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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

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

Meeting date: 7 February 2024

Russell Findlay

Everybody seems to support independent legal representation for rape victims in principle, but there are very detailed and specific concerns about how it will work in practice. The Crown Office submitted four pages of concerns. The courts, the Law Society of Scotland and the Scottish Solicitors Bar Association have all raised concerns. Those concerns are more about practicality and how it will inevitably lead to more delays in the system, which will be contrary to the interests and wellbeing of complainers. Lady Dorrian said in her evidence to us that the bill, as drafted, needs to be streamlined in that respect. What exactly is the Scottish Government doing, practically, to address all that concern?

Criminal Justice Committee

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

Meeting date: 7 February 2024

Russell Findlay

All of that makes sense when it is a preliminary hearing in advance of a trial, but there is still an issue about how that will be addressed during proceedings. Whatever the timescale, if a section 275 application is made during a trial, the complainer will have to seek legal representation and then to go through that process. That will, by its nature, cause the trial to stop while that happens.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Russell Findlay

Presumably, that work will also include assessing the effect of the intervention on the ILR.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Russell Findlay

There is such a case right now, in fact.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Russell Findlay

I am sorry to interrupt, but can I just come in on that? Will that, therefore, stay in the bill? Will the prosecution have that discretion?

Criminal Justice Committee

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

Meeting date: 7 February 2024

Russell Findlay

What surprises me is that the two professors who, until now, had not expressed a position on the size of the required majority, both said that they believe that this is a mistake. Have you taken that on board or reflected on it, or is there now a fixed view?

Criminal Justice Committee

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

Meeting date: 7 February 2024

Russell Findlay

Right. Okay.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Russell Findlay

I have a quick question. I did not realise that we would go off on a tangent and talk about budgets, and I know that we do not have the time for me to counter some of what has been said as much as I would like to.

My question relates to the remit of the sexual crimes court. Lady Dorrian believes that it should not include crimes such as murder, as do others. Is the Government鈥檚 position fixed that it will?

Criminal Justice Committee

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

Meeting date: 7 February 2024

Russell Findlay

We have heard evidence about how the pilot will be assessed. Apparently, the only assessment measure will be conviction rates.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Russell Findlay

Is the Scottish Government鈥檚 motivation behind the juryless rape trials to increase conviction rates?