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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 16 October 2025
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Displaying 1327 contributions

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Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Pauline McNeill

I have a quick question for DCS Faulds. You talked about the specialist sexual offences liaison officers. Does every complainer get access to a specialist sexual offences liaison officer, or are they just here and there?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Pauline McNeill

That was really helpful.

I want to follow up my previous question with a question for either DCS Faulds or Deputy Chief Constable Graham about the potential use of recorded police interviews, which the committee has heard about. How might that be taken forward? I recall such a thing as a precognition statement being taken from all witnesses, but that does not seem to happen any more, and I was just wondering what a recorded police interview would actually be in that respect.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Pauline McNeill

You said in answer to Collette Stevenson that there were sexual offences liaison officers to take statements when it was more suitable for the victim. Does that happen in every rape case?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Pauline McNeill

Good morning, cabinet secretary. I am not going to draw you into a policy discussion about this issue, but I would like some clarity. As I understand it from the reports in The Times, what we are talking about here with regard to what Police Scotland has said is not a trans person per se but an accused person presenting as a woman for the purposes of the alleged crime. The issue is about Police Scotland seeming to protect that rather than someone who had previously identified as a woman. There needs to be clarity on that—although I will not draw you into that today.

The deputy chief constable said that the Scottish Government was going to provide clarity on that point, but I was not sure what he meant by that. Did he mean that you are having on-going discussions? I am just wanting an answer to that: are there on-going discussions, or was the deputy chief constable referring to the gender reform legislation or to something else? Could you tell the committee what he meant by that?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Pauline McNeill

I finish by asking the cabinet secretary to read the press release from Police Scotland after today’s meeting. It is in the Times article, and it makes an implication about anyone who presents as a woman. Perhaps the police did not mean to say that, but that might be something that you would want to discuss with them.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 8 December 2021

Pauline McNeill

How is that lawful? I studied law, and I was taught clearly that rape cases are a plea to the Crown and must be heard in the High Court. Is that just a convention?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 8 December 2021

Pauline McNeill

Are you saying that the specialist court is the High Court or not? We need to be clear about that. Either it is or it is not. If it is not, that means that it is not the senior court. You can disagree with me. I am saying that you cannot put rape cases in a specialist court—well, perhaps that is not the intention. There is obviously a difference between sexual offence cases, which are non-rape cases, and rape cases.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 8 December 2021

Pauline McNeill

I really welcome that. I would go so far as to say that, if that practice had continued in such cases, someone—I do not know who—should have been able to intervene and say no. It is so fundamentally oppressive to the victim for that to happen; I was quite shocked by it.

I want to ask about the specialist courts—this question may be for Danielle McLaughlin. Maybe I have not understood this correctly. Is there any reason why the specialist courts cannot be part of the High Court, or is that the intention? It is confusing. It has been suggested that the sentencing power should be 10 years. To my mind, that means that rape cases cannot be brought to a specialist court, because they must go to the High Court—unless you are going to tell me that I am wrong about that.

I support the idea, but I have some issues with a specialist court—I have to be honest about that. We have been here before, when there was a suggestion of grading crimes of rape. Obviously there would be concerns about any suggestion of downgrading if it looked as though such a case was going to a different court. I appreciate that I may not have understood exactly what is intended, but that is my line of questioning.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 8 December 2021

Pauline McNeill

Including rape?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 8 December 2021

Pauline McNeill

Do you see where I am coming from?