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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 17 August 2025
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Displaying 903 contributions

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Criminal Justice Committee

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

Meeting date: 10 January 2024

Fulton MacGregor

I am not really asking you to develop the policy. You have been clear that you have issues with the proposals as they are set out, and I was asking whether you had any thoughts or suggestions as to how they could be rectified and how the policy might work better in practice. However, I accept your point that this will take further discussions.

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Fulton MacGregor

Thank you. You have made a compelling case about how you and the review group came to your decision.

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鈥檚 point, we have heard concerning evidence about how victims and witnesses鈥攐r rather, complainers鈥攈ave 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

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

Meeting date: 10 January 2024

Fulton MacGregor

Thank you for your powerful evidence so far, including what you have just said.

I will ask about the same subject that I asked about in the previous evidence session鈥擨 do not know whether you saw it. What are your views on independent legal representation? What I am getting from your submission is that the Crown Office is generally supportive of the idea and the provisions for it, but that it envisages some problems. You have outlined some ways in which those problems might be resolved. Could you expand on that?

Criminal Justice Committee

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

Meeting date: 10 January 2024

Fulton MacGregor

Good afternoon. I will stick to the line of questioning that I followed with the previous two panels of witnesses, which is on the issue of independent legal representation. Your submission is different to those of Lady Dorrian and the Lord Advocate, in that you raise concerns about the resource implications and the possibility of delays to cases. Can you expand on those concerns? Is there any merit to the suggestion and, if so, how could it be achieved, if not through the bill?

Criminal Justice Committee

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

Meeting date: 10 January 2024

Fulton MacGregor

My questioning so far, and in the earlier evidence session, has focused on independent legal representation in relation to the rape shield provisions鈥攁s Lady Dorrian said, she recommended ILR for that purpose only. What are your thoughts on independent legal representation being provided for complainers in a wider context, perhaps when they first make a complaint?

We have heard a lot of evidence鈥擨 am sure that you have heard it as well鈥攖hat when somebody makes a complaint to the police in these situations, that is it for them until they are next contacted by the criminal justice system. Is there a role for the provision of independent legal advice at an earlier stage, so that somebody could go through with people making a complaint how things might pan out?

Criminal Justice Committee

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

Meeting date: 10 January 2024

Fulton MacGregor

That was my next question. It sounds like you are supportive of the principle but, like the Lord Advocate, you perhaps have concerns over how the arrangements might work in practice.

My next question, then, is: how do we make the process work more easily? What is the answer? It may not be so simple, but you are saying that you would be happy to work with the Scottish Government. At this stage of scrutiny of the bill, it would be helpful for us to understand how things could work.

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Fulton MacGregor

Personally, I think that independent legal representation is a really good idea. I welcome the proposals on that in your report and in the bill.

Going back to what Russell Findlay said, if it is not workable for whatever reason, is there another way to deal with defence lawyers bringing up the issue of character and sexual history as part of their defence? Did the group look at any other way that that could be addressed?

Criminal Justice Committee

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

Meeting date: 10 January 2024

Fulton MacGregor

To go back to your submission, my understanding is that you are supportive of the proposal but think that it is not fair to put all the responsibility on the Crown and that how the process would work in practice needs to be thought out.