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 5 May 2021
  6. Current session: 12 May 2021 to 7 June 2025
Select which types of business to include


Select level of detail in results

Displaying 1213 contributions

|

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Pauline McNeill

We do not have any data to rely on to know whether a majority of 10 to five would achieve, as you have set out, fairness to victims and the accused. It is a bit of a shot in the dark.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Pauline McNeill

However, the same data would be used to determine whether 15 was fairer, too. Do you see where I am going with that?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

I will do my best, but the problem is that there is a lot of complexity in the bill. I want to try to understand what the Government is writing into the bill.

My question should be fairly succinct and is on the broad provisions to allow virtual attendance for any proceedings. The Lord Justice General has powers to say that someone can attend virtually. How is that process kicked off? My reading of the bill is that the court can overturn that, which I presume is on an individual case-by-case basis. What would prompt the Lord Justice General to make such a decision in a case that they are not directly involved in?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

Why is the subsection needed, then?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

The explanatory notes referred to a court “dealing with a case”. Up to what stage does that mean?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

Does that mean, then, that this subsection applies up to full committal?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

Beyond that, would the normal rules apply?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

Maybe I have misunderstood. The Lord Justice General can use the power for a class of hearings. I have followed this line of questioning previously and I did not get that answer, although it was not you I was asking. You are saying that the power is for a class of hearings. For example, the Lord Justice General could say that all sentencing hearings will be done virtually.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

In that case, does anyone want to explain what is meant by proposed new section 5B(7) in the Criminal Procedure (Scotland) Act 1995, as inserted by section 7 of the bill? The explanatory notes say:

“Subsection (7) means that a court which began dealing with a case at the petition stage can continue dealing with it”.

I previously put this question to the Crown. The notes go on to say:

“In practice, because jurisdiction under subsection (5) ends with an accused being fully committed for trial ... subsection (7) is likely to be relevant”.

When I put the question on that, I got the impression that people were asking, “Why do we even need that in the bill?”

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

But the notes about the subsection say that

“a court which began dealing with a case at the petition stage can continue dealing with it”.

Does that not refer to solemn cases, too?