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Victims of serious crimewill eventually be notified when offenders make agreements with prosecutors after last-minute modifications to a key legislation approved bySNP ministers.
Justice Secretary Angela Constance said last night that she supports aToryan amendment that enables victims, in the most severe cases, to be notified when prosecutors reach plea agreements with defense attorneys, potentially reducing the offenders' sentences.
However, she also affirmed that she will turn down other changes related to the same matter, including a proposal that would guarantee all crime victims the right to be informed about confidential agreements.
Scottish Conservative leaderRussell Findlay viewed the progress as a 'positive move towards respecting victims' but believes it falls short of being sufficient.
His party plans to oppose the Victims, Witnesses and Justice Reform Bill in the final vote at Holyrood tomorrow unless ministers agree to additional 'common sense' amendments regarding matters such as informing victims when a decision is made not to prosecute an individual and establishing an investigation intogrooming gangs in Scotland.
When questioned about the calls to end the confidentiality of plea agreements, Ms. Constance stated: “I am pleased to have collaborated with Russell Findlay on amendment 38, which will ensure that in serious cases, victims who express a desire to receive details about plea discussions will be entitled to be actively informed.”
This also involves the ability to permit an extension for summary cases in the future.
We do not endorse other amendments that would take away victims' options and force them to be reached out to. This contradicts the trauma-sensitive approach we aim for in our justice system.
Five individuals who were victims of domestic abuse and featured in a BBC Scotland program titled "Surviving Domestic Abuse" have been urging the Scottish Government to implement changes, such as stricter measures against plea bargains.
Liz Shanks, who endured a three-year period of abuse from her former partner Christopher Forrest at her residence in Blantyre, learned that certain charges were dismissed after a confidential plea agreement.
Last week, she mentioned that individuals who have been victims of crime are not receiving attention from SNP ministers and feel 'disappointed'.
Mr. Findlay stated, "Every victim of a crime is entitled to be informed whether the person charged in their case is found not guilty or convicted."
So the SNP's assertion that it would be "trauma informed" for them to "opt in" and learn more about plea agreements is entirely baseless.
Individuals who have been affected are fed up with the SNP's legal framework, which frequently operates at a sluggish pace, lacks transparency, and is inequitable.
This amendment represents progress in ensuring victims are treated with dignity in plea agreements – however, it falls short, which is why I have introduced further amendments.
The Victims, Witnesses and Justice Reform is set to receive approval from MSPs after the concluding stage three debate at Holyrood today.
A lengthy series of amendments will also be put to a vote during the extended sessions prior to the late-night final vote, which is anticipated around 10pm.
Among the major alterations in the Bill, the "not proven" verdict in Scotland will be removed, and the jury size will be decreased from 15 to 12 members, with a two-thirds majority needed to achieve a conviction.
The suggestions have caused a negative reaction from the legal community, with Tony Lenehan KC, the vice dean of the Faculty of Advocates, cautioning yesterday that it could 'devalue the guilty verdict' and 'raise the chance of incorrect convictions'.
Kate Wallace, the head of Victim Support Scotland, stated that the bill "marks substantial legal changes for victims" through offering tangible enhancements.
She stated: "Many individuals have been diligently advocating for change over months, years, or even decades. What we now request of the MSPs is to cast their vote in support of the Bill's intent."
Certainly, there are parts where more progress can be made, and we will keep pushing forward and aiming higher. However, we should recognize the major step forward and foundation for future changes that this Bill signifies.
‘VSS is dedicated to amplifying the voices of survivors, advocating for reform, and partnering effectively to promote favorable progress.’
Before the Stage 3 debate, our request to all MSPs is to cast their vote on the Bill, to support this Bill, and to set aside party differences, recognizing that their constituents, and indeed any of us at any point, could become a victim of crime and require the rights and protections provided.
Scottish Conservative justice spokesperson Liam Kerr stated that without additional modifications, the bill will be 'a missed chance' that 'underestimates the needs of victims'.
Ms Constance stated: 'This significant Bill, once approved by Parliament, will enhance the experiences of victims and witnesses in Scotland's legal system.'
Victims will be listened to, given assistance, kept safe, and shown kindness, while the rights of those accused will remain protected.
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