Skip to main content

Language: English / Gàidhlig

Loading…

Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

Criathragan Hide all filters

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 7 May 2025
Select which types of business to include


Select level of detail in results

Displaying 1673 contributions

|

Criminal Justice Committee

Prosecution of Violence against Women and Girls

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

Prosecution of Violence against Women and Girls

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

Prosecution of Violence against Women and Girls

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

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Russell Findlay

Separate but connected to that is the not proven verdict. Do you have a view on whether not proven should be scrapped? Do you have a view on whether, instead of “guilty” and “not guilty”, the two verdicts should be “proven” and “not proven”?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

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

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Russell Findlay

Thank you.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Russell Findlay

I am sorry. I did not indicate that I wanted to come back in.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

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

Prosecution of Violence against Women and Girls

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

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Russell Findlay

Yes.