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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: 4 October 2023

Russell Findlay

I am sorry.

Criminal Justice Committee

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

Meeting date: 4 October 2023

Russell Findlay

That is fine. Thank you, convener. I have finished.

Criminal Justice Committee

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

Meeting date: 4 October 2023

Russell Findlay

Anyone else can come in if they want, but I am mindful of time.

Criminal Justice Committee

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

Meeting date: 4 October 2023

Russell Findlay

Yes, I will come in very quickly on the trauma-informed issue.

The written evidence from Children 1st talks about the limited number of agencies that will have to

“have regard to ... trauma-informed practice”.

The bill does not include in that the judiciary and the children’s hearings system, which is going to be expanded. Not only do you want that provision to be expanded to include them, but you want to change the wording “have regard”, in order to tighten or strengthen it in some way. Is that an easy fix for the legislation?

Criminal Justice Committee

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

Meeting date: 4 October 2023

Russell Findlay

Yes, one would have thought so. Thank you.

Criminal Justice Committee

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

Meeting date: 4 October 2023

Russell Findlay

The written evidence on that issue is overwhelmingly powerful and clear, but I will ask another question in a similar vein. We know that some abusers weaponise the justice system to continue their abuse by launching costly—emotionally and financially—and often spurious civil proceedings in tandem with criminal cases, and then use those parallel processes to seek delays to one another, which adds to the distress.

In its written submission, Rape Crisis says that civil courts should

“stop their processes being used as a means of abuse.”

There has been discussion about the proposal of a single sheriff dealing with cases where there are civil and criminal cases in tandem. The cabinet secretary, when we raised that with her last week, seemed reasonably receptive to the concept. I think that you agree with that model—we have heard that before. Could the bill be amended to make that happen, and if so, how? As Dr Scott has been most vocal on the issue, perhaps it is a question for her.

Criminal Justice Committee

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

Meeting date: 4 October 2023

Russell Findlay

Thank you. I am conscious of time, so I will stop there.

Criminal Justice Committee

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

Meeting date: 4 October 2023

Russell Findlay

We have a huge amount of ground to cover but, due to the time limits, I will just ask one question, which is specifically about floating trial diets for sexual offence cases. Rape Crisis Scotland’s evidence says that the bill needs to include a specific

“commitment to dispense with floating trial diets in rape and sexual offence cases”

as they cause uncertainty, distress, disruption and trauma; they are not trauma-informed practice. Victim Support Scotland, similarly, says that it is “strongly opposed” to those floating trial diets.

In his review of that practice, Lord Bonomy recommended that such diets should not happen in rape cases. That was 21 years ago. I find it inexplicable that they are still happening 21 years later. Given that the bill is a victims bill, will it lead to those trial diets ending? If not, can it be amended to make that happen? The question relates to both organisations’ evidence, so it is perhaps for Kate Wallace and Sandy Brindley.

Criminal Justice Committee

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

Meeting date: 4 October 2023

Russell Findlay

I note that that does not need to be part of the sexual offences proposals. It can and should just be done with an amendment to the bill.

Criminal Justice Committee

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

Meeting date: 4 October 2023

Russell Findlay

I have a general question. Children 1st’s written evidence states:

“We are extremely concerned that large amounts of important legislation and policies are being introduced without any clear mechanisms, intention, or resources to implement in full.”

Children 1st went on to say:

“Attention and energy needs to be directed towards getting legislation that has already been passed implemented to make the intended difference.”

You have touched on that already. Two specific acts were cited: the Children (Scotland) Act 2020, large parts of which are still not in force, and the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019, which would allow all children to give pre-recorded evidence. That is still only at the early stages of being phased in.

Do you have confidence that the bill, if passed, will be implemented in a timely manner, or is there a risk that it will join the others in the legislation limbo? If that is a risk, what can we do about it? Are there amendments that would make a practical difference?