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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 15 August 2025
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Displaying 1673 contributions

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Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

So, on those other cases, it is a matter of “Watch this space.” What about the question whether it could potentially derail DASA if those cases were successfully appealed?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 March 2023

Russell Findlay

The policy note says that an instrument in similar terms has been made for the rest of the United Kingdom. What are the differences between that instrument and this one? Are there any?

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

My first question is for Dr Houghton. I was struck by the research that you, Dr Morrison and Dr Warrington did, which was published in January. You spoke to 22 victims of domestic crimes and there were 10 key findings. One in particular is worth repeating in full because it encapsulates so much of what is wrong, including the police, prosecution and sentencing elements. It is:

“Participants had significant concerns that the investigation, prosecution and sentencing for domestic abuse offences did not adequately reflect the sustained level, severity or impact of abuse experienced.”

That sums it up.

Were you surprised by what you and your team found when speaking to the women? Given that the Government commissioned the work, have you had any feedback from officials or ministers? There seems to be a consensus that there is not a legislative need to change anything, so how do we fix those embedded cultural problems in the system?

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

For what it is worth, I note that I was in contact with one of the participants who mentioned that she is very grateful not just for the opportunity to take part but for the subsequent support that she has received from you and your team.

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

Thank you. My second question is for DCS Faulds. The findings of the research from the University of Edinburgh that was referred to in earlier evidence, in which 22 victims talked about their experiences, was fairly critical. Dr Houghton, who is still with us in the public gallery, described it as “unremittingly grim.”

Regarding the police, the research describes the process as “inconsistent” and says that

“victims and witnesses were required to proactively collect and push for particular evidence to be considered.”

I am sure that you are aware of evidence of that nature.

I completely understand that everything revolves around funding. The chief constable has already stated that the current policing model is “unsustainable” on the basis of the funding model available to the police.

Your written evidence says that about 13,000 officers have had core training and 600 have had champions training. Earlier, the convener asked what was happening next and whether there were any deadlines or targets. Can you indicate whether that training is now back on track, what the targets are and where you are likely to go from here?

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

So, we will see that within three months.

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

Yes—for cases where you may be aware that individuals are seeking to obtain legal aid and they are not being honest. The case may involve serious organised crime or convictions of a domestic nature that are influencing the matter as part of a culture of using civil legal aid to prolong abuse that is criminal. Do the police have any mechanism for talking to the Legal Aid Board?

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

I have a further quick question. We heard from the previous panel about civil and criminal cases, where domestic abusers sometimes use the civil courts to prolong the abuse, or to play the criminal case off against the civil case and vice versa. In a particular case that I have been dealing with, the individual is frustrated that the Scottish Legal Aid Board appears to be blind to what is going on. There is an organised crime element to that, with previous convictions and, allegedly, the hiding of assets, but it looks like the defendant is going to get legal aid. Do the police have any mechanism at all for feeding into legal aid decisions of that nature? Is there any protocol, memorandum of understanding or sharing of information?

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

Right—so it is more about the application of DASA.

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

I am dealing with a case in which a woman’s partner is seeking legal aid for civil action that she believes has the ultimate goal of removing their child from the UK, and there are parallel criminal proceedings. I have made representation to the Scottish Legal Aid Board to try and point out the background to that. She feels totally isolated, and that the system is against her and is facilitating what is going on. I suppose that that speaks to your point.