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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 6 May 2025
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Displaying 3377 contributions

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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

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

Meeting date: 4 December 2024

Audrey Nicoll

I call Pauline McNeill, followed by Liam Kerr. I ask for succinct questions and responses, because we still have a wee bit to cover.

Criminal Justice Committee

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

Meeting date: 4 December 2024

Audrey Nicoll

I know that we are discussing very important parts of the bill.