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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 4 May 2021
  6. Current session: 13 May 2021 to 8 September 2025
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Displaying 3578 contributions

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Criminal Justice Committee

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

Meeting date: 7 February 2024

Audrey Nicoll

We have to move on. If there is time at the end, I am happy to come back to members who have further questions on part 4 of the bill.

We move on to part 5, which contains the provisions that relate to the creation of a sexual offences court. Cabinet secretary, you will be aware that, last week, Lord Matthews gave evidence to the committee during which he said:

“The judiciary is, broadly speaking, in favour of the proposal for a sexual offences court. We agree with the thinking of and the conclusions drawn by Lady Dorrian’s review group, for the various reasons that she has set out. Despite a number of statutory interventions over the years and the best efforts of everyone involved, the pace of change has been glacial, and we have not been able to effect the cultural change that we think is needed, because reform has been piecemeal.”—[Official Report, Criminal Justice Committee, 31 January 2024; c 21]

We have, of course, heard other concerns about the proposals on resourcing, sentencing powers and the ability of the Lord Justice General to remove judges. Have you had an opportunity to reflect on the evidence that we have heard, and are you able to provide some reassurance on the concerns that have been raised?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

I will bring in Sharon Dowey.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

I will stay on the topic of rape myths and juries. You say in your submission that there is no evidence that juries act on those myths or that they fail to try the accused on the basis of the evidence presented. Will you please expand on why your members believe that to be the case? What evidence are you referring to?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

I have a final question on rape myths. I am sure that your members have followed the evidence that the committee has taken on rape myths, not just in committee meetings but in written submissions and in research that we are aware of. A strong body of evidence appears to suggest that rape myths exist and are problematic. As you will understand, we are working with a broad church of views. Given the evidence that we have received—that there is such a thing as rape myths—what would be your members’ position on what the committee should consider in addressing that issue?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

Okay. You might not know this off the top of your head, but how many criminal defence lawyers are there in Scotland?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

Thank you. That is helpful background information.

I will bring in Sharon Dowey and then Russell Findlay. I ask you to make your questions fairly succinct.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

We have run out of time, so I must bring the session to a close. Thank you very much indeed for attending, Mr Brown.

Tomorrow morning, in what will be our final evidence session on the Victims, Witnesses, and Justice Reform (Scotland) Bill, we will take evidence from the Cabinet Secretary for Justice and Home Affairs.

12:59 Meeting continued in private until 13:09.  

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

Thank you. I will bring in members now.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

I have a question about the jury manual. In your evidence, you refer to the fact that juries are now specifically directed regarding rape myths. It is our understanding that a specific additional provision was inserted into the jury manual last year.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

Are you aware whether any work has been done to look at or evaluate the impact of having that additional guidance in the manual?