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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

Management of Sexual Offences Cases

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

Management of Sexual Offences Cases

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

Management of Sexual Offences Cases

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

Management of Sexual Offences Cases

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

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

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

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

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

Management of Sexual Offences Cases

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

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

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

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Russell Findlay

Thank you.

Criminal Justice Committee

Management of Sexual Offences Cases

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.