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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 5 May 2021
  6. Current session: 12 May 2021 to 12 May 2025
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Displaying 3378 contributions

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Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 January 2022

Audrey Nicoll

Good morning. Welcome to the first meeting in 2022 of the Criminal Justice Committee. I hope that you all had a pleasant break.

I ask everyone to ensure that their mobile phones are switched to silent, and to wait for the sound engineer to switch their microphone on before speaking.

Our first item of business is consideration of the Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021. I welcome Keith Brown, Cabinet Secretary for Justice and Veterans, and, from the Scottish Prison Service, Teresa Medhurst, interim chief executive, and Fiona Cruickshanks, head of operations and public protection.

I intend to allow up to one hour for this evidence session. I refer members to papers 1 to 3. I invite the cabinet secretary to make some brief opening remarks.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 January 2022

Audrey Nicoll

We move to questions. I will kick things off with a general question, after which I will hand over to Russell Findlay.

Cabinet secretary, it is interesting to note the early feedback since the introduction of the changes. You mentioned that concerns had been expressed about a lack of wider consultation before the regulations were made, although we appreciate that the Prison Service was keen to make progress on the matter before the festive season. Are there any plans to carry out a review of the new powers, in which input could be sought from those who work in the field and a wider range of experts as part of that?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 January 2022

Audrey Nicoll

I will bring in Fulton MacGregor to ask questions on photocopying and testing.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 January 2022

Audrey Nicoll

Thank you—that is helpful.

There is a lot of interest in the issue, and we have a lot of questions on it. I hand over to Russell Findlay.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 January 2022

Audrey Nicoll

I invite Ms Medhurst to respond.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Audrey Nicoll

I will hand back to Rona Mackay, who we lost previously, so that she can pick up on her previous line of questioning, and then we will move on to Pauline McNeill.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Audrey Nicoll

I will bring in Rona Mackay before we move on to questions on the role of the advocate depute.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Audrey Nicoll

Thank you. That is very helpful. You are right—I am sure that we will come on to some of those issues, and others, throughout the meeting.

We will move on to questions about the not proven verdict and judge-only trials.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Audrey Nicoll

Thank you, Lord Advocate, for that helpful and welcome update.

We will move on to questions, and I will open up with a fairly general one. You will be aware that a key focus of our work so far in this session has been understanding the experiences of complainers and witnesses as they journey through the criminal justice system following an allegation of rape or sexual assault.

As part of our work, we have heard at first hand from a number of brave women about their experiences in that regard. This morning, we would like to pick up on some of their testimony. I will start by referring to Lady Dorrian’s review—which you just mentioned, Lord Advocate—on the management of sexual offences. I would like to ask a little bit about what actions the Crown Office and Procurator Fiscal Service has taken to date in response to Lady Dorrian’s recommendations, bearing in mind that her report was published almost a year ago. Can you give us a broad update in respect of your response?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Audrey Nicoll

Thank you, Lord Advocate. Mr Harvie, do you want to come in?