Latest news with #andJusticeReformBill
Daily Record
3 days ago
- Politics
- Daily Record
Families of murder victims 'relieved' as Government backs parole ban for killers who hide bodies
Suzanne Pilley and Arlene Fraser's families met with Justice Secretary Angela Constance to press for an amendment to the Victims, Witnesses, and Justice Reform Bill. The families of Suzanne Pilley and Arlene Fraser say they feel 'relieved' after the Scottish Government signalled support for changes to the parole system targeting killers who refuse to reveal where their victims are buried. Speaking in Glasgow on Wednesday following a meeting with Justice Secretary Angela Constance, the families issued a joint statement welcoming the move. They also urged the minister to push ahead with the reforms without delay. The meeting was requested by the families to discuss an amendment to the Victims, Witnesses, and Justice Reform Bill currently going through the Scottish Parliament. The amendment would mean that when a convicted murderer r efuses to reveal the location of their victims remains, this 'must' be taken into account when considering parole. Under current legislation, the parole board rules dictate that this 'may' be taken into account. The changes have sometimes been referred to as 'Suzanne's Law' – named after Suzanne Pilley, who was murdered by her colleague David Gilroy in 2010. However, the Scottish Government has not used this term and says decisions on parole are for the independent parole board. Gail Fairgrieve, sister of Suzanne Pilley, and her mother Sylvia Pilley were joined by Carol Gillies – who is Arlene Fraser's sister – in Glasgow on Wednesday. Arlene Fraser vanished in 1998, with her husband Nat Fraser being convicted of her murder in 2012. The joint statement said: 'Today we met with Justice Secretary Angela Constance to seek assurances that this important amendment will go through in the Bill. 'We are relieved that she reaffirmed her support of the amendment and spoke of her commitment for the intent and substantive content of amendment 260 to remain unaltered. 'We'd like to thank her for meeting with us and discussing the impact that this change will have. 'We hope that this change in law will provide not only us, but with other families in our position, with a measure of comfort and confidence that they can get the justice that we all so badly deserve.' It continued: 'With the next stage due on return from summer recess, we urge ministers to ensure that this legislation is enacted as soon as possible – we have already been under unimaginable strain and pressure for so many years leading up to this moment.' The SNP minister said: 'I am grateful to the families of Suzanne Pilley and Arlene Fraser for meeting with me today. 'They have suffered heartbreaking losses, compounded by not knowing the final resting place of their loved ones. My deepest sympathies remain with them. 'In March, I supported an amendment to the Victims, Witnesses, and Justice Reform Bill that will mean the Parole Board, when making decisions about release, must take account of whether a prisoner has information about the disposal of a victim's remains, but has not disclosed it. 'At today's meeting, I reiterated my firm commitment to this change, which will become law if the Bill is passed in Parliament.' Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'.
STV News
3 days ago
- Politics
- STV News
Families say murderers should reveal where bodies are hidden to get parole
The families of two murder victims have said killers should reveal where their victims' remains are if they are to be given parole. The bodies of Arlene Fraser and Suzanne Pilley have never been found, and their families say that should be taken into consideration when convicted criminals face the parole board. A new amendment to the Victims, Witnesses, and Justice Reform Bill, which will be considered by MSPs after the Scottish Parliament reconvenes in September, could make that a reality. The close relatives of both women had a 'very positive' meeting on Wednesday with the Scottish justice secretary, Angela Constance, who reaffirmed her commitment to the amendment being passed as it currently stands. Grampian Police 33-year-old Arlene Fraser vanished from her family bungalow in Elgin after waving her two young children off to school. The changes would force independent parole boards to consider whether people convicted of murder have not shared information about the location of their victims' remains. 'We are relieved that she reaffirmed her support of the amendment and spoke of her commitment for the intent and substantive content of amendment 260 to remain unaltered,' the families of Ms Fraser and Ms Pilley said in a joint statement. We'd like to thank her for meeting with us and discussing the impact that this change will have. 'We hope that this change in law will provide not only us, but with other families in our position, with a measure of comfort and confidence that they can get the justice that we all so badly deserve. Police Scotland Suzanne Pilley. 