The Scottish Government will allow only some victims of serious crimes to be told when prosecutors strike plea deals with defence lawyers after Justice Secretary Angela Constance agreed to back a Conservative amendment covering the most serious cases.
Constance said she would support amendment 38, which gives victims in solemn cases who have indicated they wish to be informed a right to be proactively told of plea negotiations, and includes a power to extend the measure to summary cases in future. She also confirmed she would reject other amendments that would have required prosecutors to notify all victims about plea deals.
The move followed calls from victims' campaigners and the Scottish Conservatives for greater openness around plea bargaining, a process that can result in reduced charges or shorter sentences and has drawn criticism for its secrecy. Scottish Conservative leader Russell Findlay welcomed the concession as "a step forward to treating victims with respect" but said it fell short of what his party wants and indicated his party could still vote against the Victims, Witnesses and Justice Reform (Scotland) Bill unless further changes are made.
Findlay said victims have a right to know the outcome of cases involving the people accused of harming them and criticised the SNP's proposal to require victims to opt in, calling it inconsistent with a trauma-informed approach. "All crime victims have the right to know whether the accused in their case is acquitted or convicted," he said. Conservative justice spokesman Liam Kerr warned that without additional changes the bill would be "a wasted opportunity" that sells victims short.
Campaigners who have pressed ministers on the issue include a group of domestic abuse survivors who featured in a BBC Scotland documentary, Surviving Domestic Abuse. One survivor, Liz Shanks, said she discovered some charges against her abuser had been dropped following a plea deal and has said victims feel "let down" by ministers.
The bill is expected to pass after a final stage three debate in Holyrood, where MSPs will vote on a large number of amendments during extended proceedings ahead of a late-night final vote. Constance described the legislation as "landmark," saying it would transform the experiences of victims and witnesses while safeguarding the rights of the accused.
The Victims, Witnesses and Justice Reform Bill contains several high-profile reforms beyond plea-deal notification. It would abolish Scotland's not proven verdict, reduce juries from 15 to 12 and require a two-thirds majority for conviction. Those proposals have drawn criticism from parts of the legal profession. Tony Lenehan KC, vice dean of the Faculty of Advocates, warned the changes may "cheapen the guilty verdict" and increase the risk of wrongful convictions.
Victim Support Scotland welcomed the bill's intent to improve the experience of victims. Chief executive Kate Wallace said the legislation "represents significant legislative change for victims" and urged MSPs to vote for the bill's aims while continuing to press for further improvements.
Ministers say the bespoke approach to informing victims of plea negotiations is designed to be trauma-informed, allowing victims to choose whether they want contact about sensitive case developments. Critics say an opt-in system risks leaving some victims unaware of important decisions that directly affect them. The final parliamentary votes and the passage of the bill will determine how those competing priorities are balanced in law.