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: 7 February 2024
Russell Findlay
Everybody seems to support independent legal representation for rape victims in principle, but there are very detailed and specific concerns about how it will work in practice. The Crown Office submitted four pages of concerns. The courts, the Law Society of Scotland and the Scottish Solicitors Bar Association have all raised concerns. Those concerns are more about practicality and how it will inevitably lead to more delays in the system, which will be contrary to the interests and wellbeing of complainers. Lady Dorrian said in her evidence to us that the bill, as drafted, needs to be streamlined in that respect. What exactly is the Scottish Government doing, practically, to address all that concern?
Criminal Justice Committee
Meeting date: 7 February 2024
Russell Findlay
All of that makes sense when it is a preliminary hearing in advance of a trial, but there is still an issue about how that will be addressed during proceedings. Whatever the timescale, if a section 275 application is made during a trial, the complainer will have to seek legal representation and then to go through that process. That will, by its nature, cause the trial to stop while that happens.
Criminal Justice Committee
Meeting date: 7 February 2024
Russell Findlay
Presumably, that work will also include assessing the effect of the intervention on the ILR.
Criminal Justice Committee
Meeting date: 7 February 2024
Russell Findlay
There is such a case right now, in fact.
Criminal Justice Committee
Meeting date: 7 February 2024
Russell Findlay
I am sorry to interrupt, but can I just come in on that? Will that, therefore, stay in the bill? Will the prosecution have that discretion?
Criminal Justice Committee
Meeting date: 7 February 2024
Russell Findlay
What surprises me is that the two professors who, until now, had not expressed a position on the size of the required majority, both said that they believe that this is a mistake. Have you taken that on board or reflected on it, or is there now a fixed view?
Criminal Justice Committee
Meeting date: 7 February 2024
Russell Findlay
Right. Okay.
Criminal Justice Committee
Meeting date: 7 February 2024
Russell Findlay
I have a quick question. I did not realise that we would go off on a tangent and talk about budgets, and I know that we do not have the time for me to counter some of what has been said as much as I would like to.
My question relates to the remit of the sexual crimes court. Lady Dorrian believes that it should not include crimes such as murder, as do others. Is the Government’s position fixed that it will?
Criminal Justice Committee
Meeting date: 7 February 2024
Russell Findlay
We have heard evidence about how the pilot will be assessed. Apparently, the only assessment measure will be conviction rates.
Criminal Justice Committee
Meeting date: 7 February 2024
Russell Findlay
Is the Scottish Government’s motivation behind the juryless rape trials to increase conviction rates?