The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1601 contributions
Criminal Justice Committee
Meeting date: 22 September 2021
Pauline McNeill
First, I will ask Sandy Brindley to go back to where she left off, on the jury majority issue. I want to be clear in my own mind that you would be comfortable with a majority of one if we remove the not proven verdict. I note what you say about a fully unanimous jury verdict being rare; I think that in England, a two-thirds majority is required. Are you comfortable that a conviction for rape or attempted rape in the High Court could be achieved with a majority of one?
Criminal Justice Committee
Meeting date: 22 September 2021
Pauline McNeill
That is helpful—thank you.
My second question is to Ronnie Renucci of the Faculty of Advocates. There is quite a lot in your submission, but I will try to narrow it down. I note the faculty’s concerns about the setting up of specialist courts. In your evidence to the committee, you point out that the High Court is already a specialist court. You have concerns about the specific proposal, suggesting that it might downgrade the status or importance of the crime of rape. I wonder whether you wish to say something in response to that.
Criminal Justice Committee
Meeting date: 22 September 2021
Pauline McNeill
Staying with the general background, I have a question for Dr Marsha Scott. Everyone seems to be painting a bleak picture. I have been following the issue closely, and I have written to the Lord Advocate.
I note the statistics that Moira Price used. It seems to me that violence against women throughout the United Kingdom, and probably globally, is getting worse. Marsha Scott talked about how the underlying issue is the need for women’s inequality to be resolved. I have been reading in the press about teenage girls of 13 and 14—and some boys, but particularly girls—being bullied to provide nude photographs of themselves.
I am tying all of that together in my own mind. Violence against women by men seems to me to be worse than it was when I first became a politician, in 1999. I follow the international trends. It is a depressing picture.
Marsha Scott, do you agree with that?
Criminal Justice Committee
Meeting date: 22 September 2021
Pauline McNeill
I was going to come on to that, but I might as well ask you now, as you are on the screen. What is your view on the complete removal of juries from cases of rape or attempted rape?
Criminal Justice Committee
Meeting date: 22 September 2021
Pauline McNeill
I know that. I just want to know what your position is. If we remove the not proven verdict, there could be a majority of one, and you would not have any concerns about that.
Criminal Justice Committee
Meeting date: 15 September 2021
Pauline McNeill
I will make it quick. To be honest, I am not sure who is best placed to answer this, but I hope that the witnesses can help me.
We have heard a lot of important stuff, including from Ashley Cameron, about secure care, which probably needs to be reviewed and so on. I know that we are going to come on to discuss deaths in custody, but I want to highlight the case of William Lindsay—also known as William Brown—although I am sure that there are others. He was a 16-year-old who should have been referred to secure care and not to a prison—everyone involved in the case was clear about that. However, my understanding is that secure care was not available.
Has anything happened since that case? I know that there have been other cases to deal with—there seems to be a lack of secure care. I believe that we are only mandated to a maximum of 70 or 80 per cent, leaving the remainder for English placements. I do not understand why we have done that, so can anyone help me understand it? Does anyone have any answers as to whether we have actually acted since that case? To me, it is a death that could have been avoided.
Criminal Justice Committee
Meeting date: 15 September 2021
Pauline McNeill
I thank the minister for her thorough explanation. I do not have any questions, but it is worth noting that the minister specifically said that there will be no immunity in relation to road traffic offences, which was an issue that sprung to my mind.
Criminal Justice Committee
Meeting date: 15 September 2021
Pauline McNeill
So you have the money, but it takes three to four years to design and build a prison.
Criminal Justice Committee
Meeting date: 15 September 2021
Pauline McNeill
Good morning, everyone. My question concerns the conditions in which prisoners on remand and other prisoners are held in our prison estate. I am sure that I do not need to say it, but—for the record—we have among the highest numbers in Europe of prisoners on remand. Prisoners are on remand for an average of 18 months. Notwithstanding the pandemic, the figures are alarming.
I am interested to hear answers from quite a few members of the panel. Wendy Sinclair-Gieben, Dr Katrina Morrison from the Howard League, Phil Fairlie and Teresa Medhurst might like to answer the question. Is it time to consider specific rights, in particular for remand prisoners, but also for the prison population generally, in relation to being out of cells for a certain amount of time in a day? I am certainly keen that all prisoners have the right to fresh air. I realise that there are capacity issues and estate issues.
I record my admiration for the work that is done by prison officers and others who are involved in running our prison estate. The papers that have been provided dig deep into the intricacies of having a rising and ageing population, and all the other things. I am very conscious of that.
I am interested in moving forward and looking to the future to where we would ideally like to be. Is it time to have specific enforceable rights—even a charter of rights for prisoners—such that they would be allowed out of their cells once a day for a prescribed amount of time to get fresh air?
I suggest that we start with Wendy Sinclair-Gieben, who is the chief inspector of prisons.
Criminal Justice Committee
Meeting date: 15 September 2021
Pauline McNeill
Can you confirm that you referred to a figure of 80 per cent to 85 per cent?