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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 5 May 2021
  6. Current session: 12 May 2021 to 20 June 2025
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Displaying 3500 contributions

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Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Thank you. I note the provisions in the bill that say that a case review panel could be instructed to carry out its review in conjunction with another form of review. That is reassuring.

I am conscious of time, so I will bring in Fulton MacGregor. We will then move on to part 1.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

I will now move us on to part 1. I will go first to Liam Kerr鈥攐nce he is ready鈥攁nd I will then bring in Pauline McNeill.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

A couple of members still have questions, but I just want to ask about digital productions and the authentication of electronic copy documents. In relation to digital productions, some concerns have been expressed that the original physical item鈥攖he physical production鈥攎ight be disposed of before the potential evidence benefits of retaining it have been fully explored. What work is being done on a retention and disposal policy? Given some of the evidence that we have heard, might there be scope to make the position clearer in the bill?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

We have a bit to get through, so I am keen to encourage succinct questions and answers鈥擨 should have asked for that earlier. I will bring in Pauline McNeill.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Thank you very much, cabinet secretary. That is appreciated.

We will move on to part 2 of the bill. I will begin by asking a question about the proposed definition of domestic abuse. You have helpfully outlined why you have settled on the definition that is set out in the bill. However, as you have acknowledged, we heard a range of views on the proposed definition, including that it is too broad and is out of line with Scotland鈥檚 current definition. One recent witness, Dr Emma Forbes, described it as borrowing

鈥渢oo much from other jurisdictions when we should be setting our own path.鈥濃擺Official Report, Criminal Justice Committee, 29 January 2025; c 27.]

Could you add a little more detail on the thinking behind the range of situations that might be subject to a domestic homicide or suicide review?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

We have time for a couple of final questions. I will come in first with a question on existing systems of review and the potential for crossover and then I will bring in Fulton MacGregor.

The committee has received evidence that raised concerns about adding a new system, or a new layer, of reviews to an already complex review landscape. There were also suggestions that a bit more could be done in existing systems of review to incorporate or align with the bill鈥檚 proposals. Has any consideration been given to ensuring that the various review processes are aligned and that organisations will not be overwhelmed by their competing demands?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Thank you very much. As members have no further questions, I will draw our session to a close, and I thank the cabinet secretary and her team for their attendance.

We look forward to the cabinet secretary joining us again next week, when we will hear a wee bit more about her proposals for amendments to the Victims, Witnesses, and Justice Reform (Scotland) Bill at stage 2.

11:33 Meeting continued in private until 12:51.  

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Good morning, and welcome to the sixth meeting in 2025 of the Criminal Justice Committee. We have received no apologies. Katy Clark will be joining us shortly.

Our main item of business is to continue our stage 1 scrutiny of the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill. I am very pleased that we are joined by Angela Constance, the Cabinet Secretary for Justice and Home Affairs; Vallath Kavitha Krishnan, the bill team leader in the criminal justice reform unit; Vicky Carmichael, the team leader of the violence against women and girls justice unit; and Louise Miller, a solicitor in the Scottish Government legal directorate. Thank you very much for joining us.

I refer members to papers 1 and 2. I intend to allow up to 90 minutes for the session.

I invite the cabinet secretary to make some opening remarks.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

The final question will be asked by Fulton MacGregor.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Thank you very much. I am conscious of time, so I will move on to other members.