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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

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

Thank you Lady Dorrian. We appreciate your taking the time to join us this morning. We will now have a short suspension.

10:45 Meeting suspended.  

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Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

Thank you鈥攖hat is helpful. I know that Pauline McNeill wants to come in, so I will ask my final question, which is on the anonymity of victims. The report recommends 鈥渆xpress legislative protection鈥 for the anonymity of victims of sexual offences. I am interested in hearing about the reasons for that recommendation. What difference do you think that such protection would make to victims?

Criminal Justice Committee

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

Meeting date: 10 January 2024

Audrey Nicoll

Thank you. I will open up questions to members.

Criminal Justice Committee

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

Meeting date: 10 January 2024

Audrey Nicoll

We move to our next panel, and I welcome to the meeting David Fraser, executive director, and Danielle McLaughlin, head of the Lord Justice Clerk鈥檚 review, from the Scottish Courts and Tribunals Service. I intend to allow about 40 minutes for this session.

I will open with a general question, and it will come as no surprise that it is about the proposal for a specialist sexual offences court, on which we have already taken quite substantial evidence from the Lord Advocate and Lady Dorrian. Given that the Scottish Courts and Tribunals Service has expressed support for the creation of a sexual offences court, will you outline what, in your view, would be the main benefits of such a court as well as some of the challenges that could be faced?

12:15  

Criminal Justice Committee

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

Meeting date: 10 January 2024

Audrey Nicoll

That was helpful.

Mr Fraser, we asked the Lord Advocate and Lady Dorrian about putting in place a specialist approach in the existing court structure, so, in the spirit of consistency, I note that early in your contribution, you articulated the fact that the current system has two tiers. We have heard it argued that the current system should become more specialised instead of our going to the bother of creating a bespoke court. Is there anything further that you would like to add on that point?

Criminal Justice Committee

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

Meeting date: 10 January 2024

Audrey Nicoll

On that note, we are running out of time, so I thank our witnesses for attending. The session has been helpful. That completes this agenda item.

I remind members that we are meeting again tomorrow at lunch time to look at the management of transgender prisoners and two related Scottish statutory instruments.

Next week, we will return to the Victims, Witnesses, and Justice Reform (Scotland) Bill with evidence from survivors of sexual offences cases and then from victims and survivors organisations. I am sure that it will be a powerful and important session, and I pay tribute in advance to those who will attend. We now move into private session.

13:02 Meeting continued in private until 13:06.  

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

Thank you for that helpful and comprehensive answer.

One of the things that I have certainly grappled with a little bit is the practical application of a specialist court in a national context. You have helpfully set out a lot of the model鈥檚 benefits, if you like, but did the review consider the challenges with regard to its practical application?

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

Good morning, and welcome to the first meeting in 2024 of the Criminal Justice Committee. We have no apologies this morning and our first item of business is an evidence session on the work of the review into improving the management of sexual offences cases in Scotland.

We are pleased to be joined today by Lady Dorrian, Lord Justice Clerk and Senator of the College of Justice. I refer members to papers 1 to 3. Lady Dorrian chaired the review that produced a report on improving the management of sexual offences cases. It is fair to say that the ideas in her report underpin many of the provisions of the Victims, Witnesses, and Justice Reform (Scotland) Bill, on which the committee is currently taking stage 1 evidence. We are pleased that Lady Dorrian is joining us this morning to speak about her report. I intend to allow up to 75 minutes for this session.

I invite Lady Dorrian to make a short opening statement.

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

Thank you. I am sure that other members will have some follow-up questions on the court model.

I now open it up to questions from members. I call John Swinney, to be followed by Sharon Dowey.

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

Thank you, Lady Dorrian. That was a helpful opening overview of the backdrop to the review and the amount of work that has been done over a number of years. I am interested in what you said about trying to introduce new ways of thinking to transform procedures that are rooted in the Victorian era.

I will open with a general question about the second recommendation in the report, which relates to the establishment of a sexual offences court. It sets out a wide range of key features, including pre-recorded evidence, judicial case management and many others. I am interested in whether the review considered, from a practical perspective, whether similar benefits might be achieved through the implementation of specialism in existing court structures, in particular given that the number of sexual offences cases that are reported to the Crown Office is steadily increasing.