On 30 October 2025, the Victims, Witnesses and Justice Reform (Scotland) Act 2025 received Royal Assent after passing the Scottish Parliament on 17 September. The Act creates a Victims and Witnesses Commissioner, recasts information rights for victims, abolishes the not proven verdict and sets majority thresholds for guilty verdicts, establishes a dedicated Sexual Offences Court, strengthens special measures for vulnerable witnesses and parties, and introduces statutory anonymity for victims of specified offences.
The office of Victims and Witnesses Commissioner for Scotland is placed on a statutory footing as an independent juristic person, appointed by His Majesty on nomination of the Parliament and not subject to ministerial direction. The Commissioner’s general function is to promote and support the rights and interests of victims and witnesses, through engagement with victims and service providers, monitoring compliance with the Victims and Witnesses (Scotland) Act 2014 standards of service and the Victims’ Code, promoting trauma‑informed practice, and commissioning research. The Commissioner may not act in individual cases but can consider them to inform systemic recommendations.
To secure compliance the Commissioner may investigate whether criminal justice bodies have had regard to victims’ rights in decisions affecting them, set public terms of reference, require evidence and documents (with safeguards for live cases and prosecution sensitivity), and publish reports to Parliament. The Commissioner can require information on adherence to service standards, publicise unjustified refusal or failure, and refer matters to the Court of Session for enforcement. A confidentiality offence applies to protected information; statements to, and reports by, the Commissioner attract privilege in defamation law. A Victims’ Charter must be prepared within 12 months, annual reports published each year, and a three‑year strategic plan laid before Parliament; ministers may expand the remit to civil proceedings by regulations.
Trauma‑informed practice is defined in statute and embedded across criminal and civil procedure. Amendments to the 2014 Act, the Criminal Procedure (Scotland) Act 1995, the Courts Reform (Scotland) Act 2014, the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, and the Judiciary and Courts (Scotland) Act 2008 require courts and justice bodies to conduct business in a way that accords with trauma‑informed practice. Service standards for justice organisations must be revised within 18 months of commencement to reflect this duty.
Victim information rights are widened. Prosecutors must inform victims in solemn cases, on request, when a relevant charge is amended and a guilty plea accepted or when a plea of not guilty to a relevant charge is accepted, either promptly or, where the interests of justice require, after substantive conclusion. Prosecutors must also inform victims when a decision is taken not to prosecute or to discontinue proceedings.
The 2003 Act victim notification scheme is broadened. The previous 18‑month sentence threshold is removed, enabling victims to receive information about release and related events for sentences of any length and for detention without limit of time. Victims and, where applicable, their supporters or nominees may be given ancillary information to assist representations on licence conditions or temporary release, and decision‑makers must provide summaries of reasons when setting or refusing conditions. New provisions address children in detention, including opportunities to make representations linked to reviews under section 44 of the 1995 Act.
Where a victim has died or is incapable, ministers may designate one to four persons (in exceptional circumstances five) to receive information, or one person where the victim is incapable; a statutory code of practice will govern designation, evidence requirements and complaints. For child victims or designated persons, ministers determine whether information is provided to the child, a carer, both, or another suitable adult, having regard to age, maturity, views and best interests. The framework also covers cross‑border prisoner transfers, distinguishing unrestricted and restricted transfers and clarifying when Scottish rights apply and when victims should seek information from the receiving jurisdiction.
Victim statements are extended. In solemn proceedings a victim may make a statement for any offence; in other proceedings statements continue to be for prescribed offences. In sexual offence cases in the High Court or the Sexual Offences Court, complainers are entitled, on request, to a transcript of proceedings for trials that commenced on or after 31 December 2006.
The not proven verdict is abolished. Juries must now return either guilty or not guilty. A guilty verdict requires a statutory majority: at least 10 of 14 or 15 jurors, 9 of 13, or 8 of 12. Trials may continue where a juror dies or is discharged, provided at least 12 remain and the court considers it in the interests of justice. In summary trials, the court likewise delivers only guilty or not guilty.
