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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

In its submission, Victim Support Scotland said that it wants to know what action the commissioner might be able to take in respect of criminal justice agencies that are not doing their jobs properly—in essence, it is asking whether the commissioner will have teeth. Apparently, that is what victims are calling for.

Connected to that is the point about not being able to act in individual cases. Again, victims would like to see that power. Otherwise, what is the point—other than to generate reams of paperwork for people such as us to read? What can be done to give the commissioner teeth? I suppose that that question is for you, Kate Wallace, because it relates to your evidence.

Criminal Justice Committee

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

Meeting date: 4 October 2023

Russell Findlay

That is probably more related to part 3 of the bill.

Criminal Justice Committee

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

Meeting date: 4 October 2023

Russell Findlay

Okay. The next question is on the general disquiet in the Parliament about the number of commissioners in Scotland. There are seven commissioners, costing £16.5 million, with seven more potentially in the pipeline. The victims commissioner will cost up to £1 million. We have had evidence from various organisations that that risks creating an extra layer of bureaucracy and might clutter the landscape even further. Kenny Gibson, who is the convener of the Finance and Public Administration Committee, has talked of a sunset clause for commissioners generally. That would mean that, if a commissioner was deemed to have achieved their work, there would be a mechanism whereby the office could be disbanded.

Might that go some way towards meeting your concerns, Dr Scott?

Criminal Justice Committee

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

Meeting date: 4 October 2023

Russell Findlay

Could the sunset clause be brought in if the commissioner was not doing their job properly then?

Criminal Justice Committee

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

Meeting date: 27 September 2023

Russell Findlay

Convener, is it okay to open with a more general question about the bill followed by a specific question about part 4?

Criminal Justice Committee

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

Meeting date: 27 September 2023

Russell Findlay

Thank you. The next question is on part 6. There is a view that a jury comprising 15 random members of the public—or 12, if the bill goes through—is better at reaching a decision than a Scottish judge alone. Judges are predominantly late-middle-aged white males, who went the same handful of universities, were often privately educated and often live in the same affluent parts of Scotland, usually Edinburgh. It is not me saying that; that is the view of the judges. Do you agree that they are correct in their interpretation—that they would rather have jurors than rely on one of themselves?

Criminal Justice Committee

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

Meeting date: 27 September 2023

Russell Findlay

Did the research show that, once everything was taken into consideration, there would be no material change to conviction rates?

Criminal Justice Committee

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

Meeting date: 27 September 2023

Russell Findlay

Great; thank you.

Criminal Justice Committee

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

Meeting date: 27 September 2023

Russell Findlay

So, to recap, is it reasonable to say that there is no intent to change conviction rates by changing the legislation?

Criminal Justice Committee

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

Meeting date: 27 September 2023

Russell Findlay

Thank you very much.