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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 16 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: 31 January 2024

Russell Findlay

And a sheriff could say no.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

The measure is a significant change to the system. There are potential repercussions, as we have seen in other parts of the world. We have seen what can happen if such a measure goes too far, and that there can be a backlash in that respect. The bill seeks to avoid that.

Given that complainer anonymity is now part of a bill that includes many other huge and contentious changes—for example, the removal of the not proven verdict, the juryless rape trial pilot, and changes to the size and majority of a jury—and that those are getting all the attention, would it have benefited from being a separate piece of legislation?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

I am not fully up to speed on the contents of the framework, what it will achieve and how that might differ from what the legislation will seek to achieve.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

Convener, can I ask about other parts of the bill now?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

Good morning, Lord Advocate. I was going to ask you about the victims commissioner, but you have pre-empted my question by saying that the initial concerns that the Crown raised in its written submission, about the need to amend sections 16 and 17, have been allayed by conversations with the Scottish Government.

Just for clarity, is it the case that the initial concern was that a requirement on the Crown to respond to the commissioner’s annual report might have been seen as meddling in the Lord Advocate’s independence?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

Good, good. Scotland is a very small place.

The senators’ submission to the committee says that there were “different views” on the juryless rape trial pilot. Can you give me a sense of the breakdown of those views? Of the 36 senators, roughly what were the proportions of those views?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

Did you have a meeting or did you use a form?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

Is that correct?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

It has just occurred to me a potential consequence is that issuing a death certificate would be breaking the law.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

No.