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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

I am closely watching the time. I will come in with a couple of final questions.

In response to questions from Russell Findlay on the rape trial pilot, you used the phrase “evidence gathering” in relation to the purpose and objective of the pilot. I am interested in knowing whether the review considered the risk that the pilot could impact or influence the outcome of a case, just by virtue of the fact that a case was being heard as part of a pilot. Another issue is that an accused person who is convicted might have a right of appeal, again by virtue of the fact that their case was heard as part of a pilot. Did the review group consider those points?

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

I will squeeze in one final question very quickly.

Criminal Justice Committee

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

Meeting date: 10 January 2024

Audrey Nicoll

Thank you, Lord Advocate.

To follow on from the final point that you made, on specialism across the court system, we asked Lady Dorrian about the option whereby benefits that are similar to those of a bespoke sexual offences court could be delivered through the existing court structure. Lady Dorrian set out her thinking on that and the findings of the review. What are your views on the notion of having a bespoke sexual offences court as opposed to an arrangement within the existing court structure?

Criminal Justice Committee

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

Meeting date: 10 January 2024

Audrey Nicoll

Thank you. I do not know whether you would like to come in on that question, Danielle McLaughlin.

Criminal Justice Committee

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

Meeting date: 10 January 2024

Audrey Nicoll

I will come in on that to provide a wee bit of clarification. We have quickly looked at the policy memorandum for the bill. Paragraph 282 says:

“For the avoidance of doubt, the decision as to whether any individual case, including those involving rape or murder, is to be prosecuted in the Sexual Offences Court, will be a decision for independent prosecutors acting on behalf of the Lord Advocate. The Bill permits, rather than requires”—

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

We have quite a bit to get through and we are half an hour in already, so I ask for fairly succinct answers, Lady Dorrian.

I will bring in Sharon Dowey and then Rona Mackay.

Criminal Justice Committee

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

Meeting date: 10 January 2024

Audrey Nicoll

Our next item of business is the continuation of our stage 1 evidence taking on the Victims, Witnesses, and Justice Reform (Scotland) Bill. Today, we start phase 3 of our scrutiny, focusing specifically on parts 5 and 6 of the bill, which cover the establishment of a new sexual offences court, anonymity for victims of sex offences, independent legal representation for complainers and the proposal for a pilot for judge-led trials in certain rape cases.

We are joined by the Rt Hon Dorothy Bain KC, the Lord Advocate, who I welcome to the meeting. I refer members to papers 1 to 3. I intend to allow around 75 minutes for this evidence session.

I have an opening question for the Lord Advocate. The Crown Office submission expressed support for the creation of a specialist sexual offences court but detailed some concerns about the practical application of such a court. What are your reasons for supporting the idea of a specialist court? Will you expand on some of the concerns that were raised?

Criminal Justice Committee

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

Meeting date: 10 January 2024

Audrey Nicoll

Sharon Dowey is indicating that she wants to ask a very short question.

Criminal Justice Committee

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

Meeting date: 10 January 2024

Audrey Nicoll

On that note, we will bring this part of the meeting to a close. I thank the Lord Advocate for joining us for what has been a very interesting and useful session.

There will be a short suspension to allow for a change of witnesses.

12:10 Meeting suspended.  

12:14&Բ;&Բ;ܳԲ—&Բ;&Բ;

Criminal Justice Committee

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

Meeting date: 10 January 2024

Audrey Nicoll

Okay—I am now going to open it up to members. I call Pauline McNeill, to be followed by Sharon Dowey.