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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

I am just amazed that the work has not been done in respect of existing trials. That is what surprises me.

Criminal Justice Committee

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

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

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

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

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

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

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

Meeting date: 6 February 2024

Russell Findlay

Even if such numbers reduced, an accused would presumably have the right to instruct a solicitor of their choosing. Is that correct?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Russell Findlay

In the Government’s response to your feedback and explanation, is there any sympathy or willingness to somehow compromise?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Russell Findlay

The next question, which we have not touched on yet, is about the provision for independent legal representation in the event of a section 275 order being made. That provision has been universally supported. However, the Crown Office, the Scottish Courts and Tribunals Service, the Law Society of Scotland and even Lady Dorrian have all expressed concerns that, as drafted, it would result in more churn and delays, contrary to the interests of a complainer.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Russell Findlay

Good afternoon, Mr Brown. Your organisation’s written submission to the committee says:

“We are not prepared to take part in this scheme”—

that is, the juryless rape trials. When I asked the Law Society of Scotland about that, it indicated that some of its members might take part in such trials. The Faculty of Advocates told us that its members, if instructed by a solicitor, would be unable to refuse to do so, because that might be a disciplinary issue. I am trying to establish how real the threat of a boycott is.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Russell Findlay

Presumably, you have raised the issue directly with the Scottish Government.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Russell Findlay

Presumably, the Government is reluctant to put that up front as an explanation, because that would effectively be saying that the system is broken and does not work.