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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 11 May 2025
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Displaying 1264 contributions

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Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Ben Macpherson

I empathise with what has been said so far and the witnesses make compelling points. I want to return to some of the points that came up in answer to my colleagues’ questions, and to the points that the previous witnesses made about practicalities.

Do you have views on what facilities should be available for people to give evidence in? Where should those be? Does there have to be agreement with local authorities? For some people, giving evidence will need to be facilitated by the Crown, but do you see people giving evidence from their homes? Presumably not, from what you have said so far. It would be good for us to hear your thoughts on the practicalities, particularly given what we heard from the previous witnesses.

11:45  

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Ben Macpherson

So, in such a situation, although the use of a photo would be appropriate in proceedings, you would want the original to be kept available until the conclusion of the trial.

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Ben Macpherson

As the bill progresses, we could consider whether retention of the original thing, to use your phrase, should be a requirement until the conclusion of the trial process.

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Ben Macpherson

So the issue is about both the suitability and the establishment of appropriate suites, to use your word, whether in defence firm offices or in a public sector setting such as—to use Mr Munro’s example—local libraries. There needs to be clear agreement and understanding, and then facilitation and resourcing of those facilities.

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Ben Macpherson

And perhaps for some time thereafter, in case of an appeal.

Convener, do I have time to ask one more question?

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Ben Macpherson

Will you say that again, Mr Brown, as your microphone was off?

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Ben Macpherson

How much time do you need to work through the challenges?

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Ben Macpherson

I remind members of my entry in the register of members’ interests, which shows that I am registered on the roll of Scottish solicitors at the Law Society of Scotland.

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Ben Macpherson

On the general issues that we have been discussing, part 1 of the bill sets out two new provisions that aim to support digital innovation in the criminal justice system. The first of those concerns the use of digital productions in criminal proceedings. Would you like to say anything further about those provisions? For example, are there any issues that you have not already raised that need to be resolved to ensure that processes work fairly and efficiently?

Criminal Justice Committee [Draft]

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Ben Macpherson

Moving slightly off that topic, the bill does not seek to make permanent the temporary provisions that currently extend some time limits in solemn cases. Do you have any views on whether the system is on track to be able to cope with pre-Covid time limits by November this year, when the temporary provisions are due to expire?