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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 8 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: 24 January 2024

Russell Findlay

In addition, it was only in autumn last year that the new rules were brought in under which judges instruct jurors about rape myths, so we do not yet know what effect that has had.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Russell Findlay

It was about how the lack of similar research data in Scotland makes it very difficult for us to assess the proposals.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

I wonder whether that goes back to some of the evidence that you gave us previously about data.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

I have a question on part 6, if I have time, convener. [Interruption.] I will take that as a yes.

My question is about the invocation of section 275 in the 1995 act, and the requirement for independent legal representation in that situation, which is in the bill. Serious concerns have been raised by the Crown, the Scottish Courts and Tribunals Service, the judges and the Law Society of Scotland about that provision leading to additional churn and delay and further trauma for complainers. However, a new element has been raised today by some of the witnesses we heard from earlier, which is about cases in which character or sexual history information is introduced in effect by stealth by defence lawyers without making a section 275 application. How widespread might that be? Does the bill need to address that particular blind spot or loophole, or whatever you want to call it?

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

Thank you very much.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

That also applies to the section 275 process. The legislation seeks to ensure that a victim complainer would be able to get legal representation in the event of a section 275 application. In your case, however, the evidence was effectively introduced without the defence having sought that. I wonder whether that would leave you and others exposed, without representation. What do you think could be done about that?

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

Is that a shared view?

09:45  

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

I presume that, if you had had some form of legal representation, you would have been able to respond to that.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

Following on from that point, I would say that many things could be done without legislation. One of the central parts of the proposed legislation is to embed trauma-informed practice. I am not entirely sure exactly what that means. If it means treating people with dignity and respect, do we really need legislation to achieve that?

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

That goes back to Hannah Stakes’s point and her experience. A prosecutor and a defence lawyer were best of pals and very clubbable. In that scenario, in all likelihood, the judge may well have personal connections, too, and a similar background.