Victims, Witnesses, and Justice Reform (Scotland) Bill: business and regulatory impact assessment

Summary and recommendation

Option 3 – to proceed with the Bill – is recommended.

While this will bring about the most costs, it will – by far – bring about the most benefits. The evidence which has been considered throughout the policy development for the Bill clearly shows that the justice system can be distressing and re-traumatising for victims, witnesses and vulnerable parties and that action is required to address this.

Some of the proposed measures cannot be put in place without legislation, while a non-legislative approach for others would be less likely to ensure consistency of approach nationally, meaning that there would be much less of a positive impact.

Implementation of the Bill will be dependent on resources and wider transformation work to ensure that additional costs are managed accordingly.

Engagement remains ongoing with justice agencies and the legal profession in terms of the cost impacts of the Bill on them.

The potential impact on third sector support and advocacy services in terms of as highlighted in the responses to the consultation on improving victims' experiences is noted and engagement will also continue with stakeholders in this sector.

Summary costs and benefits

Option 1 – Do nothing

Total benefit per annum:

• no need for existing resources, guidance and/or systems to be updated

Total cost per annum:

• funding would largely be maintained at current level
• there will be costs associated with the provisions in the 2020 Act
• there will be costs in relation to trauma-informed practice
• savings associated with more efficient and effective management of sexual offence cases through the Sexual Offences Court would not be realised

Option 2 – Non-regulatory / more restricted legislation

Total benefit per annum:

• no need for additional legislative process / minimal legislative processes needed

Total cost per annum:

• there will be costs associated with developing guidance and additional resource, as well as the costs set out in option 1
• there will be costs in relation to creation and operation of specialist divisions in the existing courts
• full extent of savings associated with more efficient and effective management of sexual offence cases through the Sexual Offences Court would not be realised

Option 3 – Regulatory option

Total benefit per annum:

• enables the full package of reforms to be taken forward
• ensures consistency of approach nationally
• provides the legislative framework required to create new rights for victims, witnesses and vulnerable parties and to embed practice and procedure designed to improve the experiences of those who come into contact with the justice system
• there will be savings in the longer term through improved case management and a reduction in jury size

Total cost per annum:

• significant additional costs for justice agencies
• some additional costs and resource implications for the legal profession
• potential additional costs for victim support organisations
• additional legal aid expenditure

Declaration and publication

I have read the Business and Regulatory Impact Assessment and I am satisfied that (a) it represents a fair and reasonable view of the expected costs, benefits and impact of the policy, and (b) that the benefits justify the costs. I am satisfied that business impact has been assessed with the support of businesses in Scotland.

Minister's name: Angela Constance

Minister's title: Cabinet Secretary for Justice and Home Affairs
Date: 14 April 2023

Scottish Government contact point: Criminal Justice Division