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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: 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

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

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

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

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

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

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?

Criminal Justice Committee

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

Meeting date: 27 September 2023

Russell Findlay

Some of what you refer to is in part 6—for example, independent legal representation for victims when section 275 applications are made.

You talk about the need to define “trauma-informed practice”, but the legislation does not do that; it simply says that the Lord President will decide at a later date what those arrangements will be. Why can that not just be done by the Lord President or by the courts already, without legislation, since the legislation does not specify what it is?

Criminal Justice Committee

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

Meeting date: 27 September 2023

Russell Findlay

To understand the issue, I will put it in simple layman’s terms. Are you saying that the Scottish Government’s motivation was not to improve or change conviction rates, but that the study suggested that that was a likely consequence?

Criminal Justice Committee

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

Meeting date: 27 September 2023

Russell Findlay

I am still not entirely clear about whether the proposed changes are likely to change conviction rates.

Criminal Justice Committee

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

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

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

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

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

Meeting date: 27 September 2023

Russell Findlay

Thank you.