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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 985 contributions

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Criminal Justice Committee

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

Meeting date: 24 January 2024

Katy Clark

Is it fair to say, from what the witnesses have said so far, that different research has come to quite different conclusions in relation to rape myths? Is there any difference between mock jury research and research into real jurors? Can any witnesses expand on that point or give any other explanation as to why different research has come to different conclusions? We have heard a lot about the Scottish jury research, which involved mock jurors. We have also heard that the cases were quite short, and that the amount of time spent by the jurors on the case was quite short compared with a real case. Also, there were only two sets of facts, so there might have been limitations there.

Do you think that it is wise for politicians to base decisions in relation to the abolition of jury trials on research when there is so little clarity? There might be other reasons to get rid of jurors in rape cases—reasons to do with the experiences of witnesses, survivors and complainers, for instance—but would it be unwise to base conclusions around rape myths when the evidence seems so unclear?

Perhaps Cheryl Thomas would want to respond—although the convener will be better placed to see whether the witness wishes to answer.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Katy Clark

It would be fair to ask Professor Munro if she has anything to add to that.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Katy Clark

Perhaps Vanessa Munro might have a different perspective.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Katy Clark

Thank you.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Katy Clark

I want to ask about independent legal representation, in order to put on the record the views of the witnesses and, in particular, those of Sheila Webster, because she has spoken a number of times about the whole judicial process and not just the court element.

Given everything that survivors and rape victims have said about the disempowering nature of the whole process for them, and given its adversarial nature, does Sheila Webster not think that there is a strong case for those people to have advice and legal representation throughout the process, so that they will understand what is going on and their interests will be protected? Perhaps, given the time, Sheila can respond briefly.

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Katy Clark

As you know, one of the major concerns—

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Katy Clark

Did the review consider whether complainers might be provided with independent legal representation in a wider range of circumstances? You may be aware that, in other jurisdictions in recent decades, legal representation has been introduced throughout the process in some cases. Did the review group consider that, or have you given any thought to it?

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Katy Clark

As you know, one concern that is raised repeatedly by survivors and victims organisations is the lack of power and information that many rape victims in particular feel throughout the process—not only during the court process but from the very early stages.

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Katy Clark

Have you looked at other jurisdictions, or did you not do that in any detail? Did you consider whether some of the consequences that we have been discussing have transpired in other countries where independent legal representation has been brought in?

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Katy Clark

It happens in many parts of Europe, and indeed in parts of South America and in other jurisdictions, but I appreciate that you may not have looked at those.