Participation for disabled jurors is facilitated through ‘juror’s communication supporters’ appointed by the court to assist with communication, who may accompany the jury during deliberation under defined conditions. Affirmation wording is updated for juries in solemn proceedings. The Contempt of Court Act 1981 is amended to permit, with leave of the Lord Justice General, research into jury deliberations in solemn cases; Scottish Ministers must publish any commissioned research and a formal response.
A national Sexual Offences Court is created with jurisdiction across Scotland to try sexual offences on indictment and any related charges on an indictment that includes a sexual offence. The Court is presided over by the Lord Justice General, the Lord Justice Clerk or trained Judges of the Sexual Offences Court, has the sentencing powers of the High Court, and may sit concurrently in multiple locations. Cases may be transferred to and from the High Court or sheriff court on cause shown. The Court’s President is responsible for efficient disposal of business and must have regard to trauma‑informed practice.
Rights of audience are tied to training. Solicitors and advocates appearing in the Sexual Offences Court must complete approved training on trauma‑informed practice in sexual offence cases; for specified offences including murder, attempted murder, rape and attempted rape, solicitors must also hold High Court rights of audience. The Lord Advocate must publish the training requirements for prosecutors. Where an accused is unrepresented at a hearing where evidence will be taken, the Court must appoint a trained solicitor; legal aid is adjusted so that, where a sentence over five years or a risk assessment order is reasonably expected, representation by junior counsel without senior is treated as appropriate.
Special measures are strengthened. In the Sexual Offences Court, a ‘vulnerable witness ground rules hearing’ must be held. There is a presumption that all of a vulnerable complainer’s evidence is taken in advance by commissioner, by prior recorded examination, or by prior statement, unless a clearly justified exception applies. Admission of prior examinations is enabled both in the Sexual Offences Court and, more broadly, under the 1995 Act. Time limits for section 275 applications extend to 21 clear days; complainers may instruct a legal representative to be heard on such applications, with rights to receive relevant documents and an offence for misuse of disclosed material. Appeals may be taken by the complainer’s legal representative against decisions to grant section 275 applications.
Statutory anonymity is introduced for victims of specified sexual and related offences. Publication likely to identify a victim is prohibited for life, with a limited defence where informed written consent is obtained from an adult victim. A sheriff may dispense with anonymity for a child victim where specific conditions are met. Offences and corporate liability are created for unlawful publication, with available defences where material was already in the public domain in defined circumstances.
Non‑harassment orders must be considered by courts in a wider set of cases, including stalking and offences under the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, and courts must have regard to prior bail conditions restricting contact. Protective orders made elsewhere in the UK-such as non‑molestation, restraining and stalking protection orders-are enforceable in Scotland, with penalties up to five years’ imprisonment on indictment, subject to the maximum penalty available for the equivalent offence in the originating jurisdiction.
Access to support is reframed as a right. Competent authorities must tell victims that services are available, enable referral with consent, allow victims to discontinue at any time, and supply details for direct contact if preferred. The chief constable must publish guidance for constables on referral practice.
Parole and release decision‑making is tightened. The Parole Board must, when deciding on release in murder and culpable homicide cases where remains have not been recovered, consider whether a prisoner has information about the location or disposal of remains and has failed to disclose it. The Board must also consider the likely impact of decisions on the safety and security of any victim or family member. Licence conditions must consider exclusion zones where release may adversely affect victims, family members or other identified persons.
Implementation is staged. Commencement will be by regulations; several powers allow further modification. Ministers must review, within two years, victims’ access to information about fixed penalty acceptances and domestic abuse cases with related proceedings, reporting to Parliament. A broader statutory review of the Act’s operation, changes to corroboration and measures taken to improve victims’ and witnesses’ experiences must be published after five years and again after the subsequent five‑year period. The Commissioner is brought within the remits of FOI, public records, procurement and the Scottish Public Services Ombudsman.