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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 24 December 2025
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Displaying 1295 contributions

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Criminal Justice Committee

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

Meeting date: 31 January 2024

Rona Mackay

The bill provides that judges of the sexual offences court will be appointed for a period that will be set by the Lord Justice General, who will also have the power to remove them. What are your thoughts on that? Last week, we heard evidence from the Faculty of Advocates casting doubt on the seniority and experience of the judges who could be appointed to the court. They were dubious about that. Will you set out how it will work in practice? There is fear that, when rape is involved, a sexual offences court could be a downgrading from the High Court.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Rona Mackay

The Faculty of Advocates was very insistent on that, and I was also struggling to understand. That is why I am keen to ask for both your views.

Sheriff Cubie, do you have a view on that?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Rona Mackay

I assume that that is not a road that you would want to go down if we could get the balance right with what you consider to be a fair jury size.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Rona Mackay

So, in the new court, it would not be mandatory and people could choose not to submit pre-recorded evidence.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Rona Mackay

Do you have concerns about any perception that a sexual offences court would be downgraded, because it would be less—shall we say—sombre and serious than a High Court, which, traditionally, has dealt with rape and murder cases?

Criminal Justice Committee

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

Meeting date: 24 January 2024

Rona Mackay

Good morning. Professor Thomas, your research casts doubt on the existence, or the prevalence, of rape myths. However, your results show that 43 per cent agreed with the statement:

“I would expect anyone that was raped to be very emotional when giving evidence in court”.

We heard some very powerful evidence from survivors, one of whom said that she felt that she was penalised because she was not crying; it was not how she was dealing with her trauma on that particular day. She was also told that she could not sit in the public gallery, because it would be a bad look. We have heard a lot of evidence like that.

Another part of your research says that 23 per cent agreed or were not sure that,

“If a woman sends sexually explicit texts or messages to a man she should not accuse him of rape later on”.

I find that very concerning. The numbers that I have quoted—43 per cent and 23 per cent—are not small. Do you find that concerning?

Criminal Justice Committee

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

Meeting date: 24 January 2024

Rona Mackay

I have a brief supplementary question on what you have just said. I understand that you have been involved in civil cases involving personal injury actions for rape et cetera, in which the decision was made by a judge sitting alone. Does that change the way that the case is presented?

Criminal Justice Committee

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

Meeting date: 24 January 2024

Rona Mackay

That is interesting. Thank you.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Rona Mackay

That is why I am questioning you on it. That is fine—you have answered the point.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Rona Mackay

Finally, did your research include taking any evidence from survivors?