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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: 17 January 2024

Russell Findlay

You would rather that there was a binary choice without the not proven verdict.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

I commend you all for waiving your anonymity, campaigning and coming here. Your testimony is so powerful and so helpful to our knowledge of what is really happening in the courts. There is a lot of ground to cover, but I start with a question that relates to your experience, Sarah. You have perhaps been an exception to the rule in that trauma-informed practice can happen and people can be treated properly with dignity and respect. Do any of you have views on whether legislation is required to achieve that, given all the various parties that are involved in the process?

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

I do not think that I have taken so many notes in any of these evidence sessions as I have done today and, given the finite time that we have, I am slightly overwhelmed in deciding which questions to go with, but I will focus on parts 5 and 6 of the bill.

My first question, on part 5, goes back to something that Sharon Dowey touched on earlier: the practicalities of what the proposed specialist sexual offences courts might look like. We have heard new evidence about the right for complainers to watch proceedings from a safe space of some sort. That sounds like a great idea but, given that that would be in the same building as the courtroom, there will not be anything bespoke brought into play, partly due to financial reasons. How might it be achieved?

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

Such as the Victim Support Scotland facilities that already exist.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

The other issue that I wish to discuss is to the use of pre-recorded evidence. That does happen now, but the new legislation will make it the default. Some new research by Professor Cheryl Thomas KC at University College London, which came out a few days ago, found that, across all crimes, the rate of conviction is 10 per cent lower when pre-recorded evidence is used. In respect of rape crimes, it is 20 per cent lower. That is not absolute, and it may not wholly apply, but I wonder whether that research, which I am sure that you are aware of, has surprised you in any way. Has it given you any cause to rethink the whole-hearted support for those arrangements in the bill? If not, what might be done to mitigate or fix that anticipated decrease in conviction rates? That might be one for Sandy Brindley to address.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

Presumably, the Crown and the courts have information about conviction rates where that approach has been used, both for crimes of a sexual nature and for crimes of a non-sexual nature. That is something that we should consider.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

With regard to single-judge and non-jury rape trials, I note that Rape Crisis Scotland’s submission talks about the conduct of “unsympathetic and unreceptive judges” towards rape victims and suggests that, even with training, they might hold biased views. In fact, a judge in a recent case misdirected a jury, resulting in a child rapist walking free and adding to the victim’s trauma—and that happened in much more enlightened times. I wonder whether the bill goes far enough in respect of the requirements on the judiciary to ensure that, especially with judge-only trials, judges get sufficient training.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

Do you favour a different approach?

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

I assume that you would rather get rid of the not proven verdict, on that basis.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Russell Findlay

Often, the Crown does not object to such applications, so the victim is left with no voice.

I think that you also support an extension of the proposed timescale in the bill, from 21 to 28 days.