Victim Rights (Court Procedures)

The First Minister and I met Shaun Woodburn’s family on 10 January. We were both struck by the dignity with which they have conducted themselves in such difficult circumstances. I understand that the family are with us in the chamber today and I take the opportunity to offer again my condolences for their tragic loss.

This Government has already taken a number of steps to enhance the rights of victims. The Victims and Witnesses (Scotland) Act 2014 improved the support and information made available to victims. That includes providing victims and bereaved relatives with new rights to access information and reasons for decisions made about their case. It also created a duty on justice organisations to set clear standards of service, so that victims know what to expect and whom to contact if the service that they receive does not meet their expectations. In addition, we published the “Victims’ Code for Scotland”, which clearly and simply sets out the rights of victims in one place.

It is important that we continue to listen to the experience of victims and their families and consider further improvements that can be made. Indeed, we are currently working with our justice partners and victims organisations to explore a single-point-of-contact model for victim support. That will help to ensure that those who experience serious crimes receive a consistent and individually tailored level of support for as long as they feel is necessary.

Sentencing in any given case, including decisions relating to the publication of sentencing statements, is a matter for the court. A judge will often give reasons for imposing a particular sentence in court at the time of sentencing or, where the disposal is under challenge, in a subsequent report to the appeal court. The sentencing of convicted persons is usually announced orally in court and, in certain cases, a sentencing statement may also be published thereafter.

The decision on whether to publish a sentencing statement is at the discretion of the independent judge in the performance of their judicial function; the Scottish Government cannot interfere with that. However, we as a Government support transparency in sentencing, so that everyone involved in a case can understand the reasons why a sentence has been given.

As I mentioned previously, in the meeting with Mr Woodburn’s family on 10 January, the victims’ code provides relatives with the opportunity to request of the Scottish Courts and Tribunals Service that the reasons for sentencing decisions be published and made available to the family.

Of course, I will ensure that the issues that the member has raised are highlighted to the Lord President to see whether any further progress can be made on improving how the system is operating.