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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 31 December 2025
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Displaying 3901 contributions

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Criminal Justice Committee

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

Meeting date: 25 October 2023

Audrey Nicoll

I am asking about the criminal justice space. Obviously, I am interested in your comments about children in the civil space, but my question was more about the experience of special measures used in criminal cases.

Criminal Justice Committee

Access to Court Transcripts

Meeting date: 25 October 2023

Audrey Nicoll

Our next agenda item is consideration of correspondence from the Scottish Government on access to court transcripts. I refer members to paper 3. Members will recall that we have been writing to the Lord President and the Cabinet Secretary for Justice and Home Affairs with a view to the process for survivors of rape and sexual offences to access court records being reviewed and any charges being eliminated. As part of that, the cabinet secretary agreed to set up a pilot, and the latest update from Angela Constance is set out in this week’s papers.

Before I open up the discussion to members, I want to highlight a couple of points. First, we might wish to check whether the pilot will be retrospective and open to the survivors who first raised the issue with the committee. The clerks could be asked to check that with Scottish Government officials. Secondly, members are asked to note that copies of the cabinet secretary’s letter have been sent to Rape Crisis Scotland, Scottish Women’s Aid and Victim Support Scotland.

I invite members to consider whether any further action is needed at this stage, beyond keeping the Scottish Government’s plans under review and taking the action that I have mentioned already.

Criminal Justice Committee

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

Meeting date: 25 October 2023

Audrey Nicoll

I am not sure that anyone is able to comment.

Criminal Justice Committee

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

Meeting date: 25 October 2023

Audrey Nicoll

Is the point that you are making about the mechanism for identifying who might be vulnerable in the context of the bill?

Criminal Justice Committee

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

Meeting date: 25 October 2023

Audrey Nicoll

I might come back to that. Is there anything that Jamie Foulis would like to add?

Criminal Justice Committee

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

Meeting date: 25 October 2023

Audrey Nicoll

Okay. Thanks for that.

On special measures that are in place for criminal cases in a broader sense, are the current arrangements for special measures adequately used and making a difference? I go back to previous evidence that we have heard, particularly from Children 1st. It had concerns about the effectiveness of special measures in the criminal context, and it did not feel that they were working as well as they should.

Criminal Justice Committee

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

Meeting date: 25 October 2023

Audrey Nicoll

Is there anything further that you want to add to what you were outlining?

Criminal Justice Committee

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

Meeting date: 25 October 2023

Audrey Nicoll

I want to ask a question about the proposed register of solicitors. The Law Society of Scotland’s submission raises concerns about how that register would work in practice. Those include a concern about how much detail will potentially be left to secondary legislation. Does Stuart Munro want to pick up on that and add any other comments? I will then seek the views of Jonathan Campbell and Jamie Foulis on the concerns that have been raised.

Criminal Justice Committee

Access to Court Transcripts

Meeting date: 25 October 2023

Audrey Nicoll

Okay. Thank you very much.

As no one else has any comments to make, are members content that we write to the Scottish Government on whether the intention is for the pilot to be retrospective and for it to be open to the survivors who first raised the issue, and that, in doing so, we flag the other points that members have made, in particular around the application form and the need for the process to be trauma informed? I imagine that that will be at the centre of that piece of work. We will also note the comments that Pauline McNeill made on simplifying the process of transcript production. Do members agree to that proposal?

Members indicated agreement.

Criminal Justice Committee

Forensic Pathology Services

Meeting date: 25 October 2023

Audrey Nicoll

Our next agenda item is discussion of the annual report of His Majesty’s Inspectorate of Prosecution in Scotland. Specifically, Laura Paton, inspector of prosecution at the Crown Office and Procurator Fiscal Service, has raised several concerns over the current model for the provision of forensic pathology services in Scotland. Those concerns are outlined in the annual report, extracts from which can be found in paper 4. Laura Paton has described the efforts to reform the forensic pathology system as

“ad hoc, rather than transformational”,

and she notes the COPFS’s preference to move towards a national forensic pathology service.

We are invited to consider whether to ask COPFS, the national health service and the Scottish Government for their views on the points raised by the inspector of prosecution, and to ask whether there are any further plans to review the current model for providing forensic pathology services in Scotland. I ask for members’ views on our proposed course of action.