CONTROVERSIAL legislation promising sweeping changes to Scotland’s justice system has passed its first parliamentary test.
The Victims, Witnesses and Justice Reform (Scotland) Bill covers vast tracts of Scotland’s legal system, not only seeking to ditch the centuries-old and widely criticised verdict of “not proven” but create the post of victims’ commissioner and victims of sexual offences the right to lifelong anonymity.
But the inclusion of a clause to pilot juryless trials in cases of rape, aimed at increasing the 24 per cent five-year conviction rate, attracted the most concern from MSPs and from the legal profession.
The Bill passed its first reading on Tuesday with 60 votes and none against, but 62 MSPs from across the political spectrum abstained, including a rare SNP back-bench rebellion.
Kate Forbes, who narrowly missed out on the SNP leadership a year ago, joined five other party colleagues, Annabelle Ewing, Fergus Ewing, Christine Grahame, Ivan McKee and Michelle Thomson, half of whom are lawyers, in refusing to back the plans.
Outlining Labour’s concerns, Pauline McNeill told Parliament her party remained opposed to juryless trials.
She said: “We believe that they need a comprehensive plan to look separately at each reform contained within the Bill.
“We believe there is too much substantial reform in one Bill.”
Closing the debate, SNP Justice Secretary Angela Constance said she would “reflect on differences of opinion,” but told the chamber: “I believe the time for change is now.
“It is clear our justice system needs to change the way in which it responds to serious sexual offending.
“No part of our justice system should be exempt from review.”
Children 1st charity welcomed the proposals, but urged the Scottish government to go further to join up support and the justice system.
The charity’s chief executive Mary Glasgow called on the Scottish government-backed “Bairns’ Hoose” multi-disciplinary model of support for child victims and witnesses, based on Iceland’s Barnahus and piloted by the charity, to be included in the Bill.
She said: “The Bairns Hoose model of care, justice and protection will deliver on many of the Bill’s aims and aspirations, if it is taken to scale with proper planning, investment and resources.
“We’re extremely surprised about the lack of connection to Bairns Hoose in the Bill and urge the Scottish government to deliver a more joined-up approach to policy, which prioritises the needs and rights of children.”
