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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 18 August 2025
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Displaying 3543 contributions

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Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

I will stick with part 1. Kate Wallace, I was interested in the comments in your submission about the proposals on digital productions. Rightly, you highlighted the issues that victims of sexual crime potentially have to face when it comes to personal effects such as clothing being taken possession of for forensic examination and production. I am interested in hearing a bit more about why you think that the provision is a positive step forward, if you like, with particular reference to sexual offences.

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

I have a couple of other questions, which are again for you, Kate. One proposal in part 2 is for reviews to be carried out in parallel with other proceedings, such as criminal proceedings. However, the Lord Advocate would have discretion to end a review in the spirit of preventing prejudice to other proceedings. What are your views on that provision? Is it an appropriate arrangement?

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

Yes; I might be paraphrasing. However, might the main reason why cases would be transferred be to do with trying to get more throughput and a speedier or more efficient service? Is that the case in the example that Stuart Munro gave of the High Court?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 22 January 2025

Audrey Nicoll

Good morning, and welcome to the third meeting in 2025 of the Criminal Justice Committee. We have no apologies this morning.

Our first item of business is an oral evidence-taking session on an affirmative Scottish statutory instrument. We are joined by the Cabinet Secretary for Justice and Home Affairs, Angela Constance, and Scottish Government officials Susan Black, who is a senior policy officer in the civil law and legal systems division, and Emma Thomson, who is a solicitor in the legal directorate. I welcome you all to the meeting.

I refer members to paper 1. I intend to allow up to 15 minutes for this evidence session. I invite the cabinet secretary to make some opening remarks on the instrument.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 22 January 2025

Audrey Nicoll

I thank the cabinet secretary and her officials for joining us. I suspend the meeting for a few minutes to allow for a changeover of witnesses.

09:36 Meeting suspended.  

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Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

Thank you.

I refer members to papers 3 and 4. I intend to allow around 75 minutes for this evidence session. I will start with my usual general opening question. I will come to Stuart Munro first, and then bring in Simon Brown and Paul Smith.

Part 1 of the bill makes changes in relation to procedures in criminal courts. The committee found your submissions very helpful in getting a sense of your organisations’ overall views on the proposals. Will you outline any issues or areas of concern that you have with the provisions in part 1?

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

Thank you. That was very clearly set out. I will bring in Kate Wallace. Just as a reminder, my original question was about issues and areas of concern that you might have about the bill.

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

That is helpful. I will now open questions up to members.

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

Yes.

11:30  

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

More broadly, one of the things that came out of your submission was the importance of choice being made available to victims, which means that some of the proposed provisions may be relevant down the line if the bill is passed. How important is that with regard to the services that you provide?