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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 10 May 2025
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Displaying 1673 contributions

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Criminal Justice Committee

Policing and Mental Health

Meeting date: 15 November 2023

Russell Findlay

Okay. That was fantastic. Thank you very much.

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

Thank you for that. In opening, you said that a commissioner would have the ability to hold agencies to account. The Law Society of Scotland has highlighted that the bill does not contain any enforcement mechanism in the event of any agencies failing to co-operate with the commissioner. In other words, the police and the Crown Office could, theoretically at least, ignore or not engage with the commissioner, and apparently there would be nothing that anyone could do about that. Will that gap in the bill be addressed by the Scottish Government?

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

Thank you.

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

Sorry.

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

I am putting to you what has been said in the written evidence, which, obviously, is available to the Government.

John Watt of the Parole Board has told us that we need

“a complete review of the system from the ground right up”—[Official Report, Criminal Justice Committee, 1 November 2023; c 29.]

and Chief Superintendent Derek Frew of Police Scotland told us that the trauma that is experienced by victims and their families through their experience of the justice system

“will not be fixed by what is in the bill”

because the bill will not

“solve the systemic issues.”—[Official Report, Criminal Justice Committee, 1 November 2023; c 35.]

Given the evidence of Mr Watt and Chief Superintendent Frew, would a ground-up review not have been a much more sensible starting point than this costly and cumbersome legislation?

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

When you were here seven weeks ago, I asked about the requirement for judges to be trauma-informed, but the bill says that it will be up to the Lord President to decide exactly what that will look like. If the bill is going to great time and effort to implement trauma-informed practice throughout the justice system, should it not be more specific about the judges? In the light of that point, which was raised seven weeks ago, is that provision being revisited, or are you happy with the bill as it is?

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

Is that training provided by the Judicial Institute for Scotland?

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

Okay. Thank you for that.

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

When you were here in September, cabinet secretary, I raised the issue of what some victims groups have described as “legal system abuse”. An example of that is when a domestic abuser uses connected civil and criminal cases to cause a further unnecessary delay. It was suggested that a single sheriff could deal with civil and criminal cases in tandem to help tackle that.

You said at the time that you saw the logic of that, that the Scottish Government would “take an interest” and that you would consider working on a possible way of amending the bill. It has only been seven weeks since then, but have you or your officials had any opportunity to explore that any further?

Criminal Justice Committee

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

Meeting date: 15 November 2023

Russell Findlay

To recap, the workshops that you mentioned are not specific to this legislation.