'With the next stage due on return from summer recess, we urge ministers to ensure that this legislation is enacted as soon as possible – we have already been under unimaginable strain and pressure for so many years leading up to this moment.' Kate Wallace, chief executive of Victim Support Scotland, said the 'simple change' to the legislation would 'enormous' for victims and their families. Arlene Fraser's husband, Nat Fraser, was convicted of murdering his wife after a retrial in 2012, 14 years after her disappearance. He has never revealed her body's whereabouts, and Ms Fraser's family believes he never will. He sister Carole Gilles has described the ordeal as 'mental torture'. 'I think I sometimes feel guilty that I had a life,' she said. 'She was only 33, and she was taken. She would have wanted me to live my life, but she has missed out on so much.' Suzanne Pilley's former partner, David Gilroy, was sentenced to life in prison with a minimum jail term of 18 years in 2012 for her murder. Ms Pilley, 38, disappeared on her way to work in Edinburgh in May 2010. Gilroy has never revealed the whereabouts of her body. Her sister Gail Fairgrieve said: 'We are still dealing with this every day. You go into a card shop but can't buy anything for your sister. 'It's there constantly and he has information which could put us at ease and bring Suzanne home. 'This ruling means that he is not fully rehabilitated if he is still withholding information; otherwise, life imprisonment means life imprisonment.' In Scotland, a guilty verdict for murder necessitates a sentence of life imprisonment with a minimum term set before parole can be considered. Under current legislation, Nat Fraser will be eligible for parole in October 2028, and David Gilroy in March 2030. Currently, if the panel believes an offender has information about where or how the victim's remains were disposed of, which they have not disclosed, they 'may' take this into account when coming to a final decision. If the amendment is voted through, the panel 'must' consider the offenders' decision not to disclose the information when they are up for parole. Ms Wallace said: 'While she cannot guarantee it herself, we are pleased that Angela Constance has reassured the family of her steadfast support of the amendment. 'It is a simple change of one word, but the impact on the families who have lost a loved one in this way will be enormous.' Legislatively, Ms Wallace said the amendment would bring Scotland in line with England and Wales, where Helen's Law is in place. It follows successful campaigning by Helen McCourt's mother following her disappearance in 1988. Ian Simms, a local pub landlord, was convicted of her murder. Her body was never found. Similar legislation has been proposed in Northern Ireland, named Charlotte's Law, following the murder of Charlotte Murray. Her former partner, John Miller, was convicted of her murder. Her body was never found. Get all the latest news from around the country Follow STV News Scan the QR code on your mobile device for all the latest news from around the country
The Herald Scotland
3 days ago
- The Herald Scotland
Families of slain Scots 'confident' over parole rule changes
Now, after meeting with Justice Secretary Angela Constance, the families of two women killed by their intimate partners say they are confident the law will finally be changed. Arlene Fraser's sister Carol Gillies spoke to reporters. (Image: Andrew Milligan/PA wire) Family members of Arlene Fraser, who vanished from her home in 1998, and Suzanne Pilley, who went missing in 2010, spoke to reporters at a Victim Support Scotland press conference Wednesday afternoon. The remains of both women have never been found, despite Arlene's husband Nat Fraser and Suzanne's ex-partner David Gilroy being convicted of their murders. Fraser, who was twice found guilty of Arlene's murder, is eligible for parole in October 2028, while Gilroy, who was convicted of Susanne's murder in 2012, is eligible in March 2030. Arlene's sister Carol Gillies told reporters: 'Nat disposed of Arlene in a very ruthless and efficient way. And to just have Nat Fraser in front of the parole board and all they have to consider is the risk or how he behaved in jail, it's just not enough. 'If he was to get out, then that information would be gone forever. I believe that Nat Fraser has more information. Perhaps he doesn't know where the body is, if there is a body. But he certainly controlled this, he was the ringleader. Suzanne's sister Gail Fairgrieve added: 'The parole board needs to understand that this crime is still continuing. He's perpetrating a crime against us. We're still dealing with this every day. "I go into a card shop, and I can't buy anything for my sister. He has information that could just put us at ease and bring Suzanne home. 'With this ruling, they now have to consider that he can't possibly be rehabilitated or show remorse if he's continuing to withhold this information. This information is a full part of his crime. Otherwise, life imprisonment means life imprisonment.' Asked how she felt after years of attempting to bring about a change in the law, Ms Fairgrieve said: 'It seems like a win in the sense that the regulations will be changed. But we're still lost. You know, there's still a part of us that's lost. 'There's a life that wasn't led. With our sister, with our daughter. So you know, we're happy that people are listening and appreciating the story that we're telling.' Suzanne Pilley's sister Gail Fairgrieve (R). (Image: Andrew Milligan/PA wire) Ms Gillies added: 'Doors are opening, I feel. It's a hard system to understand, but doors are starting to open now and it will get listened to.' In a statement, Angela Constance MSP said: 'I am grateful to the families of Suzanne Pilley and Arlene Fraser for meeting with me today. 