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: 10 January 2024
Russell Findlay
Good morning. I have a few questions, the first of which is about juryless trials. Your review group consists of all the key players in the Scottish justice system, but they could not reach a consensus on the issue, as you have told us. Given that that is perhaps the single most contentious part of the bill, I would be interested to know what your position on the matter is.
Criminal Justice Committee
Meeting date: 10 January 2024
Russell Findlay
Even if the bill is fixed and streamlined, surely the very nature of there being an additional voice in the court will potentially result in more delay.
Criminal Justice Committee
Meeting date: 10 January 2024
Russell Findlay
Did the review group foresee the reaction that has come from many in the legal profession? In asking this, I am perhaps straying into issues relating to the bill and what happens next, but if practitioners do not participate—as they have threatened—how could that then happen?
Criminal Justice Committee
Meeting date: 10 January 2024
Russell Findlay
Your review also recommends that complainers should have access to independent legal representation in the event of a section 275 application. However, concerns about how that would work have been raised by many, including the Crown Office and Procurator Fiscal Service, the Scottish Courts and Tribunals Service, the Law Society of Scotland and even your senior judicial colleagues. In their submission to the committee, the senators of the College of Justice say that the measure
“will create a considerable amount of extra work”
and
“considerable potential for delay and churn”.
The Crown Office and the SCTS also use the word “churn”, and the Law Society cites a risk of potential extra cost. Given those concerns, did the review group perhaps not give adequate consideration to the potential unforeseen consequences that are now being warned about?
Criminal Justice Committee
Meeting date: 10 January 2024
Russell Findlay
Four pages of the Crown’s submission to the committee related directly to the practicalities of dealing with section 275 issues and independent legal representation. In essence, would you say that you are supportive of the proposed changes, but that you take the view that the bill could potentially be amended or streamlined?
Criminal Justice Committee
Meeting date: 10 January 2024
Russell Findlay
It is a very quick question about the proposed sexual offences court. You said earlier in your evidence that you did not think that tinkering would be sufficient. However, the Faculty of Advocates submission to the committee is quite robust. It says that
“there is no single feature of the proposed court which could not be delivered rapidly”
through existing mechanisms. What are your views on that?
Criminal Justice Committee
Meeting date: 10 January 2024
Russell Findlay
The Lord Advocate referenced a particularly horrific case that took place just six months ago in Fife. It involved an individual who ultimately murdered his female partner, but the evidence that was led was a huge catalogue of violence and abuse against her and many other female partners. Would your position be that that sort of case should remain a High Court case rather than a sexual offences court case?
Criminal Justice Committee
Meeting date: 10 January 2024
Russell Findlay
I have a fairly general question to kick off with. Over the past few weeks and months, we have heard some very strongly opposing views in relation to the proposed legislation. The head of Rape Crisis Scotland told us that it is
“obvious to anyone—guilty men are regularly walking free.”—[Official Report, Criminal Justice Committee, 6 December 2023; c 9.]
The Faculty of Advocates, of which I assume you are a member, said that the system works “ostensibly”.
You have been very clear today about the need for radical and profound reform, and about legislation being the only way to achieve that. Do you think that the proposed legislation will achieve the reform that you believe is needed?
Criminal Justice Committee
Meeting date: 10 January 2024
Russell Findlay
In respect of the sexual offences court proposal, some people have already asked about who will be able to practise there and so on. One issue relates to the bill extending the court’s proposed remit to other crimes, including, for example, murder. The Scottish Courts and Tribunals Service says that that could result in much greater cost than is suggested in the financial memorandum. On the basis of your review, do you think that the sexual offences court should deal only with crimes of a sexual nature?
Criminal Justice Committee
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?