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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 29 June 2025
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Displaying 3500 contributions

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Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 31 January 2024

Audrey Nicoll

I will open up the discussion to members. Pauline McNeill wants to pick up on the matter of a victims commissioner.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 31 January 2024

Audrey Nicoll

Good morning and welcome to the fifth meeting in 2024 of the Criminal Justice Committee. We have no apologies.

I welcome the Rt Hon Dorothy Bain KC, the Lord Advocate. Thank you for taking the time to attend鈥攊t is much appreciated. We have already heard from Crown Office and Procurator Fiscal Service officials and have had written evidence, but the committee felt that we needed to ask you specifically about a few very important issues, so we are grateful that you are able to join us today.

I intend to allow up to 60 minutes for this evidence session, and I propose that we focus our questions to the Lord Advocate on the proposal for a victims commissioner, then on trauma-informed training and then, finally, on the abolition of the not proven verdict and changes to jury majorities.

I understand that you do not want to make an opening statement, Lord Advocate, so I will open with a question about the bill鈥檚 provisions on the proposed victims and witnesses commissioner. We understand that you have concerns that those provisions might unintentionally interfere with your independence. Will you outline those concerns and the changes that you consider are needed to address them?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 31 January 2024

Audrey Nicoll

Yes.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 31 January 2024

Audrey Nicoll

I remind members that we are looking at parts 1 to 4 of the bill.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 31 January 2024

Audrey Nicoll

As ever, a number of members would like to ask supplementary questions. We are dealing with a really important part of the bill. I will bring in Pauline McNeill and then John Swinney. I ask them to be as brief as possible.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 31 January 2024

Audrey Nicoll

John Swinney is happy not to come back in. Katy Clark has a question.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 31 January 2024

Audrey Nicoll

On that positive note, I thank the Lord Advocate for joining us. That has been immensely helpful.

We will have a short suspension to allow for a change of witnesses.

10:06 Meeting suspended.  

10:12&苍产蝉辫;翱苍&苍产蝉辫;谤别蝉耻尘颈苍驳鈥&苍产蝉辫;&苍产蝉辫;

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 31 January 2024

Audrey Nicoll

Before I bring in Pauline McNeill, I will ask a couple of questions about the proposals for the rape trial pilot. As we know, the judiciary鈥檚 submission reflected different opinions on the proposal, which were well set out and helpful. However, we recently took evidence from Professor Vanessa Munro who said, in relation to the proposal for a time-limited pilot:

鈥淚n our written submission, we have tried to say that a judge-only pilot would not be an unreasonable move for gathering more evidence, and that is akin to what Lady Dorrian said in her testimony to the committee on the importance of developing a stronger evidence base for comparison.鈥

She went on:

鈥淧art of the reason for having a pilot would be to learn more about what that alternative would look like and what change it may or may not result in.鈥濃擺Official Report, Criminal Justice Committee, 24 January 2024; c 17.]

Given that we have heard different views on the proposals for a pilot, I wonder whether you, on behalf of the judiciary, have a thought or opinion on how we take that information together鈥攂oth sides of the coin, if you like鈥攁nd what a pilot could look like, perhaps with some different thinking around the proposal as it is set out in the bill, if that makes sense.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 31 January 2024

Audrey Nicoll

Thank you. We will come back to that. Seonaid Stevenson-McCabe, would you like to add anything?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 31 January 2024

Audrey Nicoll

Before I bring in Russell Findlay, I have a slightly left-field question. Should the provisions on anonymity be extended to the accused? I do not know whether you have looked at that issue in the scope of your work, but, in any case, I would be interested to know what, if any, views you have on that.