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Seòmar agus comataidhean

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 31 October 2025
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Displaying 1011 contributions

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Criminal Justice Committee [Draft]

Non-fatal Strangulation

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]

Non-fatal Strangulation

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]

Non-fatal Strangulation

Meeting date: 21 May 2025

Katy Clark

Of course.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Katy Clark

That is okay.

12:15  

Criminal Justice Committee [Draft]

Non-fatal Strangulation

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]

Non-fatal Strangulation

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

Leases (Automatic Continuation etc) (Scotland) Bill

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

Leases (Automatic Continuation etc) (Scotland) Bill

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

Leases (Automatic Continuation etc) (Scotland) Bill

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.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Katy Clark

You will have seen the representations that have been made to the committee, which vary, but there are calls for a review of the rules of the 1907 act. Are you looking at those representations? I appreciate your point that that act is broader than the issues that are in the scope of the bill, but are you looking at the wider issues that have been raised by a number of stakeholders—individuals and firms of solicitors—that have responded to the committee?