Victims, Witnesses, and Justice Reform Bill — What’s Changing, What It Means, and What We’ve Been Doing
- Lindsay Conchar - Scots Law Talks
- Sep 22
- 6 min read
Scotland is going through some of its most significant legal reforms in years. The Victims, Witnesses, and Justice Reform (Scotland) Bill has now passed through its final stages in Holyrood. It introduces wide-ranging changes intended to improve how the justice system treats victims, witnesses, and those involved in certain criminal proceedings.
Below is a breakdown of the major changes, what people are saying, and how Scots Law Talks’ series Taking Secrets to the Grave intersects with many of these reforms.
What the Bill Changes
Here are the main reforms now being enshrined in law:
Victims & Witnesses Commissioner for Scotland
A new, independent office will be established to represent and safeguard victims’ and witnesses’ interests, promote their rights, and hold services to account.
Trauma-informed practice
Courts (criminal, civil, fatal accident inquiries, etc.) will be required to conduct proceedings in a manner that recognises trauma: scheduling, sensitivity to delay, more support in how hearings are conducted to avoid retraumatisation.
Strengthened rights, information & notification
Victims will have enhanced rights to be informed when key decisions are made (such as whether to prosecute or when proceedings are discontinued).
There will be improvements to the victim notification scheme (keeping victims updated on developments- although I believe victims must still opt in).
Greater ability for victim statements in solemn proceedings (Serious trials).
Complainers, especially in sexual offence cases, can request trial record transcripts and challenge evidence of their previous sexual history or character. This is hugely important as requesting trial transcripts can be hugely expensive.
As a side note, I requested Closing Arguments made/put to the jury: for both the defence and the prosecution and the judge's charge for case -I was quoted £4,119.02!
Law Texts
Jury and verdict reforms
The Not Proven verdict is abolished. Scotland will now have only Guilty or Not Guilty. Some legal professionals have argued that Proven and Not Proven would have been a better option, however this is not to be!
It was originally suggested that jury size may be changed (from 15 to 12) in certain cases. This has been dropped and 15 jurors will remain in Scotland. The required majority for a guilty verdict in solemn proceedings will be two-thirds. If kept at current 15 jurors, then 10 need to move for a guilty verdict for a conviction.
A pilot scheme for judge-only trials (without a jury) in rape / attempted rape cases was proposed but dropped after legal community opposition.
Specialist Sexual Offences Court and protections for complainants / victims
Establishment of a specialist court for sexual offences to provide more consistent, sensitive handling of these cases.
Lifelong anonymity for rape complainants and stronger legal representation rights when their past sexual history/character is challenged.
Empty Chair in Court
Parole / “Suzanne’s Law”-style changes
The Parole Board will now be required to take into account whether an offender has disclosed the location of a victim’s remains. This affects decisions of release for those who refuse to reveal where their victim is.
The Parole Board in Scotland already had this included in 'Rule 12' however, they have flexibility in considering non-disclosure due to the phrasing: 'may' rather than 'must' take into account.
There are also broader reforms to license conditions, exclusion zones, protective orders etc., designed to protect victims/families more effectively.
Reactions, Concerns & Debates
Support is strong from victim charities. Many see the abolition of Not Proven, the specialised court, trauma-informed duties, and stronger protection for complainants as real progress.
Legal profession (including Law Society of Scotland, Faculty of Advocates) have expressed concerns about requiring a two-thirds majority for convictions. Some argue this could make it harder to convict in some cases, especially sexual offence cases where evidence might already be difficult. These cases are often challenging to convict as due to the nature of these offences, there may not be eye-witnesses. In addition, the biological evidence may not demonstrate clearly that a sexual offence took place. It then falls to the victim and the accused's accounts to be examined during the trial.
People also question how well these reforms will work in practice—not just on paper. For example, trauma-informed practice requires investment: staff training, court scheduling, facilities, etc. There are worries that a lack of resources will mean the law changes but the lived experience doesn’t.
What Scots Law Talks Has Been Doing — Taking Secrets to the Grave
While the Bill has been debated and scrutinised in Parliament, we at Scots Law Talks have been running the Taking Secrets to the Grave series.
This has involved:
Events across Scotland (Montrose, Aberdeen, Peterhead, Dundee, Stirling, etc.) where audiences explore the difficult question: should an offender who refuses to disclose where their victim is ever be released on parole? And if so, how do our local communities want cases like these to be handled by our criminal justice system?
Taking Secrets to the Grave has asked people to vote, discuss, think with us, and share their views.
We’ve collected feedback from audiences about what feels fair, how justice should work when silence remains. These community voices connect directly to the legal debates about parole and disclosure of victims’ remains.
Our final event in this series will be in Aberdeen in 2026. After that, we’ll compile all the voting results and public feedback from across Scotland to see how people want parole decisions to align with these legal reforms—especially in the “Suzanne’s Law” part of the new legislation.
Real-Life Implications Going Forward
What do all these changes mean outside of Parliament and legal debates? Here are some of the ways people in Scotland are likely to feel the effect:
Victims and witnesses will have a stronger voice, clearer rights, and more protections. The hope is that delays, lack of information, retraumatisation may reduce - although time will tell...
Those who have suffered (especially in sexual offence or victim-remains cases) may feel more seen and supported. Anonymity, specialist courts, and stronger legal representation mean more dignity for complainants.
Jury decisions will change - with Not Proven gone, guilty or not guilty are the only verdicts that will be available. A two-thirds majority means serious trials may have different dynamics.
Parole boards will now have to consider whether offenders have disclosed victims’ remains. Whilst likely to have been a strong consideration already, this removes the flexibility that they once had. This may affect some cases; silence may no longer be something that can be set aside. Nonetheless, this does not mean that some offenders won't be released anyway and this has been seen with England & Wales equivalent of Helen's Law.
But implementation will matter: legal change isn’t always immediate change. If courts, support services, and criminal justice bodies don’t get the resources, training, and changes in culture, many reforms risk being symbolic rather than transformative.
What Comes Next — And How You Can Follow Along
We invite everyone interested in justice reform to attend our Taking Secrets to the Grave final Aberdeen talk in 2026. It’s your chance to engage, vote, speak, and be heard.
Once that event has happened, we’ll publish a summary of the public’s voting and feedback across Scotland, and compare it with how the law has moved. Are people’s views reflected in the changes? Where do gaps still remain?
Stay tuned here, and via our social media / subscribe for our email updates on how the law is actually rolled out!
Conclusion
The Victims, Witnesses, and Justice Reform Bill marks a watershed moment for Scots law. It pushes forward many reforms long called for by survivors, charities, and legal experts — from abolishing the Not Proven verdict, to embedding trauma-informed practice, to stronger protections in sexual offence cases, and crucially, changing the way that parole is considered for offenders who refuse to make a disclosure as to where their victims are.
Yet, legal reform alone is not enough. The real test will be how these changes touch real lives: victims, families, witnesses, and offenders. That’s where community voice matters.
That’s what Taking Secrets to the Grave has tried to bring: not just theory, but real people asking real questions.
We welcome you to keep watching, keep talking, and keep asking: Are our justice reforms fair? Do they reflect what Scotland believes justice should be?
Last Chance to join us for Taking Secrets to the Grave in 2025 below:
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