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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1232 contributions
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Katy Clark
You will know that we have created other stand-alone offences that are not used as often as we might have expected. There are reasons for that. Therefore, how an offence is framed and scoped is really important. Our second panel of witnesses might focus on those aspects, but I wonder whether any of you has a view on them. My point is that we could create a stand-alone offence, but it might not make the difference that you are expecting.
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Katy Clark
From our consideration of other issues, we know that just because certain behaviours might constitute criminal offences does not necessarily mean that they will be fully investigated or that they will lead to prosecutions or convictions. Are you satisfied that, in Scotland, whenever cases of the nature that you describe are raised with the justice authorities—the police, usually—serious attempts are made to prioritise them, to investigate and to bring charges where possible? We have heard about evidential problems in securing convictions, or even in getting cases as far as court. For example, there have been several legal developments in the type of evidence that is needed to secure a rape conviction, such as changes to the law on corroboration.
In that context, we might decide to keep the existing law, or we might create a new offence. In the latter event, the framing of such an offence would be important, so that people would know what evidence would be required to prove it. Have you thought about improvements in the law that you might seek, which could lead to prosecutions and convictions, whether that is within the range of current offences, including attempted murder, or a stand-alone offence? What would the charge for a stand-alone offence look like? What should the committee push for as regards the content of such an offence?
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Katy Clark
I echo Rona Mackay’s comments about how the campaigning work is cutting through.
If a political decision was taken to go ahead with creating a stand-alone offence, how should that be framed? Based on what has been said about defences and consent, should it be a strict liability offence? If so, how would that operate, given what has been said about rough sex? Would intent to cause harm, negligence or recklessness be factors? If there were a decision to go ahead, what advice can you give about how the offence could be framed, beyond any concerns that you have already expressed?
I would be interested in hearing your thoughts, Dr Forbes, although you might feel that you have already expressed those fully.
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Katy Clark
Of course.
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Katy Clark
That is okay.
12:15Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Katy Clark
If a political decision was taken to go down that path, do you suggest that there would have to be intent to cause harm or recklessness as to whether there would be harm?
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Katy Clark
I understand what you are saying—thank you. Do witnesses want to add any comments?
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
It must be something that you have given some consideration to, minister.
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
Do you envisage that that vagueness is likely to lead to litigation and that we will have case law about what “within a reasonable period” means?
Delegated Powers and Law Reform Committee
Meeting date: 20 May 2025
Katy Clark
It has been raised with us, which is why we are asking for a response. I appreciate that.