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 1604 contributions
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
I wanted to ask about the jurors that you used in your studies. Had they sat on rape trials, or just trials in general?
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
That was really helpful.
I want to ask Professor Chalmers and Vanessa Munro about juryless trials and whether you have a view on how the Government can measure their effectiveness. That has given me some cause for concern. Whether you are for or against the idea, how would you ascertain how effective a single judge would be? What are you benchmarking it against, given that there are no other jurisdictions with single judges? Do you think that it is possible to measure that effectiveness, given that the Government has also said that the intention is not to increase or decrease convictions per se, but to give victims a different experience of the court system?
Vanessa Munro, since you are on screen, do you want to answer first?
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
I understand that, and it is a very important aspect of the proposal. However, on that point, you seem to be saying that, if we legislate for judge-only trials, it will be difficult to ascertain their effectiveness, because there is a question of what we would benchmark that against. Is that fair?
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
Forgive me if I have misunderstood, but in the case of the defence, presumably the accused would have access to their lawyer or solicitor and there would be engagement with the accused, so there would not be a requirement for any change.
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
However, it would apply in relation to the prosecution. The principle of the prosecutor prosecuting in the public interest and not acting on behalf of any victim is the reason why there is a question whether it is appropriate for a victim to discuss with the prosecutor the prosecution of the case and have an understanding of the case.
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
Tony Lenehan, do you have anything to add?
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
Two weeks ago, I questioned the Lord Advocate and Lady Dorrian specifically on the inclusion of the indictment of murder in the remit of the specialist court. I find that extraordinary. I am not a practitioner, so it would be helpful if you could give a view on that. As a layperson, I think that murder is a plea of the Crown for a reason, even if there is a sexual element. The crucial element is that although, under the bill, murder could, of course, still be prosecuted in the High Court, a Lord Advocate could choose not to prosecute it in the High Court. I would appreciate it if you would comment on that.
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
That is right.
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
Does that mean that in the High Court a case would be prosecuted by an advocate depute, but in another court that could be done by either an advocate depute or a procurator fiscal depute?
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
It is on cause shown.