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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 16 September 2025
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Displaying 991 contributions

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Criminal Justice Committee

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

Meeting date: 1 November 2023

Katy Clark

Is an adversarial system able to deliver on some of the principles that you are setting out?

Criminal Justice Committee

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

Meeting date: 1 November 2023

Katy Clark

You are saying that it is not just what happens in court, but what has happened all the way leading up to that.

Criminal Justice Committee

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

Meeting date: 1 November 2023

Katy Clark

I will try to be as brief as possible. I have two questions about trauma-informed training for key players in the courts.

My first question is to Laura Buchan and it relates to defence agents. I understand that, although trauma-informed training is available from organisations such as the Law Society of Scotland—and no doubt lots of other organisations, as well—it is not mandatory. A voluntary course is available as an option for continuous professional development. Would it be helpful if there was mandatory training for defence agents who appear in the criminal courts?

My second question is more to David Fraser and relates to judges, whether that is sheriffs or judges in the High Court. What quality of trauma-informed training is available to judges—whatever type of judge they are and whichever criminal court they are in? Does that need significant enhancement? Do more judges have a better understanding of trauma-informed practice than other people? How do we improve the overall standard? They must be the gatekeeper in the court. They are in charge of the court and are the only people who are able to insist on how courts are conducted.

Criminal Justice Committee

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

Meeting date: 1 November 2023

Katy Clark

That is a specialist court. We are not just talking about that today.

Criminal Justice Committee

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

Meeting date: 1 November 2023

Katy Clark

I am interested in the issue of cross-examination, and not just the Crown taking evidence from a witness. It is a major issue for the complainers and for witnesses. What issues arise from your work in relation to how the courts deal with that?

Criminal Justice Committee

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

Meeting date: 1 November 2023

Katy Clark

Yes, please.

Criminal Justice Committee

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

Meeting date: 1 November 2023

Katy Clark

We are short of time, and it is a question about defence agents. You have explained in great detail what your organisation does, but the other side of it is the defence agents. If you do not feel that you can respond or it is not politic for you to respond—

Criminal Justice Committee

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

Meeting date: 1 November 2023

Katy Clark

We are talking about all criminal cases. Would you look at that in the context of all criminal cases and your extensive experience?

Criminal Justice Committee

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

Meeting date: 1 November 2023

Katy Clark

Is there trauma-informed training now for all those who sit in judgment in criminal courts, whether that is a justice of the peace court or any other? Could you provide a brief answer on that?

Criminal Justice Committee

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

Meeting date: 1 November 2023

Katy Clark

I know that, yes, but we do not have them here and you might be the nearest person who has an understanding. [Laughter.]