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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 18 August 2025
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Displaying 1673 contributions

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Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018

Meeting date: 22 November 2023

Russell Findlay

On page 15 of paper 2, there are statistics from Police Scotland about the number of domestic crimes that were reported to it. It would be helpful to know, of all those reported, how many were subsequently reported to the Crown Office and what happened next. Of those reported, how many were diverted from prosecution and how many were prosecuted and, of those prosecuted, what was the conviction rate? It is all very well saying that the act has been successful if you are judging that on the number of cases that have been reported but, if we do not know what happened consequently, we do not know whether that success is disappearing into a black hole. That would be useful data to acquire, if we can.

On page 18, a contribution from the Scottish Courts and Tribunals Service seems to be making a virtue of the Aberdeen pilot for the domestic abuse court. From my memory of the evidence that the committee heard, it was quite difficult for us to acquire information and, when we eventually did, my memory is that only a dozen or so cases had ever gone ahead. Therefore, rather than the success that it is being presented as, it seems to have been underused, and the numbers were so low as to make it difficult to draw very much by way of a conclusion from the pilot.

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018

Meeting date: 22 November 2023

Russell Findlay

Yes. I think that the trials were virtual in their entirety; that was the purpose of the pilot. However, from what we could establish, due to reluctance on the part of the accused and their lawyers, that often did not happen, which might have explained—call me cynical—why it took us so long to establish that the court had been used so infrequently. Therefore, for it then to pop up in a letter as evidence of good work and progress is questionable.

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018

Meeting date: 22 November 2023

Russell Findlay

You mentioned the single sheriff model for civil and criminal cases, which I have raised a few times. I found some of the reasons against that to be slightly questionable, if not spurious, although some of them were valid. Watch this space, because I think that that is being looked at.

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

Thank you. An extension of that is the view of the Crown Office and Police Scotland that the commissioner should not be allowed to become involved in individual cases. They claim that its doing so would potentially prejudice legal proceedings. Do you believe that it is reasonable and straightforward to empower the commissioner to act in certain cases without interfering with justice?

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

So, Parliament would need to address any potential non-compliance—that would not be part of the bill, because that would be inconsistent with other commissioners.

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

In its written evidence to the committee, NHS Education for Scotland says that the bill’s definition of trauma-informed practice should align with its five-point definition, which was published this year. However, the bill does not include two of those five points. NHS Education for Scotland says that it is “essential” that they be included and that leaving them out

“may also hinder the effective implementation of other elements of the Bill.”

It wants the Scottish Government to reconsider the issue. Will you?

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

Does it not cause you some concern that a senior Police Scotland officer has told the committee that the problems will not be fixed by the bill?

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

I was talking about Mr Frew’s comments.

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

As a member of the Parliament, I am trying to understand the process, because you might lodge an amendment with good intent but, if the necessary work has not been done to assess the costs, it can potentially create more problems.

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

I do not doubt it. Thank you.