The Scottish government’s flagship justice reform bill – which includes abolishing the controversial not proven verdict – is expected to be approved by MSPs on Wednesday.
The Victims, Witnesses and Justice Reform (Scotland) Bill faces its final vote at the Scottish parliament.
A debate of more than 160 amendments began on Tuesday, with the final Stage 3 vote expected later today.
If passed, the new legislation will make a series of changes to the justice system, including scrapping the not proven verdict; establishing a specialist sexual offences court; creating a victims and witnesses commissioner; reforming the jury process to require a two-thirds majority for conviction; and requiring the parole board to take into account if a killer continues to refuse to reveal where they hid their victim’s body – a proposal named Suzanne’s Law.
An earlier plan to pilot juryless trials in rape cases was dropped by the Scottish government last year due to a lack of cross-party support.
Justice Secretary Angela Constance said: “This landmark bill, if passed by parliament, will transform the experiences of victims and witnesses within Scotland’s justice system.
“Victims will be heard, supported, protected and treated with compassion, while the rights of the accused will continue to be safeguarded.”
Ms Constance said abolishing the not proven verdict will ensure a “clearer, fairer and more transparent decision-making process”.
Like not guilty, the centuries-old not proven verdict results in an accused person being acquitted.
Critics have argued it can stigmatise a defendant by appearing not to clear them, while failing to provide closure for the alleged victim.
Due to it being used “disproportionately” in rape cases, campaigners against violence against women have campaigned for it to be abolished.
Ms Constance added: “There will also be wholesale reform to the management of sexual offence cases as we know these victims in particular, who are mostly women and girls, can be retraumatised by the current system.
“This legislation was shaped by the voices of victims, survivors, and their families who have campaigned long and hard for further change.
“Parliament must stand with them and help ensure the justice system doesn’t just respond to crime but helps those who have been harmed to rebuild their lives.”
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Victim Support Scotland backs the changes and what the proposed legislation “promises to deliver”, urging MSPs to put aside party politics and vote “for the intention of the bill”.
Opposition parties have lodged a series of amendments in a bid to bolster the bill, including allowing victims to be given the right to make a statement in court; ensuring victims are told if a decision is taken not to prosecute an accused; and informing all victims when a plea deal is struck between the defence and prosecution lawyers.
The Scottish Conservatives want to see a Scotland-only grooming gangs inquiry and are additionally calling for Suzanne’s Law to be strengthened, which would compel killers to reveal the location of their victim’s bodies or face having their parole rejected.
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The proposal is named after Suzanne Pilley, 38, who was murdered by David Gilroy in 2010 but whose body has never been found.
Under current legislation, parole board rules dictate that a killer’s refusal to disclose the information “may” be taken into account.
Scottish ministers have accepted a proposed amendment that states parole boards “must” take into account the refusal to cooperate, but the Scottish Tories and campaigners are calling for it to go further and instead ensure “no body, no release”.
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Scottish Tory MSP Liam Kerr, shadow justice secretary, said: “Parliament has the chance to reboot Scotland’s justice system so that it finally gives crime victims the rights they need and deserve.
“But the SNP bill, as it currently stands, fails to deliver that, so we can’t vote for it. At the moment, it’s a victims’ bill in name only – a wasted opportunity.
“The Scottish Conservatives have submitted several common sense amendments to strengthen this bill and deliver the real change that victims’ groups demand.
“I’m pleased that the SNP have backed our calls to scrap the not proven verdict and have heeded our opposition to their juryless trials plan – but now they must go further.
“I urge the nationalists to accept our amendments, instead of selling victims short.”
