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Displaying 1673 contributions
Criminal Justice Committee
Meeting date: 17 January 2024
Russell Findlay
Thank you very much.
Criminal Justice Committee
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
Meeting date: 17 January 2024
Russell Findlay
Is that a shared view?
09:45Criminal Justice Committee
Meeting date: 17 January 2024
Russell Findlay
I asked the previous panel whether they had views on having the option of a non-jury trial. Would that have made any difference to any of you?
Criminal Justice Committee
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
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.
Criminal Justice Committee
Meeting date: 17 January 2024
Russell Findlay
You would rather that there was a binary choice without the not proven verdict.
Criminal Justice Committee
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
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
Meeting date: 17 January 2024
Russell Findlay
Such as the Victim Support Scotland facilities that already exist.