participants, more reliable data is required to evaluate if any change is needed regarding the verdicts available, jury size, and majority required to convict.
• The success in the implementation of the new Sexual Offences Court and independent legal representation for complainers will depend on the allocation of appropriate funding and training. Those resources are needed, for example, to provide for appropriate court rooms considering the needs of complainers and witnesses who must currently share spaces with the accused person or family, negatively impacting their experiences.

• Participants considered that complainers should receive information and support in all stages of the criminal process, with a human approach. While technology can help to improve communication, it should not replace human contact.
• Many participants agreed that trauma-informed practice training should be provided in law schools.
• Some participants were seriously concerned about the lack of details on the single judge pilot proposal, in particular how the cases will be selected and how the pilot will be evaluated.
• The Bill’s scope excludes many measures that could be considered for improving the experiences of witnesses. For example, improving investigation practices, reducing court delays, maintaining appropriate training for judges and court staff, and implementing written directions to juries and routes for verdicts.

 You can access the roundtable notes in full here.