Justice Reform Bill call for views opens at Holyrood

A call for views on the Victims, Witnesses, and Justice Reform (Scotland) Bill has been issued by the Holyrood committee scrutinising the bill at stage 1.

Changes to the size of juries, the abolition of the not proven verdict, a new Sexual Offences Court and a pilot of rape trials conducted by a single judge without a jury, as well as the establishing of a new Victims and Witnesses Commissioner, are all provided for in the bill. The legal profession however has signalled that it will not take part in the proposed non-jury court for solemn trials.

The Scottish Government wants the bill to improve the experiences of victims and witnesses with the justice system – in particular, the victims of sexual crime.

Lead committee on the bill, the Criminal Justice Committee is planning a lengthy stage 1 process which will extend into the early part of next year. Its evidence sessions after the call for views closes will be held in three phases:

• Phase 1 will focus on matters including the new Victims and Witnesses Commissioner, whose main function would be to promote and support the rights and interests of victims and witnesses. It will also cover trauma-informed procedures and civil law cases.
• Phase 2 will consider provisions such as the reduced size of juries (12 rather than the present 15), and the abolition of the not proven verdict.
• Phase 3 will look at proposals including the new Sexual Offences Court, and the proposed pilot of rape trials conducted by a single judge without a jury.

Committee convener Audrey Nicoll MSP commented: "As a committee, we know there is a great deal of public interest in this bill and we intend to consider its provisions in a thorough and balanced way.

"The bill proposes a number of fundamental changes to the justice system in Scotland and it is essential that these changes act to improve the experience of victims and witnesses.

"We recognise the controversy over some aspects of this bill, but it is important that the committee hears from all sides before forming any conclusions.

"Our call for views is now open and we look forward to hearing your thoughts on the various provisions in the bill."

Find the call for views here. Submissions close on 8 September 2023.