'They have suffered heartbreaking losses, compounded by not knowing the final resting place of their loved ones. My deepest sympathies remain with them. 'In March, I supported an amendment to the Victims, Witnesses, and Justice Reform Bill that will mean the Parole Board, when making decisions about release, must take account of whether a prisoner has information about the disposal of a victim's remains, but has not disclosed it. 'At today's meeting, I reiterated my firm commitment to this change, which will become law if the Bill is passed in Parliament.' Kate Wallace, the CEO of Victim Support Scotland, said: "Legislatively, this amendment would bring Scotland in line with England and Wales, which have already enacted the equivalent Helen's Law. It would also support the proposals for a corresponding Charlotte's Law in Northern Ireland. "While she cannot guarantee it herself, we are pleased that Angela Constance has reassured the family of her steadfast support of the amendment." Read more: David Gilroy guilty of Suzanne Pilley murder Family of murder victim Arlene Fraser fear her body will never be found Angela Constance: Scotland facing 'critical risk' from overcrowding in prisons Liberal Democrat MSP Jamie Greene, who defected from the Conservative Party in April, proposed 'Suzanne's Law' as an amendment to the Victims, Witnesses, and Justice Reform Bill, which is currently making its way through the Scottish Parliament. Holyrood's Criminal Justice Committee voted to include the amendment at Stage 2 of the bill, which is expected to be voted on before the end of this parliamentary term. Mr Greene said: 'My amendment to the Victims Witnesses and Justice Reform Bill that requires the parole board to take into account a murderer's failure to disclose their victims remains is a welcome step toward creating a system that properly respects the rights of those victims, I have never tired of standing up for victims and their families throughout my time as an MSP. 'I will be bringing forward further measures to improve the experience of victims throughout the criminal justice system as this Bill approaches its final stage in Parliament and I encourage all parties, including the Scottish Government, to support them and work with me constructively and pragmatically to see the law change in Scotland and swing the balance of justice back towards victims.'
Scotsman
20-07-2025
- Scotsman
'Rapists are walking free': SNP told to investigate rape myths infiltrating jury deliberations
Sign up to the daily Crime UK newsletter. All the latest crime news and trials from across the UK. Sign up Thank you for signing up! Did you know with a Digital Subscription to The Scotsman, you can get unlimited access to the website including our premium content, as well as benefiting from fewer ads, loyalty rewards and much more. Learn More Sorry, there seem to be some issues. Please try again later. Submitting... SNP ministers have been told to investigate a 'significant issue with jurors making false assumptions' in sex offence trials after Scottish Government-commissioned research found almost half of Scots adults believe in at least one rape myth. Rape Crisis Scotland is calling on the Scottish Government to stamp out rape myths influencing the outcome of rape trials after international evidence revealed a link. Advertisement Hide Ad Advertisement Hide Ad SNP ministers are being urged to investigate the link between rape myths and jury trials (Picture: Gareth Fuller/PA) More than 50 studies, involving more than 15,000 participants, have explored the impact of rape myths on jurors, finding a substantial body of evidence that jurors are subject to false beliefs and preconceptions which may influence their decisions. The appeal comes after data published last week as part of the Scottish Government's latest public insight monitor, conducted by YouGov, found 47 per cent of Scots adults believe in at least one rape myth. READ MORE: Sex crimes in Scotland at second highest level in 54 years Rape myths include false beliefs and misinformation that rape cannot take place within a relationship, that victims would always report an assault straight away and that rape would always include violence. Advertisement Hide Ad Advertisement Hide Ad Ultimately, there are concerns such myths influencing jurors is contributing to Scotland's low conviction rate for rape, which for single complainer cases is only 24 per cent. That low conviction rate comes as reported rapes and attempted rapes soared by 60 per cent in the space of a decade. Contempt of Court amendment Currently, research into rape myths can only be carried out in Scotland through mock trials due to Contempt of Court legislation. But an amendment to the Scottish Government's Victims, Witnesses, and Justice Reform Bill would allow robust research to take place. Rape Crisis Scotland wants a commitment from SNP ministers to immediately commission an investigation into how deep the issue in Scotland is as soon as the Bill becomes law. Advertisement Hide Ad Advertisement Hide Ad Campaigners vowing to improve outcomes for survivors were dealt a blow after the Scottish Government buckled under pressure from the