Concern over impact of children’s justice system reforms on victims
SCOTLAND’S leading charity for victims of crime has said a bill which reforms the children’s justice system risks infringing on victims’ rights unless it is amended.
Victim Support Scotland (VSS) said it is particularly concerned about the rights of young women and girls who have suffered genderbased violence.
The Children (Care and Justice) (Scotland) Bill will go to a final vote at the Scottish Parliament on April 24. It makes a number of changes to the way the justice system deals with children, including allowing 16- and 17-year-olds to be referred to the children’s hearings system rather than criminal courts.
But victim support organisations have raised fears that these hearings will not offer the same protections for victims as adult courts do.
Scottish Women’s Aid has previously warned there is a “significant gap” in support for those who are victims of a child’s criminal behaviour.
VSS acknowledged the Scottish Government has made progress on their concerns, but urged MSPs to support three amendments when the Bill goes to its Stage 3 vote.
Chief executive Kate Wallace said: “This Bill has brought to light significant issues regarding victims’ experiences, many of which victim support organisations have been raising for years.
“No matter how the perpetrator is supported – and to be clear, VSS is not arguing with that aspect – we at Victim Support Scotland are adamant that this should not negatively impact the support and information available to victims.
“There are already significant issues regarding the limited support, information, and safety planning currently available to victims. Our concern is that these will be exacerbated by the proposals regarding referral of cases involving 16 and 17-year-olds.”
VSS provided descriptions of a number of scenarios where its staff had supported victims of crime.
In a case where a nine-year-old boy was sexually abused by a slightly older child, it said a children’s hearing failed to put restrictions in place and there was nothing to stop them seeing each other again.
In another case, a child was seriously assaulted by another child at school. VSS said there were concerns that the focus was on ensuring the assailant could continue their education, rather ensuring the victim felt safe.
Wallace said VSS wanted to ensure victims’ rights are not compromised, and that “perpetrators’ rights are not prioritised over victim safety”.