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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 6 August 2025
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Displaying 1264 contributions

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Criminal Justice Committee

Subordinate Legislation

Meeting date: 1 September 2021

Pauline McNeill

I was pondering the same point. It would be useful to know why the fee has gone up鈥攎aybe it is related to the pandemic. It is also backdated to 30 June. It would be helpful to know why we are being asked to agree to that.

Criminal Justice Committee

Police, Crime, Sentencing and Courts Bill

Meeting date: 1 September 2021

Pauline McNeill

Thank you.

Criminal Justice Committee

Police, Crime, Sentencing and Courts Bill

Meeting date: 1 September 2021

Pauline McNeill

I will follow on from that and try to get my head around what the LCM is supposed to be doing.

I note that the provision applies where the device owner has given agreement, so that bit does not seem to be contentious. I understand that a lot of cases now involve the extraction of data from mobile devices, so it is quite a big issue, and the framework is about ensuring that the police and other agencies do that within the statutory legal framework and not just on the basis of common law. If the Scottish Government鈥檚 position is just to be cautious about that, because it will be a big issue, I concur that it seems reasonable that you want to see the finalised code of practice before giving consent.

I just want to make sure that my basic understanding of the LCM is correct, which is that the provision applies when the owner has already given consent. There are other provisions, such as when the device owner is incapacitated or is a child, but, in the main, the provision applies to the device owner.

Criminal Justice Committee

Interests

Meeting date: 22 June 2021

Pauline McNeill

My husband was formerly a member of the criminal bar, but he is no longer practising. I do not think that that is a relevant interest, but I would like to declare it.