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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 30 October 2025
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Displaying 1227 contributions

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Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Sharon Dowey

You are saying that such a law would have a huge impact in increasing public awareness, but—

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Sharon Dowey

However, the one thing that we do not want is to decrease prosecutions.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Sharon Dowey

I have a question for Liliana Torres Jiménez. Unlike the other two submissions that we have mentioned, yours says:

“We have a neutral view on the creation of a standalone offence of NFS.”

However, further on, it says:

“the allocation of appropriate resources is critical to ensure the enforcement of new provisions.”

Will you tell us a bit more about that? Is that comment made in the same vein as those that say that it will be harder to prove such an offence, which means that you will need a lot more resources—not just on the legal side but on the police side—to get a prosecution?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Sharon Dowey

In this morning’s evidence, we have heard how serious non-fatal strangulation is. However, in the submissions from Police Scotland and COPFS, we see a lot of concerns about the possible detrimental impacts and unintended consequences of bringing in a stand-alone offence of NFS. If the Scottish Government decided not to introduce a stand-alone offence, are other options available that could ensure that the behaviour is adequately addressed by the criminal justice system? Police Scotland’s submission mentions it being as an aggravating factor. What are your thoughts on adding an aggravating factor for existing offences?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Sharon Dowey

You can answer first if you would like to.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Sharon Dowey

Given your concerns about bringing in a stand-alone offence, is there something else that we should be doing legislatively, or do you think that the current legislation is fit for purpose and that, as everybody else has mentioned, we just need to improve public awareness or look at the training on domestic abuse that is given to police? Is there anything else that we can do?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Sharon Dowey

Good morning. I, too, went to the round table on non-fatal strangulation. One question that I asked was: do we currently have legislation to prosecute it? The impression that I got from the answer was that we do, but it is not highlighted often enough. Do you think that the Scottish criminal justice system is able to adequately investigate and prosecute such behaviour under current laws? If not, what would be the benefits of creating a stand-alone offence?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Sharon Dowey

I am still trying to get to whether we would need a stand-alone offence. As Liam Kerr said, Scots law is already further ahead on this issue, and we have ways in which we can prosecute non-fatal strangulation. There are also concerns that the current laws could be diluted if we brought in a stand-alone offence. Would more education for the public and the police help, or do you still think that there definitely needs to be a stand-alone offence?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Sharon Dowey

Is there any other action that you think we should take?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Sharon Dowey

In their written evidence about the potential detrimental effects of introducing a stand-alone offence of NFS, Police Scotland and the COPFS raised concerns that it would be treated as an isolated incident rather than as part of a course of conduct under the Domestic Abuse (Scotland) Act 2018. What are your views on that? As I said before, they thought that it might dilute what is already in law.