The Official Report is a written record of public meetings of the Parliament and committees.
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
Meeting date: 5 February 2025
Katy Clark
You have all made the case very strongly about the resource and financial pressures on the system, in local government and health and across the public sector. You have also made a powerful case in relation to duplication. It seems to me that the multilayered review system, as you describe it, exists in some cases—we perhaps need to deal with that—but there are other situations where that is not a feature. An example is the situation, as we understand it, in relation to Fiona Drouet’s daughter. I am involved in a case where, as far as I am aware, there is no review process. There are cases where there are no drugs issues, or no children are involved, or there is no social work involvement already. Is it fair to say that we need to look at those scenarios in different ways?
The committee’s role is to scrutinise what is in the bill. I appreciate and completely understand that you are not draftspeople, but are you saying that, in terms of the policy that we are trying to achieve, we perhaps need to ensure that those different scenarios are dealt with in different ways, in the bill and in the regulations that will come thereafter? Are you saying that you accept that there is a gap that needs to be addressed, but that there are other situations where there are already a range of review processes?
Criminal Justice Committee
Meeting date: 29 January 2025
Katy Clark
Is it your understanding that, when the defence objects, it would normally be the case that evidence would be given in person, and that it would not be the default for evidence to be given virtually?
Criminal Justice Committee
Meeting date: 29 January 2025
Katy Clark
Yes, but we must look at what is in the bill and the black letter of the law. That is not clear in the bill, is it?
Criminal Justice Committee
Meeting date: 29 January 2025
Katy Clark
Thank you.
Criminal Justice Committee
Meeting date: 29 January 2025
Katy Clark
My questions, which are perhaps best directed at Laura Buchan or Emma Forbes, focus on the right to a fair trial and on ensuring that we prevent miscarriages of justice.
I believe that some of the early pilots required agreement from both sides for virtual attendance, but I do not believe that that is what is being proposed here. We know that a lot of professional evidence is disputed, and we know, too, that the courts have not always accepted police evidence. We really should have a system in which, for example, early pleas are encouraged and cases are fully prepared to enable that to happen. Moreover, if witnesses are expected to go through a trial to which there is a guilty outcome, the inconvenience to them of having to travel what are sometimes very considerable distances should be taken into account in sentencing. Do you see advantages in, say, police giving evidence in person to ensure that that evidence is tested? In what kinds of scenarios do you think that evidence should be given in person?
Criminal Justice Committee
Meeting date: 29 January 2025
Katy Clark
What test will be applied by the court when the defence objects?
Criminal Justice Committee
Meeting date: 29 January 2025
Katy Clark
I presume that the test that the court would apply would be whether it would be in the interests of justice for a witness to give evidence remotely or in court.
Criminal Justice Committee
Meeting date: 29 January 2025
Katy Clark
There is no further test. Are there no other criteria set out in the bill?
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Katy Clark
Uprating of benefits and changes to the levels of fines are defined and narrow issues for the Parliament to consider, and they often relate to increases in the cost of living and people’s wages. However, it would have been possible to put a great deal more detail in the Fireworks and Pyrotechnic Articles (Scotland) Act 2022, for example, and in some criminal justice legislation, but the Scottish Government chose not to go down that path. That approach can make it difficult for the Criminal Justice Committee to ascertain exactly what the Government is proposing, so we have to consult and scrutinise on the basis of what we think the Government is likely to do.
Often, the Government does what we guess it will do and what we think is most likely. However, do you agree that the whole point of scrutiny is to scrutinise specific proposals and that currently, in many situations, such detail is not in primary legislation? In those situations, should there be scope for an enhanced scrutiny process for secondary legislation?
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Katy Clark
You are open to looking at that. That is great.