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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 5 August 2025
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Displaying 1169 contributions

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Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Sharon Dowey

I am still trying to get to whether we would need a stand-alone offence. As Liam Kerr said, Scots law is already further ahead on this issue, and we have ways in which we can prosecute non-fatal strangulation. There are also concerns that the current laws could be diluted if we brought in a stand-alone offence. Would more education for the public and the police help, or do you still think that there definitely needs to be a stand-alone offence?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Sharon Dowey

Is there any other action that you think we should take?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Sharon Dowey

In their written evidence about the potential detrimental effects of introducing a stand-alone offence of NFS, Police Scotland and the COPFS raised concerns that it would be treated as an isolated incident rather than as part of a course of conduct under the Domestic Abuse (Scotland) Act 2018. What are your views on that? As I said before, they thought that it might dilute what is already in law.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Sharon Dowey

Okay. Thank you.

Criminal Justice Committee [Draft]

Secure Accommodation

Meeting date: 14 May 2025

Sharon Dowey

I share the same concerns about capacity. I am also interested in the processes when capacity is reached. When somebody needs to go into secure accommodation, and there is none because capacity has already been reached, what is the process? Where are the kids going and what are we doing about it?

The letter highlights the new post of a “dedicated professional lead”. I would like to know more about what that is and what improvement it will give to the service. It also highlights a

“contingency plan with up to £2 million”

in funding. What will that additional funding achieve? Will it achieve extra numbers in accommodation and how will that impact the service?

Criminal Justice Committee (Draft)

People’s Panel on Tackling Drug Harm and Deaths

Meeting date: 23 April 2025

Sharon Dowey

Can I just ask for timelines to be included in that, so that we can see progress?

Criminal Justice Committee (Draft)

People’s Panel on Tackling Drug Harm and Deaths

Meeting date: 23 April 2025

Sharon Dowey

The Scottish Government’s response to the report said:

“the majority of the recommendations are already being undertaken within our ... National Mission and cross-government programmes of work.”

It says that those recommendations that are not already being progressed will be incorporated into considerations for the Scottish Government’s post-national mission planning.

I wonder what those latter recommendations are and whether there is a list of the action points that are being taken for every recommendation. Some of them are part of the national mission, some are part of cross-Government programmes of work and some are still to be considered. It would be easier for us to see what actions have been taken if we had a list of all actions by recommendation.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 March 2025

Sharon Dowey

My fear is that we are trying to put something into legislation that sounds good but that will not do any good for the victims. Many small changes could be made that would have a huge impact on victims, but we are trying to make a huge change that, if not implemented properly, could end up having a detrimental impact on victims and make the court system worse rather than improve it, which is obviously what we intend to do.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 March 2025

Sharon Dowey

Thank you for that clarification. It still does not fill me with confidence that the Scottish Government has a clear vision, supported by concrete evidence, that would justify radical changes to the justice system of the kind that it is now proposing at stage 2. Indeed, the cabinet secretary told the committee on 26 February that

“the research ... led us to support a jury size of 12 in the first place.”—[Official Report, Criminal Justice Committee, 26 February 2025; c 13.]

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 March 2025

Sharon Dowey

I would say that, at the moment, none of us can put forward a proposal that is completely based on concrete evidence, because of the lack of evidence that we had at committee. Pauline McNeill said as much in her contribution—we needed a lot more evidence on this. We could have done with seeing the research before we lodged our amendments, but we do not have it. I will come on to this, but I do not think that the mock juries gave us the research that we needed either.

Actually, I am going to come on to it now. I am deeply concerned that no real research is available to us on jury deliberations in Scotland. We have no idea how juries reach their decisions or what the split is between those who believe the accused is guilty or not guilty. Alisdair Macleod, from the Crown Office and Procurator Fiscal Service, made the point that

“It might well be that every jury in the land comes back with a unanimous 15 to nil verdict or a 14 to one majority verdict. There is no way of knowing how many cases are decided on an eight to seven verdict”.—[Official Report, Criminal Justice Committee, 13 December 2023; c 46.]

Moreover, Lord Renucci made the point, which I agree with, that

“we should not change our whole legal system based on research with mock juries, which, in no way, mirrored what happens in courts.”—[Official Report, Criminal Justice Committee, 13 December 2023; c 9.]

He said that the mock trial in the Scottish jury research lasted one hour, but he had never in his career experienced a rape trial that had lasted less than a day. That is not the way to build an evidence base for reform of the system.