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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 4 May 2021
  6. Current session: 13 May 2021 to 29 December 2025
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Displaying 1266 contributions

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Criminal Justice Committee [Draft]

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

Meeting date: 7 February 2024

Angela Constance

That detail will be worked through with experts in sexual offences cases and trauma-informed practice, as well as with the courts, which will have to ensure that all participating parties in the new sexual offences court have undertaken the requisite training. The point about training for professionals who will support the operation of the court is important. We are working with our justice partners on how that training will be developed and, crucially, how we will implement it.

Substantial work on what is required was undertaken with the publication of the trauma-informed skills framework for the justice sector as a whole, which we debated in the Parliament. We know what trauma-informed practice is and what trauma-informed training should look like, and my officials are engaged with our partners on the mechanisms for how, as part of the implementation process for the court, all that will be rolled out in advance of the court becoming operational.

Criminal Justice Committee [Draft]

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

Meeting date: 7 February 2024

Angela Constance

I assure you that I am trying very hard to answer your question, Ms McNeill.

We can share new information or reshare information that has already been in the public domain, if that aids discussions and deliberations. That is not a problem. The proviso is that decisions are still to be made about the criteria and the time limit—for example, whether it is to be a year or two years—and about some of the processes around evaluation.

My views are emerging on much of that, including what should be in legislation—because more detail on the pilot could be put in legislation—so you will forgive me for also being keen to understand the committee’s deliberation, in its stage 1 report.

I can share more information now. I am just highlighting that some decisions are not absolutely made yet, because further engagement is, I hope, on-going with people who have fundamental objections to the pilot. However, I am absolutely open to the suggestion that, if there is need for more detail in the bill, as opposed to leaving all the detail to regulations, which was the original plan, it will be anchored in the bill, then we would come back to Parliament with more detailed regulations.

The change will not happen without secondary legislation, but if we can anchor more information in the bill and make more information public, we will do that. Before the bill passes, and before we get to stages 2 and 3, we will have made more definitive decisions on the back of further consultation about the shape and size of the change.

Criminal Justice Committee [Draft]

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

Meeting date: 7 February 2024

Angela Constance

The proposed new sexual offences court is separate from the pilot. We still have to make a decision about whether the pilot will take place in the sexual offences court or in the High Court. I can talk about the thinking on that if time permits.

I deeply regret that some criminal defence lawyers feel so strongly that, at this time, they are talking about a boycott. I will continue to seek to engage as much as possible, and I will seek to work with people on the detail. However, with respect, Mr Findlay, a parliamentary process is going on, which, in my view, should be respected. A process of inquiry and scrutiny is taking place. I will not box myself or anybody else into a corner at this stage.

11:45  

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

The sexual offences court would be a hybrid court in that it could deal with all the High Court solemn cases as well as the serious sheriff and jury cases. On how it is constructed, we have been clear that there would be no diminution in the quality or the status of representation that is available to the accused. There are particular High Court cases that have to be—

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

The point that I am making is that no one chooses the procedure or the court that they appear in right now; that decision is taken elsewhere.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

Conviction rates will be recorded. That information will be gathered.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

The fact sheet did that, but I think that I am hearing that people want more detail to be made available, the proviso being that there is still no definitive—

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

It is not binary. I understand why you are pressing me, but it is not binary. Of course I want more women to have the justice that they deserve but, as I have outlined—

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

We do not want to turn the clock backwards, so yes, we need more justice for more women.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

I do think that. It has always been my intention that Parliament will know that as we progress, and following deliberation by the committee. There is a bit of a chicken-and-egg scenario, here. It is appropriate for me to canvass a full range of views and insights. Fundamental decisions about how the pilot will operate will have to be made in the not-too-distant future. That will certainly happen before stage 3. I hope that, before stage 2, I will at least be in a position to give more definitive detail about our thinking and the direction of travel, rather than just giving options.