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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 19 June 2025
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Displaying 895 contributions

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Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Fulton MacGregor

I was going to ask about independent legal representation, but Russell Findlay got in there before me, so I will ask about another area.

To go back to John Swinney’s point, we have heard concerning evidence about how victims and witnesses—or rather, complainers—have felt during their trial, particularly during cross examination, with regard to the practice of bringing up their character or, perhaps, sexual history. Is the recommendation for legal representation to protect people on that particular aspect?

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Fulton MacGregor

Is there any way to strengthen the current arrangements to ensure that they do not fail?

Criminal Justice Committee

Chief Constable Jo Farrell: Vision and Priorities for Police Scotland

Meeting date: 20 December 2023

Fulton MacGregor

It was good to give you the opportunity to put that on the record.

My main question goes back to the report that was produced in 2020 by Dame Elish Angiolini, when she carried out a review of policing. You will be well aware of that review. She said that she was “extraordinarily depressed” to hear accounts of discrimination within Police Scotland. I know that the previous chief constable acknowledged that, prior to leaving the service, and that you have also acknowledged that.

What do you feel should be done about the culture of the organisation? Do you have any plans to drive that work forward?

Criminal Justice Committee

Chief Constable Jo Farrell: Vision and Priorities for Police Scotland

Meeting date: 20 December 2023

Fulton MacGregor

I welcome the chief constable to her role. Before I move on to my main line of questioning, I would like to follow up on the estate issue. Unless I missed it and will get hit with bad news today, I was glad that no Lanarkshire closures were planned. I think that that is right, given the distance between Lanarkshire police stations and the unique nature of all the individual towns.

I will pose what is perhaps the opposite question to the one that you have been asked today. A lot of those buildings in Lanarkshire—the one in Coatbridge, for example, and the one in nearby Airdrie—are very old, so there is no scope for the amalgamation that has happened in Glasgow, and for the officers and staff to move into good new buildings. The option is just not there—it is not like Coatbridge is good and Airdrie can move down, or vice versa. When you are redeveloping, have you given any thought to the buildings in Lanarkshire? I am not too sure about the Cumbernauld one, but the vast majority are old buildings.

Criminal Justice Committee

Chief Constable Jo Farrell: Vision and Priorities for Police Scotland

Meeting date: 20 December 2023

Fulton MacGregor

Thank you for that frank and robust response. My follow-up question was going to be about how you will review that to find out when you are at the right place. However, you have answered that.

The Parliament’s Equalities, Human Rights and Civil Justice Committee is interested in looking at that area, too. I am a member of that committee, and I know that its convener and clerks will look at that response to see whether it helps them to direct any future work. I thank you for your frankness. You have not tried to hide anything.

Everybody around the table knows that the issue is not necessarily about the majority of individual officers, who are doing a fantastic job throughout the country, but as the report identified, and as the previous chief constable and you have said, it is more of an institutional culture. I think that Dame Elish Angiolini referred to a cafe culture in her report.

Criminal Justice Committee

Chief Constable Jo Farrell: Vision and Priorities for Police Scotland

Meeting date: 20 December 2023

Fulton MacGregor

That certainly reflects my experience as an MSP of police officers I meet through my job and people I know personally.

The other issue that I want to ask about is the police’s trauma-informed practice, if that is all right, convener—I hope that I am not standing on any toes in doing that. We hear a lot more about that as we take bills through the Parliament. The Victims, Witnesses, and Justice Reform (Scotland) Bill has a specific section on trauma-informed practice for the various justice organisations. We have already heard evidence that there is good trauma-informed practice in the police. The joint investigative interviews, for example, are key. However, there are other things that could perhaps be done better in dealing with victims and witnesses as they interact with the justice system. What are your early thoughts on that? What needs to improve, or what is already good and can be built on?

Criminal Justice Committee

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

Meeting date: 13 December 2023

Fulton MacGregor

Thank you for that.

I have a second question on this issue. I think that I hear what you are saying about the acquittals: you are worried that they will come not only from the current pool of not proven but, because of the higher threshold, from the current pool of convicted. I think that you have already answered this question, so you can be brief—as I am sure that the convener will be glad to hear. What if we, as a Parliament, decided—for want of a better phrase—to get rid of not proven, but left the jury numbers as they were? Do you think it possible that that might result in the reverse of your concerns occurring and, as many in the legal profession have similarly raised concerns about, lead to wrongful convictions instead? Are you concerned or worried about that? I am just putting that out there.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Fulton MacGregor

Good morning to the panel.

I want to go back to something that Stuart Munro said in his previous answer. It is something that we have certainly heard before in taking evidence over the past number of weeks. He said that there is no difference in outcome between the not guilty and not proven verdicts. For the benefit of laypeople łÉČËżěĘÖ, if there is no difference, why do we need the extra verdict, considering that no other system has it?

Criminal Justice Committee

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

Meeting date: 13 December 2023

Fulton MacGregor

That brings me on to my second question. All three of you have talked about balance. Do you have a fear that, if the Parliament gets rid of the not proven verdict, either the number of wrongful convictions will increase or the opposite will occur and more people will walk free when they are actually guilty? You have talked a lot about the not proven verdict being needed for balance, but what would happen if the balance, as you are calling it, was taken away?

Criminal Justice Committee

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

Meeting date: 13 December 2023

Fulton MacGregor

You said that some of your American colleagues were shocked about our system and wondered how it achieves acquittals. I want to make a point about the Scottish jury research—I am trying to find the information so that I get the figures right—which I know that other colleagues want to ask about. According to the study, undertaken in 2019, when juries had two verdicts available to them, they returned three out of 32 convictions, and when they had three verdicts available to them, they returned four out of 32. Acquittal is very high, it would seem.