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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 5 May 2021
  6. Current session: 12 May 2021 to 17 June 2025
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Displaying 1239 contributions

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Criminal Justice Committee

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

Meeting date: 17 January 2024

Pauline McNeill

Thanks for that. This is my final question. The proposal to have a specialist court was mentioned earlier. Lady Dorrian recommended that such a court be part of the High Court, but that is not what is in the bill. I am not too clear in my mind what that court would be. It would have national jurisdiction, and we know that it would be trauma informed—there are a lot of important aspects to that—but it will not be part of the High Court. That means that it would not necessarily be the same lawyers, and sheriffs could sit as judges, but perhaps that does not matter. Those are the things that we as a committee must consider.

Sarah Ashby spoke strongly in relation to the importance of the High Court. Rape trials can be conducted only in the High Court, and some sexual offences go to the High Court or to the sheriff court, depending on the severity. If you have a view on that, that would be great to hear.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Pauline McNeill

Good morning, and thank you for giving us your time. I have heard some of your evidence before and some of it has really stuck with me. There are two issues in particular that I want to come back on.

What all of you—and other survivors—have said about not being able to tell your story about what happened to you, because of the court process, really resonates with me.

Ellie, you talked about advocate deputes prosecuting cases, and others have said the same. We will hear from someone on the next panel who had a more positive experience, when they had the chance to sit down with the advocate depute. I think that you also spoke about this issue, Hannah. I have heard so many times about the frustration of having to listen to the case being put when what you think is crucial to your case is not put before the court. Hannah, you talked about feeling that you needed to be thrown a lifeline because of that.

Aside from obvious failings in the system, the apparent reason for that is that the role of the prosecutor is to prosecute “in the public interest”. That term keeps the victim out of it. It strikes me that that is part of what needs to change. I have been really interested in advocacy and the right of victims to have an independent advocate, but I am now more interested in the right of the victim to have conversations before and during the trial with advocate deputes. That practice is not that common, but it does happen. Would each of you like to say how important you think that that would have been in your particular case? Ellie, would you like to answer first?

Criminal Justice Committee

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

Meeting date: 17 January 2024

Pauline McNeill

Thank you. Hannah?

Criminal Justice Committee

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

Meeting date: 17 January 2024

Pauline McNeill

There is a fine balance to be struck, because I imagine that an advocate depute would say that they were the best judge of what the best evidence was. I would accept that, but there are certainly cases that I have heard of in which the case would have been put better if the victim had been able to say, “You missed something really important.”

Criminal Justice Committee

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

Meeting date: 17 January 2024

Pauline McNeill

Rape Crisis Scotland makes reference to that in its submission. Is there a view about where you should be in the court once you have given your evidence, or do you just want to be able to see the on-going trial?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Pauline McNeill

In the interests of time, I would find it helpful if you would elaborate a bit further on what you have said are exceptional circumstances. Will you stick by that? The language is important. I understand that exceptional circumstances would be exceptional. I know that you cannot always guess what they might be, but I would be grateful if you would provide that information.

13:45  

I have a further question. Most parliamentarians in the Scottish Parliament have taken part in debates about violence against women, and we are agreed that men are the problem—male violence is the problem. When a transgender woman has committed a serious violent offence against a man, would that not suggest that they pose a risk to women? I wonder why you did not include that category, if you like. Does that make sense?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Pauline McNeill

So, a female officer could go to her line manager and say, “I am not happy to search that person,” and that would be okay.

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Pauline McNeill

What was the motive?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Pauline McNeill

What was the motive for reconsidering something as important as data protection around what is a very controversial public policy area?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Pauline McNeill

It would be helpful. I am just trying to understand, for completeness. As parliamentarians, we are trying to do our jobs and scrutinise this very important area of public policy. Whatever views we take on it, the change will deprive us of information that we used to have. It feels like a sword coming down, because yesterday we could get the information, but today we cannot. I would like to understand why.