POLITICS MATTERS: Stop victims being the poor relation in the Scottish criminal justice system

I was back treading the boards in my old haunt of the Scottish Parliament this week.

The Finance and Public Administration Committee kindly invited me, along with former sparring partner, the SNP’s Alex Neil, to provide evidence for the future role of Parliamentary Commissioners.

Over 14 years ago, I had proposed a Member’s Bill to create a Victims’ Commissioner for Scotland. Looking through the dusty files of my original proposal in 2010, I was struck by how little had changed today for victims and witnesses. I argued in the committee on Tuesday that we need to create a champion who ensures that the needs of victims and witnesses are being respected and met.

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Many years ago, I met Sarah Payne, the first Victims’ Champion for England and Wales. Sarah’s daughter was murdered by Roy Whiting, who was convicted of murder and given a life sentence. She was an inspired choice for the new post and put her tragic experience to constructive use to campaign for improved rights for victims and witnesses.

My Bill had been framed to incorporate Sarah’s experience as champion for England and Wales. The Scottish Victims’ Commissioner would be independent from government and would promote an awareness and understanding of the rights of victims in Scotland.

The Bill provided for a power to carry out investigations, not of individual cases, but of any key national ‘systems failures’ in the Scottish criminal justice system. The new proposals would also provide a sounding board for the Scottish Government and ordinary backbenchers when proposing new legislation.

The Victims’ Commissioner could then take a view on how the new legislation might affect victims and witnesses.

One reason I was so motivated to provide a better deal for victims was from hearing about harrowing experiences of constituents on my surgery tours as an MSP. For example, in early 2009 a young constituent came to see me.

As reported in the press at the time, she and her daughter had been awakened in the middle of the night by the noise of petrol being poured through their letterbox. They escaped the inferno that the house quickly became purely because neighbours found a ladder outside and they were able to leave through an upstairs window, as the house literally went up in flames around them. However, their ordeal was not over.

The ensuing trial of the alleged perpetrator became another cycle in their sense of anxiety, fear and humiliation and they felt like bit players in a drama in which they had no script. It is fair to say that there have been improvements since then in the treatment of witnesses and victims.

The Victims’ Strategy, the use of victim statements and the victim notification scheme are to be welcomed. I do recognise that – but the point is that although some things have got better, a great deal more still needs to be done.

Organisations such as Victim Support Scotland do a superb job, but there is no single co-ordinating voice and no-one has the statutory power to examine systemic failures on the national scale. The gap is between victims and victims’ organisations and government.

The first England and Wales Victims’ Commissioner, Louise Casey, said to the Justice Select Committee at Westminster shortly after her appointment that her role was ‘to challenge the whole of the Criminal Justice System to do right by victims and witnesses’. That was the intention of my Bill in 2010 and I am pleased that the Scottish Government has incorporated the concept of a Victims’ Commissioner and key aspects of my Bill into legislation going through parliament currently.

Perhaps now victims will no longer be the poor relation in the Scottish criminal justice system.

Best wishes to ICT

I will be watching Caley Thistle’s crunch match against Hamilton this evening – along with fans across the length and breadth of the Highlands and beyond. Best wishes to Duncan Ferguson and the team – this will be a cup final in all but name. I hope my lucky scarf is on form!

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