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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 22 June 2025
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Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

That is fine.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

For clarity, I will read out the point that the Government made in its response:

“applying the new evidence exception as set out in the Double Jeopardy (Scotland) Act 2011 to cases that are prosecuted in the SOC - this will make it possible to reindict an accused in relation to the same crime that they had previously been acquitted of where new evidence comes to light which was not available at their original trial”.

Do you have a view on that?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Ben Macpherson has a brief supplementary question, and then I will bring in Fulton MacGregor

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

We have taken a lot of helpful evidence on the key parts of the bill that would be of particular relevance and interest to the witnesses.

I move on to part 6 of the bill, which contains a number of provisions. Specifically, it contains a proposal for a time-limited pilot of juryless trials. The witnesses will be aware that the cabinet secretary has indicated her intention not to proceed with that provision. However, she has set out in her letter that she is

“working on a range of legislative and non-legislative measures to explore and address the underlying issues the pilot was seeking to address.”

We have covered quite a bit of what that would look like in terms of proposed amendments that would, for example, allow research to be carried out into jury deliberations. We have spoken about that already this morning. Would our witnesses like to add anything else with regard to the update on the pilot, given that we have explored some of what the cabinet secretary has proposed in that respect?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Thank you for that.

Some of the other provisions in part 6 specifically establish legislative protection around anonymity for victims of sexual offences, and there are provisions around independent legal representation for complainers in sexual offences cases where there is an application to use evidence relating to the sexual history or character of the complainer. We have touched on that a little, but if you would like to bring in anything specifically around anonymity for victims at this point, you are welcome to do so.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Thank you very much. I will draw the session to a close. I am very much aware that we have not touched on parts 1 to 3 of the bill, but I think that it was right that we focused on parts 4 to 6 with these particular witnesses.

If there are any burning issues that you would like to bring in on parts 1 to 3, now is the time to do so. If not, I will bring the session to a close.

I see that no one has anything else to add. In that case, I thank you very much indeed—this has been a very helpful and worthwhile session. That completes our business in public this morning, and we move into private session.

12:47 Meeting continued in private until 13:09.  

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Yes. One of the reasons why I mentioned the VNS update was that, although the committee absolutely recognises the spirit in which the commissioner role has been proposed, we also recognise that a lot of work is already done in that area, not least by organisations such as yours and Rape Crisis Scotland, which strongly advocate for victims. Some members questioned whether we need a commissioner. A lot of work is also done in relation to the victim notification scheme. In other words, given that there is already a lot of provision for victims and witnesses, might that negate the need for a commissioner? That is where I was coming from with my initial question.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Katy Clark wants to come in, but we will have to move on after that, because I am keen that our questions also cover parts 5 and 6 of the bill. I will also allow Liam Kerr to come in, if it is a very tiny question.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Thank you. That was very comprehensive. I will check back on the proposals in the bill on that final point, but I now bring in Michael Meehan KC.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Thanks for that. I will go straight to Sandy Brindley with the same question and then come back in with a follow-up question.