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.
Displaying 1673 contributions
Criminal Justice Committee
Meeting date: 22 December 2021
Russell Findlay
I am reassured by the commitment from you both that plea deals will be taken only in the public interest and the interests of justice. However, the case that I referenced was not unusual and, from the conversation that I had with your colleagues who prosecute in the lower courts, my understanding is that there is not a mechanism to routinely inform complainers about plea deals. That is perhaps because of the volume of work. It might be that that was more likely for the Lord Advocate in her day when she was prosecuting in the higher courts because she was prosecuting fewer cases, albeit more serious ones. Thank you for your answers.
Criminal Justice Committee
Meeting date: 22 December 2021
Russell Findlay
I seek clarification on the 92 per cent. I do not know what that relates to exactly.
Criminal Justice Committee
Meeting date: 22 December 2021
Russell Findlay
Thank you.
Criminal Justice Committee
Meeting date: 22 December 2021
Russell Findlay
I am sorry. I did not indicate that I wanted to come back in.
Criminal Justice Committee
Meeting date: 22 December 2021
Russell Findlay
It is an historical case that I mentioned as an example to give people an idea of what happens. I do not suppose that there is much purpose in revisiting it.
Criminal Justice Committee
Meeting date: 22 December 2021
Russell Findlay
A few weeks ago, my colleague Jamie Greene and I met some of your Crown Office colleagues who prosecute cases in the lower courts to discuss an issue that is not often talked about: plea deals. In one serious domestic violence case that I am familiar with, there were 16 charges, and after four years, there was a plea deal in which seven of the charges were dropped and some of the others were amended. The victim was not informed of the decision. Moreover, the amending of some of the details was quite jarring and, in some respects, revictimising. Should victims be told of any plea deals and the detail of them? Given the court backlog, is there not a risk of such deals being used more than they are currently—and perhaps disproportionately, to the detriment of justice? What safeguards are there against that happening?
Criminal Justice Committee
Meeting date: 22 December 2021
Russell Findlay
Yes.
Criminal Justice Committee
Meeting date: 22 December 2021
Russell Findlay
There is strong resistance from criminal defence lawyers to judge only trials. One concern is that, instead of a jury of their peers trying somebody, the accused would be in front of a usually male, white, middle-aged and privately educated lawyer. What do you say to that specific concern and those lawyers who are very vocal about the issue? Are you trying to persuade them? Finally—I suppose that it is a three-part question—have you seen any evidence in the profession of a male-female split in relation to that view, given that it relates primarily to crimes of a sexual nature?
Criminal Justice Committee
Meeting date: 22 December 2021
Russell Findlay
My question is on a similar theme—that of support for victims and witnesses.
Lord Advocate, I think that you said in your opening remarks that you had tasked Lindsey Miller with reviewing the Crown’s victim information and advice service. Does its ability to help victims and witnesses not boil down entirely to decisions that you make about your budget? In other words, the primary function of the Crown is to prosecute crime—ergo, that takes up by far the biggest slice of your budget. Given the chronic backlogs, funds for victim information will always be a secondary consideration. Do you agree? If so, can anything be done about that?
Criminal Justice Committee
Meeting date: 22 December 2021
Russell Findlay
It is interesting to hear that 70 per cent of High Court cases are about crimes of a sexual nature, and about the disproportionate impact on female victims. In a recent interview, Lord Advocate, you suggested that
“sexual crime requires a different and distinct approach”.
Can you explain what you would like that to be?