The text of the petition reads :

I call on the Scottish Executive and the Minister for Community Safety, Fergus Ewing MSP, to support the proposed Victims and Witnesses Commissioner (Scotland) Bill to safeguard and promote the rights of victims and witnesses.

If you strongly agree that there is a great need for a Commissioner for Victims and Witnesses in Scotland please sign the petition urging the Scottish Executive to support the Bill.

You can also write to your MSP or the Minister for Community Safety, Fergus Ewing MSP, and suggest that they support this Bill. The links below will take you to the MSP contact database as well as a letter to MSPs urging them to support this Bill: link

David Stewart's campaign and outline basis of the Bill

In April 2009 a consultation was launched by David Stewart MSP calling for a Commissioner for victims and witnesses. The consultation was in answer to individuals and organisations, such as Victim Support Scotland, who had originally proposed the need for a victims’ commissioner.

The consultation gathered 47 responses from across Scotland and from a variety of sectors and identified clear support for the bill. The responses made valuable contributions to the drafting of the Bill. On May 27, 2010 the bill was introduced in the Scottish Parliament.

Much work has been done to improve services and support for victims of crime since the publication of the Scottish Strategy for Victims almost 9 years ago. The strategy has shown a fundamental commitment of the Scottish Executive to help develop and work with victim services. The current SNP administration has promised a review of the strategy which is currently ongoing but no announcement of findings has been released.

However, we must not stop striving towards increasing victims’ rights and placing at the heart of the criminal justice system. According to Victim Support Scotland, ‘Scotland is well placed to work in partnership to deliver world-class services and outcomes for victims of crime,’ (15 March 2006). A commissioner would ensure that we continue to strive towards these standards.

How have individuals been treated by the system?

Victims and witnesses of crime can experience shock, fear anger and low self-esteem which can leave victims and witnesses feeling vulnerable. Victims’ organisations work hard to support victims throughout criminal proceedings. Over 93,000 people look to Victim Support Scotland for help and support. With such a high demand it is hoped that a Commissioner would work with organisations across Scotland to increase support and recognition of victims’ rights. We hope that a Victims and Witnesses Commissioner would strive to work with organisations and the Scottish criminal justice system to improve support and help given.

There is also an underlying public perception that when justice is served the needs of the victims are resolved but too often victims face a brutal reality during the process of recovering from personal injury, damages to personal property, embarrassment and feelings of isolation. During criminal proceedings all too often the voice of victims can be lost. It is of the up-most importance that Scotland can help support the victims and witnesses of crimes and continues to bridge the gaps in support and guidance.

In Scotland we have a commissioner for convicted prisoners but not one for victims. A Victims and Witness’ Commissioner for Scotland can advocate, advance and assist the rights of victims and witnesses to crime. A Commissioner can address issues and develop a comprehensive and effective strategy for victims.

The victims and witness commissioner can serve to help families like those of rape victim Lindsay Armstrong, 16, of New Cumnock Ayrshire who died from an overdose of antidepressants after a humiliating cross examination during her attacker’s trial.

It would be the responsibility of the commissioner to serve and represent those who feel as if they have been let down by the criminal and justice system.

Who is the Commisioner?

It is proposed that the Commissioner will:

The role and remit of the Commissioner aims to safeguard and promote victims’ rights. The Commissioner will have the responsibility as an independent champion to examine current legislation, services and policies. It will be the duty of the Commissioner to identify the gaps in current provision, further good practice and strengthen rights of victims and witnesses throughout Scotland.

Other Commissioners and the Law

Ireland, England and Wales already have a Victims’ Commissioner to answer the call of victims of crime. Scottish victims of crime deserve a focal point, a person to turn to if they have been let down, and an authority that fights for them in the criminal justice system.

Campaigner and victims’ champion for England and Wales, Sara Payne has voiced her support of David Stewart’s Bill.

There is currently no single body in Scotland that provides an overview and coordination of law relating to victims’ and witnesses’ rights. There have been a number of developments in Scottish legislation and policy which have striven to improve and protect the rights of victims and witnesses. However, the existing legal frameworks in relation to the rights of victims and witnesses are complex and Scottish Executive research found evidence of unmet need in the services and information provided to victims.

Current policy includes the Scottish Strategy for Victims (20010 which aims for providing for the emotional and practical support needs of victims. This also established a Victim Information and Advice (VIA) service as well as additional resources to VSS. The policy is currently under review by the Scottish Government. A Commissioner would not seek to duplicate the strategy but would offer an independent viewpoint on the policy’s development.

As a member state of the EU, Scotland is obligated to strive towards achieving and maintaining comprehensive requirements in relation to victims’ rights which are outlined in the EU Framework Decision on the Standing of Victims in Criminal Proeedings. These include respect and recognition; hearings and evidence; the right to receive information; communication safeguards and specific assistance to victims

The role of a commissioner is compatible with the European Convention on Human Rights as well as that of the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.

What do you think?

By listening to agencies and organisations that work with victims and witnesses on a daily basis the Bill aims to support and bolster the exemplary work undertaken by such organisations as Victim Support Scotland by promoting good practice, awareness and understanding of the interests of victims and witnesses.

In the current economic climate we have to look carefully at costs. It has been suggested during the consultation that the responsibilities of a Commissioner for Victims and Witnesses could go to an existing Commission. We welcome any suggestions for cost effective measures whilst ensuring the rights and voices of victims and witnesses are protected and enhanced.

We hope that voluntary organisations, victims support organisations and individuals throughout Scotland will continue to share feedback of the Bill. Views, thoughts and opinions are greatly appreciated and will help support the development of the Bill through Parliament.

Commissioner for Victims and Witnesses (Scotland) Bill

Dear ( name)

I am writing to you to about the Commissioner for Victims and Witnesses (Scotland) Bill which was lodged by David Stewart MSP on 27 May 2010.

The Bill proposes to create a commissioner who will strengthen, safeguard and promote the rights of victims and witnesses in the Scottish Criminal Justice System. As one of your constituents I am writing to ask you to consider supporting this Bill and, if possible, speak in support of the Bill.

This is an issue of great importance to the many victims and witnesses who have been let down by the Scottish criminal and justice system, more importantly, to those who need and seek support and guidance throughout an emotional and vulnerable time. This is a matter of great interest to everyone in Scotland and one where I will be awaiting with great interest to hear about the progression of the Bill through Parliament. I hope you will consider supporting this Bill.