legal professional and cancelled a proposed pilot of judge-led rape trials, a method used in other countries. SNP ministers have also controversially shelved plans for a standalone offence of misogyny, seen as crucial in tackling the root causes of sexual violence and a widespread concern, including from politicians, that misogynist behaviour is on the rise. Speaking to Scotland on Sunday, Rape Crisis Scotland chief executive Sandy Brindley warned that 'there's a significant issue with jurors making false assumptions in rape trials rather than basing their decision-making on the evidence' and raised the alarm over 'juries bringing assumptions and at times, outright prejudice'. Sandy Brindley, CEO of Rape Crisis Scotland | PA Ms Brindley warned that 'there's really grave concerns that this could be happening routinely in our courts across Scotland'. Advertisement Hide Ad Advertisement Hide Ad She pointed to a host of rape myths being spread and believed, including 'assumptions that somebody will be really distressed, they will report straight away or that there will be significant physical violence'. 'I think this evidence strongly suggests that this is a contributing factor in why the conviction rate is so low - it's the lowest of any crime type in Scotland', Ms Brindley added. 'Rapists walking free' She said: 'In single complainer cases, where it's one victim and one accused, the conviction rate is only 24 per cent which I think is quite frightening and definitely suggests that a significant number of rapists are walking free. 'We really welcome the introduction of the amendment within the Victims Bill going through parliament just now to amend the Contempt of Court Act to allow research with actual juries to take place. However, what we're calling for is for the Government to make a firm commitment to commissioning this research. We think it's urgently required.' Advertisement Hide Ad Advertisement Hide Ad Rape Crisis Scotland has been contacted by several anonymous jurors, raising concerns about the prevalence of rape myths in deliberations. One juror wrote to the charity raising 'serious concerns arising from my recent experience as a juror on a rape and domestic abuse trial in Scotland'. Juror lifts lid on rape myths They said: 'I believe what I witnessed reflects wider structural issues that undermine justice in cases involving gender-based violence'. Advertisement Hide Ad Advertisement Hide Ad They warned they were 'deeply disturbed by some jurors' comments, which reflected entrenched and harmful myths' including 'that rape cannot happen within a relationship', that 'a woman might fabricate an allegation if a man was already accused of another sexual offence' and that 'medical evidence of injury could be dismissed as likely caused by consensual 'rough sex''. The juror added: 'These attitudes fundamentally undermined the seriousness with which the evidence was considered". They claimed that 'jurors defaulted to assumptions shaped by murder trials, courtroom dramas, or media depictions of crime — rather than the real complexities of sexual violence' which 'left the jury unprepared to make informed, fair decisions'. Ms Brindley stressed that 'this is not every jury'. Advertisement Hide Ad Advertisement Hide Ad She said: 'I've heard from some jurors who have said they were really impressed by the carefulness and the level of deliberations. But I think for rape survivors, it's the postcode lottery, if you like - you can have a rape trial on one day in one city that comes to one verdict then the next day the jury could have come to a different verdict. 'That's just unacceptable when we're talking about crimes as serious as rape.' Women 'need confidence in justice system' She stressed that for rape survivors to get an acquittal was 'absolutely devastating', but warned 'these are dangerous, predatory men that are often walking free to rape again'. Ms Brindley added: 'So this is an urgent problem for us as a society. I think women need to have confidence in the justice system and confidence that decisions in their case will be made based on the evidence, not based on false assumptions about rape. Advertisement Hide Ad Advertisement Hide Ad 'More generally, what is being played out is attitudes about women's behaviour and women's sexuality. 'The research will enable us to get a real sense of what is happening in these cases so that we can properly address the impact of rape myths and ensure women actually have a chance of justice when they do take the really big step of reporting what's happened to them.' The High Court in Edinburgh | PA Courts in Scotland hand out instructions to jurors ahead of sitting on a rape or sex case that 'they must make sure that they do not let any false assumptions or stereotypes about rape and sexual offending affect their verdict'. Jurors given directions on rape myths A list of false rape myths are also set out to jurors including that 'there can be good reasons why unwanted sexual activity can take place without someone using physical force to overcome the will of the complainer or without physical resistance from the complainer'. Advertisement Hide Ad Advertisement Hide Ad Other context given to jurors includes that 'there is no standard way in which people should react' to being sexually assaulted and that 'it is very common for a person who has been sexually