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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 17 May 2025
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Displaying 1673 contributions

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Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

My first question is for Dr Houghton. I was struck by the research that you, Dr Morrison and Dr Warrington did, which was published in January. You spoke to 22 victims of domestic crimes and there were 10 key findings. One in particular is worth repeating in full because it encapsulates so much of what is wrong, including the police, prosecution and sentencing elements. It is:

“Participants had significant concerns that the investigation, prosecution and sentencing for domestic abuse offences did not adequately reflect the sustained level, severity or impact of abuse experienced.”

That sums it up.

Were you surprised by what you and your team found when speaking to the women? Given that the Government commissioned the work, have you had any feedback from officials or ministers? There seems to be a consensus that there is not a legislative need to change anything, so how do we fix those embedded cultural problems in the system?

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

For what it is worth, I note that I was in contact with one of the participants who mentioned that she is very grateful not just for the opportunity to take part but for the subsequent support that she has received from you and your team.

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

Yes—for cases where you may be aware that individuals are seeking to obtain legal aid and they are not being honest. The case may involve serious organised crime or convictions of a domestic nature that are influencing the matter as part of a culture of using civil legal aid to prolong abuse that is criminal. Do the police have any mechanism for talking to the Legal Aid Board?

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

I have a further quick question. We heard from the previous panel about civil and criminal cases, where domestic abusers sometimes use the civil courts to prolong the abuse, or to play the criminal case off against the civil case and vice versa. In a particular case that I have been dealing with, the individual is frustrated that the Scottish Legal Aid Board appears to be blind to what is going on. There is an organised crime element to that, with previous convictions and, allegedly, the hiding of assets, but it looks like the defendant is going to get legal aid. Do the police have any mechanism at all for feeding into legal aid decisions of that nature? Is there any protocol, memorandum of understanding or sharing of information?

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

I do not know, but that might be one of the cases that is referred to in the Police Scotland submission.

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

I have one more question, which is for Professor Burman. In the written evidence, you talk about civil and criminal cases sometimes running in tandem, albeit they are completely disconnected. I am familiar with cases in which an abuser has used the criminal courts as a means to extend and prolong abuse, or they have used the civil court to delay or derail the criminal prosecution. Has any research been done into that specific problem? Has anyone given any consideration to a fairly radical fix of combining criminal and civil matters relating to the same parties, or is that getting a bit ahead of the game?

11:00  

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

Has that appeal been through the court?

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

Of course.

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

The written submission from Police Scotland was really detailed and helpful. On page 9, it refers to two cases, which Moira Price has already referred to. Those are cases where DASA was successfully used to prosecute rapes under a DASA charge, which otherwise would have been uncorroborated and not prosecuted. Those cases are both the subject of appeals, and I will not ask you to predict the outcomes, but I would like to ask you a two-part question.

First, do those appeals have any bearing on current DASA cases, or are any cases incorporating a rape charge or rape element on pause because of the appeals? Secondly, in the worst-case scenario, if the cases are successfully appealed, does that fundamentally derail DASA for that purpose?

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Russell Findlay

I have a quick supplementary question for Mr Naylor. Does HMICS have any remit around training and targets? Can you hold the police to account in certain ways?