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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

Good morning. I am not sure whether this is declarable, but I have previously been a witness in Lord Matthews’s court—

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

That is actually very pertinent to another point about section 275 applications. Some of the rape complainers said that, in their cases, the defence had not formally sought a section 275 order, but that they introduced character or sexual history evidence by stealth, by simply stating it. The presiding judge then told the jury to disregard it, but the complainers were of the view that the damage had already been done at that point.

Does that happen frequently? Is there any sanction for doing that? Do you think that, if independent legal representation in relation to a section 275 application became enshrined in the law, there would be more likelihood of such tactics?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

I have a very quick question. The bill picks the age of 18, but the age differs in other jurisdictions. You say in your submission that that is potentially the most contentious element of the proposal, and you suggest—colleagues may agree—that we should seek further evidence from children’s rights experts. That brings me back to the earlier point about the need for greater scrutiny. I know that you do not want to delay anything, but, given that you are not settled on 18, if I understand you correctly, do you believe that we should take more evidence on that?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

I think that the proposal that 16-year-olds can stand as łÉČËżěĘÖ has been binned, but yes.

12:30  

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

I ask because I think that that information would help the committee to understand the judicial thinking. In respect of some of the other proposals, there is a lot more certainty or specific detail on the breakdown of opinion. For example, the vast majority oppose the not proven verdict being retained.

In the senators’ 2022 submission to the Scottish Government, the breakdown is two to one in respect of abolition of corroboration, which is no longer on the table. From your evidence earlier, the senators’ view in respect of not hearing murder cases in the proposed new sex crime court seems to be unanimous.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Russell Findlay

It was about how the lack of similar research data in Scotland makes it very difficult for us to assess the proposals.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Russell Findlay

Have any of you picked up any sense from the Scottish Government that, in the face of all the opposition that there has been, there might be some movement on that?

Criminal Justice Committee

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

Meeting date: 24 January 2024

Russell Findlay

Professor Thomas, do you want to come in on my original question? I went off at a slight tangent.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Russell Findlay

In respect of whether your research shows evidence of rape myths among jurors, does it do that?

Criminal Justice Committee

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

Meeting date: 24 January 2024

Russell Findlay

I thank the witnesses for coming to the committee. The submission from Professors Chalmers, Leverick and Munro refers to your research, Professor Thomas, from 2020, saying that it is sometimes cited as evidence

“that jurors do not believe rape myths”,

but that that interpretation is untrue and that the research does not actually demonstrate that. They point to alternative New Zealand research from 2022, which they say “found considerable evidence” of rape myths among jurors. Will you clarify what your research actually found, and do you agree with Professors Chalmers, Leverick and Munro’s assessment of it?