Justice reforms published in new Holyrood bill

Abolition of the not proven verdict, juries reduced to 12 in size with eight votes required for conviction, and a new Sexual Offences Court are among the reforms contained in a new bill introduced to the Scottish Parliament.

Implementing the justice reforms promised by the Scottish Government, the Victims, Witnesses and Justice Reform (Scotland) Bill also contains provisions on trauma informed practice, for a new Victims and Witnesses Commissioner for Scotland, and on extending the availability of special measures for vulnerable witnesses in civil cases.

Under the bill, a jury or summary court must deliver a verdict of either guilty or not guilty. A jury will consist of 12 jurors chosen by ballot in open court; if a juror is discharged the trial can continue if at least nine jurors remain. At least eight must be in favour of a guilty verdict to secure a conviction, or seven if the jury is reduced to nine or 10.

The Sexual Offences Court will consist of High Court judges or sheriffs appointed buy the Lord Justice General, who must have completed an approved course of training in trauma informed practice in sexual offence cases – a requirement that must also be met for a solicitor or advocate to have a right of audience before the court. If the indictment includes a charge of murder and/or rape, a solicitor must in addition be a solicitor advocate. The Lord Justice General and Lord Justice Clerk are also members of the court, and either of them or another High Court judge may be named President of the court.

The court may try any sexual offence triable on indictment, sitting anywhere in Scotland, along with any other offence that may be on the same indictment. It will follow the same procedure rules, and have the same sentencing powers, as the High Court. However special rules will apply to prevent the personal conduct by an accused of their defence at a hearing where witnesses will give evidence, and a prior hearing will be required where a vulnerable witness is involved, to ascertain how the witness's evidence is to be taken. A vulnerable complainer's evidence is to be pre-recorded unless certain exceptions apply.

For the first time a victim's anonymity will be protected by statute. Complainers will be entitled to independent legal representation where an application is made for evidence relating to their previous sexual history to be led.

Provision is also contained in the bill for ministers to make regulations for setting up pilot rape trials without a jury, in cases meeting criteria to be specified, with a report on the pilot to be published afterwards.

The Victims and Witnesses Commissioner will have the general function of promoting and supporting the rights and interests of victims and witnesses, through raising awareness, monitoring compliance, promoting best practice and carrying out research.

Court business in both the civil and criminal courts is to be scheduled having regard to the desirability of following trauma informed practice, and specific provision is made for court rules to ensure that proceedings are conducted  accordingly.

Cabinet Secretary for Justice and Home Affairs Angela Constance commented: "This bill will put victims and witnesses at the heart of the justice system. It is testament to the efforts of many campaigners who have worked to ensure that the processes of justice better serve victims, witnesses and vulnerable parties.

"This landmark legislation is among the most significant since devolution and will ensure fairness is cemented into the bedrock of Scotland’s modern-day justice system. Building on the experiences of survivors, victims, and their families, these key reforms will make justice services more sensitive to the trauma it can cause."

Access the bill and related papers here.