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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 4 May 2021
  6. Current session: 13 May 2021 to 28 November 2025
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Displaying 1112 contributions

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Criminal Justice Committee

Domestic Abuse, Gendered Violence and Sexual Offences (Priorities in Session 6)

Meeting date: 22 September 2021

Katy Clark

We will be asking detailed questions about Lady Dorrian’s report and the idea of specialist domestic abuse courts later.

Marsha Scott said that she thought that Scotland was at the cutting edge. Do any of the witnesses have knowledge of other jurisdictions, either from their own practical experience or through academic research? The academics may be able to help us here. Scotland has an adversarial system, and some of the reforms that are being suggested might significantly improve conviction rates. It is clear that the system is not working at the moment. Other jurisdictions, such as France, have a more inquisitorial system that is all about finding out the truth.

Without getting into the issues of single judges or corroboration, which we will pick up when we discuss Lady Dorrian’s recommendations, do any of the witnesses have knowledge of other jurisdictions where they do things that we should learn from? It may be that some of the basic principles of how we do things in Scotland are not right for some types of cases. Are there any areas that we should be looking at but that are not covered in Lady Dorrian’s report? South Africa has specialist domestic abuse courts. Are we going down the right path?

Criminal Justice Committee

Domestic Abuse, Gendered Violence and Sexual Offences (Priorities in Session 6)

Meeting date: 22 September 2021

Katy Clark

Will Sandy Brindley come in on that? Presumably, you speak with many victims of rape who decide not to go to the police.

Criminal Justice Committee

Victims’ Rights and Victim Support

Meeting date: 22 September 2021

Katy Clark

Does Kate Wallace want to add anything to that?

Criminal Justice Committee

Covid (Justice Sector)

Meeting date: 8 September 2021

Katy Clark

I ask Ken Dalling whether he agrees that the virtual approach should be taken by agreement. There will be police witnesses where the evidence is relatively uncontroversial, and it could be agreed but, with other key witnesses where, as Tony Lenehan said, the evidence is critical and controversial, would it be right for that evidence to be taken remotely if the accused and their representatives did not agree? Is there a need for agreement on that, to give the right to a fair trial?

Criminal Justice Committee

Covid (Justice Sector)

Meeting date: 8 September 2021

Katy Clark

I have one final question, which is for the Scottish Fire and Rescue Service. Last year, there was a doubling of fire fatalities—

Criminal Justice Committee

Covid (Justice Sector)

Meeting date: 8 September 2021

Katy Clark

I want to pick up on some of the points that were raised earlier about the emergency Covid regulations. In the programme for government, it is clear that we should expect legislation on custody and bail, and legislation to make some of the emergency Covid practices permanent. Pauline McNeill has already raised the issue of time limits, and we have heard powerful evidence about the experiences of witnesses. There has been success with using electronic documents and taking more evidence on commission, and it is suggested that that should be extended perhaps to have witness evidence taken remotely.

In Scotland, we have an adversarial rather than an inquisitorial system. Whether that is right or wrong, it is the system that we have. On the detail of what would in your opinion be acceptable and what would not be, to what extent do you think that those kinds of methods, particularly the hybrid model, should be used by the agreement of both parties? What detail should be in the legislation that you think it would be reasonable for this place to pass? What would that look like? Could you give us a bit more detail on that, because it is going to be a big issue?

Perhaps Tony Lenehan and Ken Dalling could come in on those questions. I am looking for the detail of what you think would work.

Criminal Justice Committee

Covid (Justice Sector)

Meeting date: 8 September 2021

Katy Clark

If there is not enough time, that is not a problem at all.

Criminal Justice Committee

Criminal Justice (Scottish Government Priorities)

Meeting date: 1 September 2021

Katy Clark

Thank you, convener.

As you said, cabinet secretary, we cannot expand everything. There are genuine reasons why, sometimes, the staff who could perform certain functions simply do not exist. What are the budgetary constraints over the coming period that could prevent your taking steps to reduce the huge backlog in cases? Have you quantified that, or do you have the funds that you need to get through the backlog as quickly as possible?

Criminal Justice Committee

Criminal Justice (Scottish Government Priorities)

Meeting date: 1 September 2021

Katy Clark

I think that we will come on to the matter of community justice later.

When the Covid restrictions were introduced, politicians across the UK and the political spectrum said that they were the most draconian restrictions that had ever been known. How will you guard against some people in the system trying to keep some of the practices that were brought in during Covid, given that there were good reasons for the way that we did things before Covid?

Criminal Justice Committee

Criminal Justice (Scottish Government Priorities)

Meeting date: 1 September 2021

Katy Clark

Of course, sometimes there are cash pressures on people to keep new ways of working.

On vaccination, both the Prison Officers Association Scotland and the Scottish Police Federation have expressed concerns that their members have not been given priority as key workers. That may be an issue both when it comes to the booster and for seasonal flu. Have you made a decision on that, and will you give those workers priority status? To do so could assist massively in the sector.