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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 2 July 2025
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Displaying 977 contributions

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Criminal Justice Committee

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

Meeting date: 13 December 2023

Katy Clark

Obviously, a lot of issues do not translate easily into the Scottish system, but are you aware of much work in England on jury majority? Are you aware of how common it is—in England or in other jurisdictions, as I note that Stuart Munro spoke about other jurisdictions and referred to statistics elsewhere—to get a unanimous decision when a unanimous decision is not required or to get a majority? Stuart Munro, would you like to come in?

Criminal Justice Committee

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

Meeting date: 13 December 2023

Katy Clark

So, you think that there will be statistics.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Katy Clark

We are not dealing with that at the moment. We may deal with it after Christmas.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Katy Clark

In this session, we are trying to focus on whether a change in the numbers would make a substantial difference. If we put in place a requirement for unanimity, for example, would that make much difference to conviction rates? We do not really have any evidence from this jurisdiction, as far as I understand.

Criminal Justice Committee

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

Meeting date: 13 December 2023

Katy Clark

I have a question about what was said in the previous evidence session. I think that both of you were in the public gallery for that session. It is to do with the Contempt of Court Act 1981 and the fact that we are relying on mock jury research because there is a view that it is not possible to carry out research with real jurors. Have you looked at that? Do you think that that is why there is no academic research on real jurors in Scotland? Do you have any information in that regard?

11:45  

Criminal Justice Committee

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

Meeting date: 13 December 2023

Katy Clark

I think that Stuart Munro also said that he was not convinced that it was not possible to carry out research and that there had been discussion about it in England. That is a UK-wide piece of legislation, and, because there was a lack of clarity, the UK Government in Westminster introduced legislation to enable research to take place. Is it clear that we cannot carry out research? Is that particular aspect—that narrow issue—something that you have given consideration to? It can be a yes or no answer.

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 7 December 2023

Katy Clark

Can you say any more about how that information will be used and how the person will be informed? What will be the processes in that respect? Will they be similar to what you have just outlined?

Social Justice and Social Security Committee

Scottish Employment Injuries Advisory Council Bill: Stage 1

Meeting date: 7 December 2023

Katy Clark

Indeed. I lodged a final bill proposal this morning, but that is for a different discussion.

The 2002 freedom of information legislation enables designation of more bodies. Do you envisage there being provision to extend the range of bodies that are covered, if experience requires it?

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 7 December 2023

Katy Clark

The regulations apply to

“a person with whom they”—

that is, Social Security Scotland—

“come into contact”.

Who, other than clients, would the organisation come into contact with? How would those people be informed about the use of their information?

Social Justice and Social Security Committee

Subordinate Legislation

Meeting date: 7 December 2023

Katy Clark

Thank you.