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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 13 February 2026
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Displaying 3945 contributions

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Criminal Justice Committee

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

Meeting date: 4 December 2024

Audrey Nicoll

Thank you for that. That is incredibly helpful.

I note that we have taken almost 45 minutes to explore one part of the bill, but I think that it was absolutely appropriate to do that. I would now like to move on to part 5 of the bill, which relates to the proposal on a stand-alone sexual offences court. In the cabinet secretary’s correspondence, she reaffirms her commitment to

“a standalone court that has the freedom to operate in a manner that enables it to both identify and develop changes in practice and procedure that will deliver meaningful improvements to the experience of sexual offence victims.”

She sets out some of the areas where she is proposing amendments, including legal representation for accused, security of tenure for sexual offences court judges and offering more choice to vulnerable witnesses with regard to giving evidence. I would like to hear our witnesses’ views on that provision and the amendments that have been proposed at this point.

Criminal Justice Committee

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

Meeting date: 4 December 2024

Audrey Nicoll

There is a very quick point from Kate Wallace, then we will have to move on.

Criminal Justice Committee

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

Meeting date: 4 December 2024

Audrey Nicoll

Given that there are no more questions on part 4, we will move to part 5, which relates to the proposals for a sexual offences court. In the cabinet secretary’s letter to the committee, she sets out her commitment to

“a standalone court that has the freedom to operate in a manner that enables it to both identify and develop changes in practice and procedure that will deliver meaningful improvements to the experience of sexual offence victims.”

The correspondence from the Government sets out a number of areas in which it proposes to lodge amendments at stage 2, such as legal representation for an accused, security of tenure for judges, and choice in how vulnerable witnesses can give their evidence. There is quite a lot of detail on what is being proposed for stage 2. What are your views on those proposals?

Criminal Justice Committee

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

Meeting date: 4 December 2024

Audrey Nicoll

We got there in the end—thank you. I will bring in Rona Mackay and then Liam Kerr.

Criminal Justice Committee

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

Meeting date: 4 December 2024

Audrey Nicoll

Okay—thank you.

I am watching the time. Let us move on to part 6. I will start with the Government’s update on the provisions around a pilot scheme for criminal trials of rape or attempted rape—in other words, a juryless trial pilot. The intention was that the pilot would take place in the High Court or in the specialist sexual offences court. It would involve a single judge delivering a verdict following a trial and providing written reasons for that verdict. That would be followed by a review and publication of a report on how it had operated.

You will both be aware that the Government indicated in its response that it would not go ahead with that proposal. It has indicated that it would instead be

“working on a range of legislative and non-legislative measures to explore and address the underlying issues the pilot was seeking to address.”

Over to you. I am interested in your responses to that update.

Criminal Justice Committee

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

Meeting date: 4 December 2024

Audrey Nicoll

My follow-up question was going to be on the proposals that have been made in relation to the 1981 act and the proposals for research into jury deliberations, so it is helpful to have your views on that on the record. Kate Wallace, do you want to add any more on that?

Criminal Justice Committee

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

Meeting date: 4 December 2024

Audrey Nicoll

Are there any other questions on part 6?

Criminal Justice Committee

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

Meeting date: 4 December 2024

Audrey Nicoll

Ben Macpherson does not want to come back in. Does any other member want to come back in on part 4?

Criminal Justice Committee

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

Meeting date: 4 December 2024

Audrey Nicoll

A number of proposals have been made for stage 2 amendments on independent legal representation, which also sits within part 6 of the bill. They might be procedural and technical amendments, but I am interested in whether you have any comments or views on what is being proposed in part 6.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 27 November 2024

Audrey Nicoll

A very good morning, and welcome to the 37th meeting in 2024 of the Criminal Justice Committee. We have no apologies this morning. Katy Clark joins us online.

There is one item of business, which is consideration of a negative instrument. I refer members to paper 1. The order further amends the Firefighters’ Pension Schemes (Scotland) Order 2007, following amendments that were made to that order by the Firefighters’ Pension Schemes (Scotland) Amendment Order 2024, which extended the period during which persons who were employed in Scotland as retained firefighters have access to a pension scheme.

Members might wish to note that, ahead of the committee’s consideration of the instrument, the Fire Brigades Union was invited to comment, but it has no issue with or comments to make on the instrument.

As no member has any questions, does the committee agree to make no recommendations on the instrument?

Members indicated agreement.