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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 18 August 2025
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Displaying 3543 contributions

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Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Audrey Nicoll

Finally, I call Liam Kerr.

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Audrey Nicoll

I have a final question, which is for Adam Stachura and is about something that just came into my mind. The question concerns part 1 of the bill and is about capacity. You have outlined some of your views on choice, particularly for older people. When an older person finds themselves in the criminal justice system, or even in the civil justice system, and where there may be issues around capacity, what needs to be considered so that the provisions in part 1 remain relevant and accessible for them? For example, I am thinking of cases where there might be power of attorney or guardianship.

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Audrey Nicoll

That is helpful. I was going to finish up by asking whether the witnesses wanted to comment on anything else that we had not picked up on in our questions. I do not know whether you heard the evidence of the previous panel with regard to time limits. Organisations and stakeholders are obviously well sighted on that issue, so I appreciate your comments.

Adam, would you like to bring up anything else that we have not covered?

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Audrey Nicoll

You mentioned forced marriage and honour killings, or one of the two—I cannot remember which. I am surprised that those issues are not included in the bill’s provisions. What is your comment on that type of violence not being included in the review process?

Criminal Justice Committee

Police Investigations and Review Commissioner Annual Report 2023-24

Meeting date: 15 January 2025

Audrey Nicoll

That is correct.

Criminal Justice Committee

Police Investigations and Review Commissioner Annual Report 2023-24

Meeting date: 15 January 2025

Audrey Nicoll

Thank you. The issue of recruitment was considered during the passage of the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill. Personally, I am quite relaxed about it. I think that there is a need for a proportion of PIRC staff to have a real understanding of processes and procedures within policing, but I acknowledge some of the concerns that were raised around that. Will that issue need to be reviewed or considered, or are you content with the approach as it is at the moment?

Criminal Justice Committee

Police Investigations and Review Commissioner Annual Report 2023-24

Meeting date: 15 January 2025

Audrey Nicoll

Thank you for those really well-made points.

Criminal Justice Committee

Police Investigations and Review Commissioner Annual Report 2023-24

Meeting date: 15 January 2025

Audrey Nicoll

Thank you for that interesting update. While you were responding, I was wondering whether you have engaged with relevant partners on the change. You spoke about working on a business case and about engagement that is under way with the Scottish Government, so it will be interesting to monitor how that progresses.

Criminal Justice Committee

Police Investigations and Review Commissioner Annual Report 2023-24

Meeting date: 15 January 2025

Audrey Nicoll

Thank you very much. One of the key things that you referenced in your opening remarks was the substantial increase in your workload, and you mentioned the complex and evolving nature of the type of investigations that you undertake. The report provides further detail on that.

I will pick out a couple of things. The examination of on-duty allegations of assault made against police officers remains one of your biggest areas of work, and the report highlights that the nature and type of referrals continue to evolve. For example, the report references referrals relating to the discharge of firearms by firearms officers during incidents involving XL bully dogs, so there are new and emerging types of activity. I am interested in hearing a wee bit more about what that looks like more broadly.

Criminal Justice Committee

Police Investigations and Review Commissioner Annual Report 2023-24

Meeting date: 15 January 2025

Audrey Nicoll

In regard to having constituents who are very familiar with the work of the PIRC, that probably goes for us all.

If nobody else has any questions, I want to clarify one final point, which relates to Pauline McNeill’s question about the proposals on the presentation of cases at senior officer misconduct hearings. We did a wee check back of the Government’s response to our stage 1 report, in which the cabinet secretary said:

“Whilst this is not for the Bill itself, on balance, our intention is to consult on this when considering regulations with the Scottish Police Consultative Forum. My view is that PIRC are best placed to carry out this role. PIRC will have conducted the initial assessment, carried out the investigation and have all the documentation to present the case, though they may opt to procure the required skill set when necessary.”

I just wanted to put that on the record in response to Pauline’s question. You may not be bothered about that, Michelle, given that, as I understand it, you conclude your tenure in early 2025.