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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

I am not seeking to inflame the debate; I am just trying to assess the Government’s confidence in the proposal. In evidence from the Scottish Solicitors Bar Association yesterday, and from others previously, a boycott was mentioned. What confidence do you have that the proposed new court, which will be introduced at great cost and with great effort, will be able to function?

Criminal Justice Committee

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

Meeting date: 7 February 2024

Russell Findlay

I am just amazed that the work has not been done in respect of existing trials. That is what surprises me.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Russell Findlay

However, she wanted to take it a step further in that she wanted to have an additional protection or mechanism of seeking a retrial if, for example, only seven out of 12 jurors believed in the accused’s guilt. Will the Government agree to the request by the Crown for the bill to be amended to include the capacity to seek a retrial?

Criminal Justice Committee

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

Meeting date: 7 February 2024

Russell Findlay

I think that the Crown’s submission was that, in the event of a seven out of 12 verdict, for example, it would be able to ask the court for a retrial. Thank you.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Russell Findlay

So, the situation is that, in all likelihood, even if nobody formally calls it a boycott, that might be what comes about.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Russell Findlay

I will move on to the purpose of the pilot. It is not clear how the scheme will be assessed as a success or a failure. The Scottish Government appears to be saying that it is not about increasing conviction rates, but your submission says:

“Whilst the Scottish Government Ministers have made contradictory statements whether the purpose of the pilot is to increase conviction rates, the only objective criteria for assessing the success of the proposed pilot appears to be the conviction rate.”

Can you expand a bit on where those contradictions have been made? So much has been said already about the legislation that it is quite hard to see the wood for the trees, frankly.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Russell Findlay

That opens the can of worms about the judges presiding over those cases being expected, or whatever the phraseology would be, to come to the right—I say “right” in inverted commas—verdict.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Russell Findlay

I have two quick questions. The first is probably just a yes or no. It picks up on John Swinney’s line of questioning. As drafted, does the legislation contain anything that would legally compel or require your members, or any solicitor, to take part in those non-jury trials?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Russell Findlay

I do not want to put words in your mouth, but there is no easy or obvious fix to the issue.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Russell Findlay

Thank you.