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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

Subordinate Legislation

Meeting date: 11 January 2024

Russell Findlay

Yes.

Criminal Justice Committee

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

Meeting date: 10 January 2024

Russell Findlay

The proposed judge-only rape trials are, arguably, the most contentious part of the bill. The SCTS supports those. It supports the creation of a sexual offences court, the anonymity of victims, legal representation for victims and, indeed, judge-only rape trials. Given your role as almost a neutral party in many respects and given the opposition to judge-only rape trials in particular, has any consideration been given to the courts service being seen to be less supportive of a Government or establishment view on the need for all those radical measures?

Criminal Justice Committee

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

Meeting date: 10 January 2024

Russell Findlay

Lady Dorrian’s review recommended the creation of a specialist sexual offences court, and the Scottish Courts and Tribunals Service is supportive of that. I will pick up on some of the questions that Pauline McNeill put earlier. Your submission says that the inclusion of other crimes up to and including murder could add to much higher costs being borne by the court service. Given the unpredictability—we heard from Lady Dorrian today that she still believes that the crime of murder should not be tried in the new court—what is your position on that? Do you have any more information on what the costs might look like in that scenario?

Criminal Justice Committee

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

Meeting date: 10 January 2024

Russell Findlay

It is incredible to think that it was 1996—two years after you became a QC—that the first female Scottish judge was appointed, which is, of course, less than 30 years ago. It has perhaps taken women being in those positions to drive a lot of the change.

Criminal Justice Committee

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

Meeting date: 10 January 2024

Russell Findlay

The bill proposes anonymity for victims. The Crown Office’s submission to the committee makes what appears to be an important point about a potential oversight relating to the proposed anonymity measure. As drafted, it seems that anonymity might not apply in cases where the outcome is acquittal. That might result in victims being deterred from reporting crime, which is completely at odds with the intent of the bill and trauma-informed practice.

Since you made the submission to the committee, has the Scottish Government had any communication with the Crown about that?

Criminal Justice Committee

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

Meeting date: 10 January 2024

Russell Findlay

So, in all likelihood, there will be an amendment from the Government.

Criminal Justice Committee

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

Meeting date: 10 January 2024

Russell Findlay

Hence the need for the written reasons.

Criminal Justice Committee

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

Meeting date: 10 January 2024

Russell Findlay

That makes sense. Thank you.

Criminal Justice Committee

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

Meeting date: 10 January 2024

Russell Findlay

In which case, if there is the ability to impose the trauma-informed best practice of the sexual offences court on a High Court murder trial, does that not make you ask why we would bother with the great cost and effort of creating sexual offences courts in the first place?

Criminal Justice Committee

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

Meeting date: 10 January 2024

Russell Findlay

I raise that case because the Lord Advocate did so, and it seems pertinent to the potential fault line here. Is it your view that, even though murder is the primary charge, a case such as the one described would find itself in the sexual offences court?