Skip to main content
Loading…

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.  

Criathragan Hide all filters

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 October 2025
Select which types of business to include


Select level of detail in results

Displaying 1174 contributions

|

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

I most certainly believe that we cannot walk away and ignore conviction rates. We need a system in which we can all have absolute confidence. The consistently and comparatively low conviction rates for particular sexual offences, particularly where the victim is a woman, should cause us all great concern and puts a dent in the confidence that we can have in the system.

12:15  

As I have said, there is no quick button that we can press or lever that we can pull here. Nobody here wants to interfere with the independence of the courts and the decision makers. However, we have legitimate grounds for inquiry in relation to the pilot. Other reforms in the bill are highly germane to giving confidence to the system and to giving victims and witnesses the confidence to come forward. However, in relation to the pilot, we have very legitimate grounds for further inquiry.

That is what the pilot is about—not ignoring low conviction rates but recognising that the cases in question are complex and are among the most sensitive and difficult in terms of their outcomes and their devastating lifelong impact primarily, but not exclusively, on women. There is a fundamental question about access to justice for women. Why would we not invest ourselves in further inquiry in that process, given that the case has been made for that further inquiry?

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

I have been to the Netherlands and to Germany. In Berlin, I had the opportunity of meeting victims’ lawyers, among other representatives of the judicial system. That was very informative.

What is currently proposed for independent legal representation has centred around the section 275 process. I am committed to its being implemented in a way that is a foundation for future potential change. Bearing in mind the committee’s correct focus on deliverability and implementation, my focus is first and foremost on what is proposed in the bill. However, I am conscious that Katy Clark and other MSPs are actively engaged on that issue.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

I am looking at it but, with respect, I want to—

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

With respect, I would strongly refute some of the views that have been expressed by the Faculty of Advocates. As Mr Findlay has acknowledged, we are removing a verdict that is not understood by jurors and we are seeking to make associated reforms that are clear, proportionate and balanced, and that have at their core fairness to the complainer and the accused.

On Mr Findlay’s more specific point, the existence of corroboration is one of the main reasons why I and the Government would not support going to near unanimity or unanimity. I understand your point that all the other comparable jurisdictions with a two-verdict system have 10 out of 12 or 12 out of 12, but we do not have hung trials in our system and we still have corroboration, notwithstanding the changes to corroboration as a result of the Lord Advocate’s recent reference.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

Is there anything to add from a more legal point of view?

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

It is on the table.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

Andrew Baird can keep me right on this, but my point was that, although there would be an opportunity for solicitors to deal with a broader range of cases, there would be no diminution in the representation that would be available to the accused in cases that currently go to the High Court.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

I was going to get to that point. I ask Lisa McCloy to address that.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

I was paraphrasing Lady Dorrian in relation to building a new court, new structures, new rules, new practices and a new philosophy. To, again, paraphrase Lady Dorrian, we are talking about a “‘clean sheet’ approach”.

The advantage of the national jurisdiction aspect is that the sexual offences court will be able to sit in nearly 40—that is, 39—court facilities around the country, so it will have a presence in localities that are nearer to local justice, whereas the High Court can currently appear in only 10 locations. I contend that, given where this court with national jurisdiction can appear, it is in line with trauma-informed practice.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

The concern is not only mine: it is a concern for a number of well-respected legal people and for victims and witnesses groups. Much of the bill, including the pilot, comes from that place of concern about the consistently lower conviction rates for offences such as rape and attempted rape.