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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 14 September 2025
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Displaying 989 contributions

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Social Justice and Social Security Committee

Child Poverty (Scotland) Act 2017 (Post-legislative Scrutiny)

Meeting date: 5 December 2024

Katy Clark

Can you point to any particular policy areas that have been challenging?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Katy Clark

Yes. I was at that meeting.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Katy Clark

That suggests that the changes would not make a significant difference. However, we simply do not know because we do not, because of the Contempt of Court Act 1981, have evidence. Is that correct? We are being asked to proceed on the basis of a guess rather than on the basis of evidence.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Katy Clark

Yes, that is right.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Katy Clark

We covered all this at stage 1.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Katy Clark

Do you agree that the problem that parliamentarians have in this area is the lack of evidence? Due to the Contempt of Court Act 1981, we do not really have any jury research in Scotland—we do not know what the split in juries is. It might be that the changes to jury size and majority would make very little difference to conviction rates, or they could make a considerable difference in specific cases.

I do not necessarily expect you to know the answer to this question, but it would be really useful if you could provide any information. With regard to other jurisdictions, are you aware of any evidence on jury splits where there is a not guilty outcome? In cases in which a unanimous decision is required but the jury cannot reach that or a supermajority, there will be a split. It might be that the split is such that there is a majority in favour of conviction but that, because of the system, that does not lead to a conviction. I appreciate that this is not your day job and that you would not necessarily look at this, but have you been able to get information on jury splits when you have been considering the issue? I suspect that the information might not be available.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Katy Clark

That is the question, really—whether we should take the decision before we have more evidence.

Criminal Justice Committee

Pre-budget Scrutiny 2025-26

Meeting date: 13 November 2024

Katy Clark

In this budget scrutiny process, though, the budget is the major factor.

Criminal Justice Committee

Pre-budget Scrutiny 2025-26

Meeting date: 13 November 2024

Katy Clark

On the issue of footprint, there seems to be quite a difference between England and Scotland in relation to some of those areas. When I submitted freedom of information requests on, for example, the levels of compliance with electronic monitoring that had been ordered by the courts, the figures in Scotland showed 72.6 per cent compliance, which compares with 97.2 per cent in England. Those figures are for March 2022.

In relation to restriction of liberty orders, there seems to be a significant geographical spread, and it is the same with electronic monitoring. The lowest level of compliance was in Grampian, where the level of compliance with restriction of liberty orders and electronic monitoring was 71.8 per cent, which compares with 100 per cent in the High Court.

There are similar figures in relation to whether offenders are asked to undertake community service orders that have been ordered by the court. I know that you will be alert to that and I presume that there are budgetary implications. Can you say a bit more about that? There does not seem to be consistency in relation to some of the disposals that are ordered by the court being required of the offender. Is it to do with budgets and lack of resource? Is that now being dealt with by targeting resource to ensure that the orders that the courts give are complied with? Clearly, it is not the offender’s fault if they are not told that they have to have a tag—they have no control over that; that is a matter for Government. Can you say a bit more about that? Some of the statistics are quite alarming.

Criminal Justice Committee

Pre-budget Scrutiny 2025-26

Meeting date: 13 November 2024

Katy Clark

But you are the person who we would raise the issues with.