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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 October 2025
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Displaying 1174 contributions

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Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

The pilot of single-judge juryless rape trials is a core proposition. As you will know, it comes from the work of Lady Dorrian. The essence of the time-limited pilot is to examine matters in greater depth; to ascertain its effectiveness and how it is perceived by everybody involved; to enable the issues to be assessed in a practical rather than theoretical way; and to have informed debate. In that regard, it is an unrivalled opportunity to look at what, if anything, is next, bearing in mind the long-standing concerns in and around the prevalence of rape myths—in our society and in juries—and about conviction rates.

I assure the committee that I have had many discussions with people and organisations that are opposed to the pilot that Lady Dorrian proposed. My commitment, whether to bar associations or to the Faculty of Advocates, is to continue those discussions. I strongly refute any suggestion that anything in the pilot undermines the rights of the accused, given the role of written statements and the fact that single-judge trials are not a novel experience in our justice system as it stands; nonetheless, I remain more than open to dialogue on how the criteria are crafted and how the pilot will operate and be evaluated, in order to give as much assurance as possible to those who have concerns.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

Let me be clear: I am absolutely determined to do better for victims and witnesses, but I also deeply recognise, respect and would seek to uphold the rights of the accused.

There is no doubt that people need representation. Any pilot would need solicitors to represent clients. What I will not do, bearing in mind that we still have a long way to go with the bill, is to turn up the volume on the debate.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

No! I do not know where you got that impression. Sorry; forgive me—I was just—

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

My view, and the view of Government and of stakeholders—notwithstanding the various views of those on the working group—is that no accused and no victim decides which court they appear in or which procedure they appear under. It may be the case that, when setting the criteria for the type of offence—for example, criteria could be focused on the single complainer, single accused and single act such as acquaintance rape—someone might dispute whether their offence meets the category. There was certainly some discussion about that, but nobody gets—

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

No.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

We have still to make a decision as to whether the pilot—if we call it that—would take place in the sexual offences court or the High Court. Let me run through the pros and cons of both. If we want the pilot to look more at how the current system operates in the High Court, we could do that comparatively quickly in the implementation process. However, there are advantages to the pilot taking place in the sexual offences court, because, given the wide-ranging nature of the reforms in the bill, their sequencing is very important.

When the pilot is evaluated, we want it to be a clear evaluation of the added value—or otherwise—of the pilot, as opposed to findings being more related to other reforms. Therefore, the phasing and sequencing of the different reforms is particularly important. Again, no final decision has been made, but we could, for example, start with the jury reforms and the abolition of the not proven verdict. The introduction of lifelong anonymity is fairly straightforward, but the sexual offences court is a bigger undertaking. We would probably want to phase that in as the court recovery programme comes to an end. The establishment of a court would take approximately 18 months. If we run the pilot in the sexual offences court, to which there are advantages, we would introduce the pilot at that point.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

No, no.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

There clearly is confusion. I said to the convener that the evaluation would include outcomes—which, of course, would include the outcomes of trials.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

That information will be gathered. Information will be available in depth about the written statements. What I was refuting, Ms McNeill, was the suggestion that the only thing that would be looked at, in isolation, was conviction rates.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Angela Constance

The conviction rate is one of many criteria, but it is not the only thing that we are looking at.