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 16 June 2025
Select which types of business to include


Select level of detail in results

Displaying 1227 contributions

|

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

My next set of questions is about the specialist court. Your written evidence has been really helpful. If we get this right, it could be transformational.

You will be aware that the provisions in the bill do not mirror Lady Dorrian’s recommendations, in a number of ways. The sentencing powers of the specialist sexual offences court are the same as those for the High Court, but the specialist court is not the High Court. My personal view is that what we read in the bill is not what Lady Dorrian envisaged, because rights of audience will change, and there is the oddity—in my opinion—of the fact that if murder is the plea of the Crown and there is a sexual element, the case could be tried in the specialist court or in the High Court. There does not seem to me to be any real need for that. You have referred to that in your submission.

Do you think that the Government has thrown the baby out with the bath water? There seemed to be a consensus around the need for a specialist court to be a parallel court to the High Court, but what we are seeing in the draft legislation does not mirror that at all.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

I envisage that, as the trial progresses, the judge will have to determine which witnesses’ stories they believe or do not believe.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

Are those two things tied together?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

I understand.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

I have one final question. On the issue of a child who wants to share their story, which would mean going to court, can you give us any evidence as to what the court might consider?

If you are a publisher—a newspaper, for example—you might want to offer someone money in order for them to lift their anonymity. One might say, “Oh well, it’s up to the person if they want to do that”, but have they thought through all the consequences of sharing their story when the money looks good? Can you give us any evidence of what you think that the court would look at with regard to whether to allow anonymity to be waived in that case? Might they take what I have just described into consideration?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

I come to my final question. You are quite correct to ask whether there should be more primary legislation on juryless trials. That is a controversial issue, as we know from the evidence that we have taken, and it has split views among members of the judiciary.

Should clear parameters be set as to what is being assessed? Let us say that the pilot—which is what it is called in the bill—is run for a year. As you have said, the Government is quite clear that we are not assessing the conviction rate. To be honest, I am not clear about how the Government will assess the pilot at the end of it and determine whether it is good or bad. I know that you cannot answer that but, in your opinion, should the criteria for assessment be clearly set out?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

Sheriff Cubie, Lady Dorrian made a point to the committee about the tenure of temporary judges. As a layperson listening to that, I thought, “Temporary judges are temporary judges; they aren’t permanent judges.” There is a difference between temporary judges and judges who have sat for many years as permanent judges in the High Court. When you say that we perhaps need to look at the question of tenure, do you mean that there would be a fixed term so that the question of the independence of the judge and the appointment by the Lord President would not be compromised?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

That is helpful to know.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

Your evidence so far has been really helpful. Bear in mind that we have only been aware of the proposals since they were published. Russell Findlay is quite right to have said this, and you said it yourself, Dr Tickell: some things are not necessarily as straightforward as we first think. The issue of anonymity is a good example in that respect.

I will start with Seonaid Stevenson-McCabe. Under the proposals, what exactly are the differences between children and adults in relation to how anonymity is lifted?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

Right. I understand.