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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: 31 January 2024

Russell Findlay

In what practical way does the framework differ from what the proposed legislation will achieve?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

I have a general question, if that is okay.

We have a submission from the senators of the College of Justice, some of whom support the proposed pilot scheme for juryless rape trials and some of whom are opposed to it. Those who are opposed say that it may not comply with article 6 of the European convention on human rights and may not be within the legislative competence of the Scottish Parliament. They cite what the Scotland Act 1998, which you referred to in your initial answer, says about the independence of the Lord Advocate. Has the Crown Office assessed that warning about potential legislative incompetence? If so, how real is that threat, what, if anything, is being done to address it and how seriously should the committee take it?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

Are you satisfied that that is not the case?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

Name names.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

If I extend that point, defamation laws also protect individuals who may be accused of something.

I find the research to be fascinating. As a former journalist, I was guilty of the presumption that you describe—I hold up my hands. The media did and do take the issue very seriously—in fact, the legal advisers to the media effectively give the impression that, even if the words “legal right to anonymity” are wrong, the right to anonymity exists almost by convention. However, I see the need, since the advent of social media, to legislate for that. I see no argument against it.

Given that you are quite satisfied with the bill as drafted, did you have any input into the drafting of or advising in relation to that respect?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

That might be why Rape Crisis Scotland is of the view that anonymity should not continue after death.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

And a sheriff could say no.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

The measure is a significant change to the system. There are potential repercussions, as we have seen in other parts of the world. We have seen what can happen if such a measure goes too far, and that there can be a backlash in that respect. The bill seeks to avoid that.

Given that complainer anonymity is now part of a bill that includes many other huge and contentious changes—for example, the removal of the not proven verdict, the juryless rape trial pilot, and changes to the size and majority of a jury—and that those are getting all the attention, would it have benefited from being a separate piece of legislation?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

That is the point: complainer anonymity is not getting the attention that it should. It is when we start thinking and talking about it that a lot of stuff comes to the fore, and the committee has, understandably, spent much of its time talking about the other issues that I mentioned.

Andrew Tickell, do you think that complainer anonymity might have benefited from stand-alone scrutiny?

12:00  

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

You now accept the provisions. What was the nature of the conversation with the Scottish Government? Was the concern premature, or was more explanation provided by the Scottish Government?

09:15