assaulted or abused not to tell anyone about it for a long time'. Tony Lenehan KC, the vice dean of the Faculty of Advocates, has stressed that rape myths are explained to jurors prior to deliberating rape or sexual cases. He said: 'There's a standardised handout which is given to jurors before trials start which is then read to them as well. Tony Lenehan KC is vice-dean of the Faculty of Advocates, and president of the Faculty of Advocates Criminal Bar Association 'Jurors are told a variety of things about rape myths, about the pathway towards disclosure, about how they shouldn't assume anything from the fact it sometimes takes people years to come forward. It explains why that is. Advertisement Hide Ad Advertisement Hide Ad 'It also explains what lawyers know as 'battered wife syndrome' - the fact you can't just say 'well, she wouldn't have stayed if it was as bad as they say it is'.' He added: 'We understand things a lot better than we did 20 or 40 years ago, so the Scottish courts have provided this guidance that should be followed in every case which touches on sexual offending. 'It touches on the outdated concept that unwanted sex has to be accompanied by violence and that sort of thing. That really has to be struck from the jurors' mind because that's not what the courts have learned about it.' Rape Crisis Scotland and other campaigners have been left disappointed by the Scottish Government dropping the pilot for juryless rape trials. Advertisement Hide Ad Advertisement Hide Ad READ MORE: British Army captain who raped Edinburgh woman after meeting her on dating app has sentence increased Ms Brindley said: 'Given we are not going ahead with the judge-led pilot, we absolutely must do something to address this issue of looking at the role of jury attitudes in the decision-making of these cases. 'It's absolutely right that our accused must have a right to a fair trial but there is nothing in a judge-led trial that is inconsistent with an accused's right to a fair trial. We do it all the time in summary cases. Many jurisdictions use judge-led trials for serious cases such as rape. Concern after misogyny law dropped 'I think it was a real pity that the discussion around it became so polarised. What I think would have been much more helpful was a discussion on the substantive issue which is clearly a problem here, what is the best way of addressing it. We can't just pretend it's not an issue.' Advertisement Hide Ad Advertisement Hide Ad First Minister John Swinney caused widespread anger after he confirmed his government will no longer have time to bring forward its delayed plans to legislate against misogyny before the 2026 Holyrood election. No firm commitment has been made by the SNP that plans will re-emerge if the party forms the next government. First Minister John Swinney (Picture: Jane Barlow - Pool/Getty Images) Instead, a misogyny aggravator will be added to the Hate Crime Act - despite a review by Baroness Helena Kennedy recommending a separate law should be drawn up to tackle "the spectrum of misogynistic conduct", rather than including it in the hate crime law. Ms Brindley said the U-turn on the misogyny bill was 'really devastating'. She said: 'Like the judge-led pilot, this could have been a really groundbreaking development for us in Scotland for really trying to get to the causes of misogyny and also trying to address the reasons why women and girls feel so unsafe in so many situations - particularly on public transport or on the street. Advertisement Hide Ad Advertisement Hide Ad 'We could not need it more at this time when we are seeing so much misogyny, particularly amongst young men. We are also seeing record rises in reported rapes. I do think this is absolutely linked to increased misogyny and increased access to violent misogyny.' In May, it was revealed that the number of new rape cases being reported to police across Scotland surged by more than a third since 2020/21 while data published in June found that the number of sex crimes recorded in Scotland is at its second highest level since 1971. Mr Swinney has claimed that 'the increase in the reporting of sexual crime is due to the fact that more people are prepared to come forward'. But Ms Brindley is not convinced. Advertisement Hide Ad Advertisement Hide Ad She said: 'We are seeing a very significant increase which is really alarming.'I think we are burying our heads in the sand if we put that entirely down to increased confidence. I think it's very, very likely that at least some of that increase is due to more rapes taking place. Reports have been increasing significantly for the past two decades. 'I think there's only so many years we can keep patting ourselves on the back and say it's because people have more confidence. Some of it might be, but I think it is very likely that a significant part of that increase is more rapes taking place. 'I would like politicians to recognise that this is an urgent and pressing issue that needs action.' A Scottish Government spokesperson said: 'There is substantial evidence that jurors, and their decision-making, are influenced by rape myths, which is why amendments were made at Stage 2 of the Victims, Witnesses, and Justice Reform Bill to allow for more detailed research into jury deliberations. If the Bill is passed, this will become law. Advertisement Hide Ad Advertisement Hide Ad
