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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 14 May 2025
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Displaying 1673 contributions

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Criminal Justice Committee

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

Meeting date: 25 October 2023

Russell Findlay

I have two initial questions and perhaps, if we have time, I can ask a more general one towards the end. The first question relates to part 1, the victims commissioner, and it is about the evidence supplied by the Law Society in its written submission:

“Section 21(2) obliges criminal justice agencies to comply with a request ... to co-operate with the Commissioner in any way considered necessary for the purposes of the Commissioner’s functions.”

However, the society goes on to say:

“there is no enforcement mechanism provided in the event of non-compliance.”

It might well be that there is no likelihood of non-compliance by criminal justice agencies, but we have already heard evidence from some contributors to the committee that the commissioner could lack teeth. From the Law Society’s point of view, what could be done to fix that and ensure that co-operation is guaranteed and that there is some mechanism to ensure that?

Criminal Justice Committee

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

Meeting date: 25 October 2023

Russell Findlay

It would be a sensible amendment to include, presumably, on the basis that it might happen.

Criminal Justice Committee

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

Meeting date: 25 October 2023

Russell Findlay

I am sorry. I did not realise the process.

Criminal Justice Committee

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

Meeting date: 25 October 2023

Russell Findlay

I will come back to that question.

Criminal Justice Committee

Forensic Pathology Services

Meeting date: 25 October 2023

Russell Findlay

Laura Paton’s report is shocking. The overarching tone is one of complete and utter frustration. She says that everybody knows where the problems are. This is a significant cost to the public purse. She even talks about not wanting to conduct another review because doing so will cost more money, will take more time and will reach the same conclusions on issues that are already known to be the problem.

I agree with John Swinney. I presume that impetus from us would be helpful, but I am not entirely sure what that would look like in practice, given that we appear to know what the problems are, yet the agencies responsible do not appear able to find a way to deal with them.

12:00  

Criminal Justice Committee

Access to Court Transcripts

Meeting date: 25 October 2023

Russell Findlay

There are two issues. The letter from Angela Constance talks about an application form being developed. I wonder what that might look like. It should not be a barrier or a hurdle. It should be user friendly. It should also be—to use the buzzword—trauma informed. How can we ensure that the application form will not present a difficulty for those who seek access to court transcripts?

In addition, the letter talks about establishing why people want to access court transcripts. I do not see why that is an issue. Surely, in the interests of open justice and transparency, people should be entitled to do it for whatever reason they see fit. However, that is more of an observation.

Criminal Justice Committee

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

Meeting date: 25 October 2023

Russell Findlay

On part 2 and trauma-informed practices, we hear repeatedly about the difficulties that victims or complainers, depending on your preferred terminology, experience when they are going through the criminal justice process. They often talk about the same issues of lack of communication, delays, uncertainty, and all the difficulties that go with that. Is there really a need for legislation to bring trauma-informed practice into the criminal justice process? Why do we need legislation to do that? That question is open to anyone.

Criminal Justice Committee

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

Meeting date: 25 October 2023

Russell Findlay

You know my question now, but I will reframe it slightly in a more provocative way. Legislation is being brought forward to ensure trauma-informed practice and my question is this: is this legislation needed because the legal profession has failed to ensure trauma-informed practices in all the past years? I will open that up to anyone who cares to answer.

Criminal Justice Committee

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

Meeting date: 25 October 2023

Russell Findlay

Victims and witnesses tell us that repeated delays to their cases can cause additional trauma. Sometimes that happens when solicitors seek to postpone proceedings, usually at the instruction of their client. Some victims perceive that to be a deliberate tactic on the part of the accused. Will the bill go any way towards curtailing the worst examples of that?

Criminal Justice Committee

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

Meeting date: 4 October 2023

Russell Findlay

Do you want the provision to encompass those two other things that you have identified?