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Displaying 1673 contributions
Criminal Justice Committee
Meeting date: 27 September 2023
Russell Findlay
I have two questions, the first of which relates to part 1 and the second of which relates to part 3.
The committee received evidence from Joe Duffy, who is the father of Amanda Duffy, who was murdered many years ago. He has campaigned tirelessly for use of the not proven verdict to be ended. In his submission, he made comments on the creation of a victims commissioner, to which he is opposed. He said:
“The creation of this post will create yet another level of unnecessary bureaucracy within the Criminal Justice Process.
There are limited funding and resources currently within criminal justice Scotland and we believe this appointment would adversely impact resources”.
He went on to say more along those lines. What would you say in response to him and others who share those concerns?
Criminal Justice Committee
Meeting date: 27 September 2023
Russell Findlay
Evidence that we heard suggested that, in situations where an individual was facing criminal proceedings of a domestic or sexual nature and, in tandem—as is often the case—was involved in civil cases relating to the custody of or access to children, you could overcome those competing factors and what is often a further traumatising process by having one sheriff deal with both sets of proceedings, civil and criminal.
Criminal Justice Committee
Meeting date: 27 September 2023
Russell Findlay
I am not saying that they are designed to do that—it is not about the intent; it is about whether the research shows that that is a likely consequence. That is not clear.
Criminal Justice Committee
Meeting date: 27 September 2023
Russell Findlay
Part 3 is on special measures in civil cases. The committee has heard evidence of cases in which male abusers have used the civil courts in tandem with criminal proceedings to inflict further harm and abuse on their victims. It was suggested to us by various victims groups that a single-sheriff model could be brought into force whereby, if criminal and civil cases were running in tandem, they could be heard by one sheriff, who would be across everything and would be aware of such harm and abuse going on. Was any consideration given to that form of reform? Might there be scope to introduce such reform in future, even in the bill?
Criminal Justice Committee
Meeting date: 27 September 2023
Russell Findlay
Thank you.
Criminal Justice Committee
Meeting date: 27 September 2023
Russell Findlay
That makes sense. I asked the question because some victims groups have said that the name suggested that victims were almost an add-on to the bill’s content, which is perhaps consistent with what has been said.
I move to my specific questions on part 4. Is removing the not proven verdict and reducing jury sizes expected to have any impact on conviction rates? What work has been done to assess that?
Criminal Justice Committee
Meeting date: 27 September 2023
Russell Findlay
I have a final quick question. Some lawyers have already said that they will boycott any juryless trial. What can you do to persuade them, or will you hope for the best once the bill is enacted?
Criminal Justice Committee
Meeting date: 27 September 2023
Russell Findlay
Given that this is the bill that will deal with court processes and victims in this parliamentary session, it provides an opportunity, and I would be happy to see whether there is a way to work on a possible amendment to bring that proposal in. Given the radical reforms that are being proposed, this might be a quite simple fix, with the court recognising those situations in which criminal cases come with associated civil cases. It does not sound particularly difficult to bring it into being.
Criminal Justice Committee
Meeting date: 27 September 2023
Russell Findlay
Thank you.
Cabinet secretary, when was the bill first named the Victims, Witnesses, and Justice Reform (Scotland) Bill? Was there an original name for it?
Criminal Justice Committee
Meeting date: 27 September 2023
Russell Findlay
My first question is on part 5 of the bill. The policy memorandum talks about staff training, improving case management, improving efficiency and reducing delays—all of which are noble aims—but victims might ask why doing any of that needs legislation. There is a risk that the bill might come across as a very expensive exercise in rebranding the courts. Could you explain that?