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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 7 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

The bill creates a criminal offence for those who breach the new measure on anonymity. It struck me that one of the defences seems broad: that a person did not know that they were breaking the law. I do not think that that applies in many circumstances. Are you satisfied with that defence?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

Victim Support Scotland seeks to have the right of anonymity given to child homicide victims, which is similar territory. Do you have any views on that? Have you looked at that?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

I have a quick point for clarification. As the bill is drafted, someone under 18 could put their own experience on social media—they have that autonomy—and it could get 10 million or 20 million views. It could go viral, but if the BBC wanted to report it, it would have to go to court and get a sheriff to say that that was okay.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

Incuriosity is almost a defence.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Russell Findlay

In its warning, the College of Justice specifies section 29(2) of the Scotland Act 1998. Does that relate to trial by jury?

Criminal Justice Committee

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

Meeting date: 24 January 2024

Russell Findlay

Have any of you picked up any sense from the Scottish Government that, in the face of all the opposition that there has been, there might be some movement on that?

Criminal Justice Committee

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

Meeting date: 24 January 2024

Russell Findlay

Professor Thomas, do you want to come in on my original question? I went off at a slight tangent.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Russell Findlay

Your research also analysed and assessed every rape case in England and Wales between 2007 and 2021, which was thousands of cases. No such research has taken place in Scotland.

You have proposed two possible reasons for the apparent difference in outcomes in the two different jurisdictions, one being that Scottish jurors may be more biased, the other being that it is due to differences in the legal systems. However, because of the lack of similar research in Scotland, we cannot properly get to the bottom of that.

My question is for all the witnesses. Does the lack of research into the Scottish system make it difficult for the committee to assess whether the measures in the bill are required? Anyone can answer that.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Russell Findlay

I have a quick question about research. Professor Thomas has helpfully torpedoed another myth, which is that you cannot speak to real jurors. Are there any moves for that to happen in Scotland?

Criminal Justice Committee

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

Meeting date: 24 January 2024

Russell Findlay

You have helpfully answered one of my other questions, so I will come in with one more quick question.

In England and Wales, judges have been able to direct juries about rape myths since 2006; that is effectively compulsory. However, it is only since autumn 2023 that that has begun to happen as a matter of routine in Scottish courts. The legal fraternity says that the practice needs to be allowed to bed in and that an assessment of its impact needs to take place—I think that you essentially agree with that.

Can you give us your thoughts on that?