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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 10 September 2025
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Displaying 3579 contributions

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Criminal Justice Committee

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

Meeting date: 17 January 2024

Audrey Nicoll

I will bring in Sharon Dowey in a moment, but I want to pick up on Sarah Ashby’s concern about judge-only trials. I was having a quick look through the submission from Rape Crisis Scotland, which has articulated things quite helpfully in respect of the scenario in which there is a judge only and no jury. It said:

“A written verdict could be a very positive development for complainers.”

In other words, if a case were to be heard by a judge only, they would have a responsibility to set out reasons for coming to the decision or the verdict that they came to. The submission goes on to say:

“A judge would be required to give reasons for a decision. Some survivors describe the lack of any explanation for a jury’s decision as distressing because it means they are never able to understand what happened.”

The written judgments from other cases seem to have added some weight to that.

Do you feel that such an approach might reassure survivors as to the merits of a judge-only trial? I am not putting words in your mouth; I am just interested in whether you feel that it might provide some reassurance.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Audrey Nicoll

Thank you.

Meeting closed at 13:14.  

Criminal Justice Committee

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

Meeting date: 17 January 2024

Audrey Nicoll

Thank you very much. With that, I will bring in Sharon Dowey.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Audrey Nicoll

I open up the session to members, starting with Rona Mackay.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Audrey Nicoll

Pauline McNeill is next.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Audrey Nicoll

Thank you, Hannah. Finally, does Sarah want to say anything?

Criminal Justice Committee

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

Meeting date: 17 January 2024

Audrey Nicoll

We have around 10 minutes left. At this point, I will bring in Pauline McNeill.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Audrey Nicoll

Thank you very much. You spoke specifically about defence lawyers. The committee is aware of, and understands, the fact that there is a need for improved trauma-informed practice across the whole criminal justice system, from the point that somebody contemplates making a disclosure to the conclusion of a court case, because the whole justice system could be involved in a case.

I am interested in your views on two things. Do you think that a whole-system shift in trauma-informed practice is essential, rather than there being a piecemeal approach? I am also interested in your thinking around a trauma-informed environment—for example, the committee has spoken about the way in which traditional court buildings can be intimidating. Hannah, perhaps you can start by outlining your thoughts on how we embed trauma-informed practice across such a large system.

09:15  

Criminal Justice Committee

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

Meeting date: 17 January 2024

Audrey Nicoll

Thank you, Hannah. That was well articulated.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Audrey Nicoll

I warmly welcome our second panel of witnesses. As I mentioned at the start of the meeting, it is very important to hear the views of survivors of sexual crimes who have personal experience of the criminal justice system, so the committee is interested in hearing your perspective on what is being proposed in the Victims, Witnesses, and Justice Reform (Scotland) Bill. On our second panel, we have Sarah Ashby, Hannah Stakes and Anisha Yaseen. Welcome to you all. We are very grateful that you have been able to join us this morning. I intend to allow around an hour for this session. If you would like to answer a question or come in on anything, please raise your hand or indicate to me and I will bring you in.

It might be helpful if I open with a question that I put to the first panel of witnesses, about trauma-informed practice. As you will know, the bill introduces a requirement that victims and witnesses

“should be treated in a way that accords with trauma-informed practice”.

Is that needed—and why?