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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 16 August 2025
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Displaying 1131 contributions

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Criminal Justice Committee

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

Meeting date: 26 February 2025

Rona Mackay

That is great.

Criminal Justice Committee

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

Meeting date: 26 February 2025

Rona Mackay

Thank you for that.

Moving on, you mentioned vulnerable witnesses and said that you are exploring amendments to embed choice—which I think is a really good thing—and that that will remain a fundamental bedrock of the new court. However, Scottish Women’s Aid has concerns about the need for qualification for some women and the fact that

“the court can still order, or decline, special measures”

in certain circumstances, which

“means that women face uncertainty as to whether they will ... have to face the abuser in court”

et cetera.

The organisation is concerned about the amendment relating to the test for deemed vulnerability. Although it welcomes the fact that that approach will be embedded in the civil and criminal courts, it says that it is unacceptable that people would have to provide evidence for eligibility for special measures—it could be from a health practitioner—and that someone who has been a victim of domestic abuse or sexual assault would need to have that qualification applied to them. Scottish Women’s Aid thinks that that is “unacceptable as a test” for women, as they might have to undergo “intrusive” questions and examinations.

Is that coming into your thinking in the amendments that you will lodge on the issue?

Criminal Justice Committee

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

Meeting date: 26 February 2025

Rona Mackay

That is very reassuring.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Rona Mackay

It absolutely does. I want to ask you about when reviews are carried out in parallel with criminal proceedings and with regard to preventing prejudice. The Lord Advocate would have power to pause or end a review to prevent prejudice in those proceedings. How often and in what types of situations would that power be used?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Rona Mackay

Good morning. I will ask about the determination of when and whether to hold a review. Where there is a reviewable death, the oversight committee would still need to decide whether to hold the review. I guess that that would mean determining, for example, whether lessons could be learned from the situation.

Could you say a wee bit more about how that would work in practice? To get an idea of the context and scale of numbers, in what proportion of cases where there is a reviewable death do you anticipate a review being carried out?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Rona Mackay

It is encouraging to know that the review would be speeded up for the families involved. That would definitely help to comfort them.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Rona Mackay

Moving on to the subject of fiscal fines, is the Government content that the powers of the prosecution to offer fiscal fines have been appropriately used and that the ability to impose higher fiscal fines has not given rise to problems in relation to people’s ability to pay and so on?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Rona Mackay

I want to follow on from the convener’s question by asking about electronic signing of documents in criminal cases. That approach has been broadly supported and welcomed, but there has been a bit of discussion about the potential for digital exclusion in relation to some members of the public. Can you provide any reassurance in that respect to people who are not au fait with that technology?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Rona Mackay

That was helpful. Do you agree that victims should be informed when a case has been dealt with by way of a fiscal fine?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 5 February 2025

Rona Mackay

Good morning, Fiona, and thank you for your submission; I am pleased that you are very supportive of the bill. In your submission, you say that, in England,

“inquests provide a structured investigation into deaths.”

How would you compare what we are proposing with what they have in England?