The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1673 contributions
Criminal Justice Committee
Meeting date: 11 January 2024
Russell Findlay
I do not doubt that.
Criminal Justice Committee
Meeting date: 10 January 2024
Russell Findlay
I also want to raise an issue about judge-only rape trials that we have not yet touched on. Judges would be required to provide written reasons for their decisions, which is unusual in the Scottish criminal courts. The Scottish Criminal Cases Review Commission has warned that that might generate a significant number of appeals and it said that the measure risks adding to victims’ distress. Again, that would be at odds with the bill’s trauma-informed intent. Does the Crown Office have a view on that?
Criminal Justice Committee
Meeting date: 10 January 2024
Russell Findlay
Thank you.
Criminal Justice Committee
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
Meeting date: 10 January 2024
Russell Findlay
So, in all likelihood, there will be an amendment from the Government.
Criminal Justice Committee
Meeting date: 10 January 2024
Russell Findlay
Hence the need for the written reasons.
Criminal Justice Committee
Meeting date: 10 January 2024
Russell Findlay
That makes sense. Thank you.
Criminal Justice Committee
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
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?
Criminal Justice Committee
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.