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Chamber and committees

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 6 May 2025
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Displaying 1673 contributions

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Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Russell Findlay

To continue that line of questioning, the Crown Office and the Lord Advocate—perhaps unsurprisingly—support the proposal for the two-thirds majority, but they want to go further than that. If, for example, seven out of 12 people believe that the accused is guilty, they would like to have the power and the mechanism to seek a retrial. They say that they are in discussion with the Scottish Government about that. Have you taken that on board? Are you likely to amend the legislation to include that provision, or do you think that that would further exacerbate the concerns of those who I referred to in my initial question?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Russell Findlay

We heard evidence yesterday to that effect.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Russell Findlay

There is such a case right now, in fact.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

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

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

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

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Russell Findlay

Right. Okay.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

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

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

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

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Russell Findlay

Is the Scottish Government’s motivation behind the juryless rape trials to increase conviction rates?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Russell Findlay

I am not seeking to inflame the debate; I am just trying to assess the Government’s confidence in the proposal. In evidence from the Scottish Solicitors Bar Association yesterday, and from others previously, a boycott was mentioned. What confidence do you have that the proposed new court, which will be introduced at great cost and with great effort, will be able to function?