The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
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Criminal Justice Committee [Draft]
Meeting date: 22 January 2025
Audrey Nicoll
The report will be published shortly.
Criminal Justice Committee [Draft]
Meeting date: 22 January 2025
Audrey Nicoll
Our third item of business is consideration of a negative instrument. As members do not wish to make any recommendations in relation to the negative instrument, are we content with it?
Members indicated agreement.
Criminal Justice Committee [Draft]
Meeting date: 22 January 2025
Audrey Nicoll
Okay. I will bring in members.
Criminal Justice Committee [Draft]
Meeting date: 22 January 2025
Audrey Nicoll
The practical issues of timing and availability of solicitors and facilities were certainly highlighted in both Paul Smith’s and Simon Brown’s submissions.
I have a follow-up question for Stuart Munro. You made an interesting point in your written submission—it is just at the bottom of page 7 in our paper 3—about proposed new section 303K of the Criminal Procedure (Scotland) Act 1995, which indicates that the court must issue directions for appearing by electronic means. You said:
“We consider it essential that those directions contain measures that ensure that witnesses are not susceptible to any undue influence and the effective participation of the accused is guaranteed. For achieving this, an appropriate connection network and suitable electronic devices are critical.”
Do you want to add to that? It was an interesting point.
Criminal Justice Committee [Draft]
Meeting date: 22 January 2025
Audrey Nicoll
That came up in the evidence from our first panel of witnesses. We will have the Crown Office and the Scottish Courts and Tribunals Service before us next week. We will have plenty to ask about the logistics of court processes. Thank you both very much. That has been helpful.
We now move into private.
12:19 Meeting continued in private until 13:01.Criminal Justice Committee [Draft]
Meeting date: 22 January 2025
Audrey Nicoll
I bring in Sharon Dowey for a very brief supplementary, and then I will bring in Liam Kerr for a final question.
Criminal Justice Committee [Draft]
Meeting date: 22 January 2025
Audrey Nicoll
I will stick with part 1. Kate Wallace, I was interested in the comments in your submission about the proposals on digital productions. Rightly, you highlighted the issues that victims of sexual crime potentially have to face when it comes to personal effects such as clothing being taken possession of for forensic examination and production. I am interested in hearing a bit more about why you think that the provision is a positive step forward, if you like, with particular reference to sexual offences.
Criminal Justice Committee [Draft]
Meeting date: 22 January 2025
Audrey Nicoll
I have a couple of other questions, which are again for you, Kate. One proposal in part 2 is for reviews to be carried out in parallel with other proceedings, such as criminal proceedings. However, the Lord Advocate would have discretion to end a review in the spirit of preventing prejudice to other proceedings. What are your views on that provision? Is it an appropriate arrangement?
Criminal Justice Committee [Draft]
Meeting date: 22 January 2025
Audrey Nicoll
Yes; I might be paraphrasing. However, might the main reason why cases would be transferred be to do with trying to get more throughput and a speedier or more efficient service? Is that the case in the example that Stuart Munro gave of the High Court?
Criminal Justice Committee [Draft]
Meeting date: 22 January 2025
Audrey Nicoll
Good morning, and welcome to the third meeting in 2025 of the Criminal Justice Committee. We have no apologies this morning.
Our first item of business is an oral evidence-taking session on an affirmative Scottish statutory instrument. We are joined by the Cabinet Secretary for Justice and Home Affairs, Angela Constance, and Scottish Government officials Susan Black, who is a senior policy officer in the civil law and legal systems division, and Emma Thomson, who is a solicitor in the legal directorate. I welcome you all to the meeting.
I refer members to paper 1. I intend to allow up to 15 minutes for this evidence session. I invite the cabinet secretary to make some opening remarks on the instrument.