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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 967 contributions

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Criminal Justice Committee

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

Meeting date: 17 January 2024

Rona Mackay

Jennifer, you said that you were worried about possible delays and backlogs in a specialist court, but we have heard that that would not be the case. Last week, I asked the Lord Advocate about floating trials, and she said that she does not want them to remain and thinks that a specialist court might alleviate that. That all sounds quite encouraging, but I think that the message that we are getting from you is that it has to be done right and you need to be reassured that it is not going to make matters worse.

I will make another comment, which is about a plus side of judge-only trials. We have had powerful evidence about rape myths that exist among some jury members. Judges are trained to know about that and, although there is never 100 per cent certainty in anything, we have been told that the probability is that the rape myth element would not be there so much in a judge-only trial. We have heard stories from survivors where there was clearly huge bias because of some of the evidence that the defence had led.

I do not really have a question to ask you; I just wanted to tell you that that is what we are hearing. We are aware of your concerns about the issue, which is why it is important that you have told us about those today.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Rona Mackay

That is common sense, is it not?

Criminal Justice Committee

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

Meeting date: 17 January 2024

Rona Mackay

I have one quick final question, on the specialist court. We heard some concerns about the perception of a downgrading of the seriousness of the offence. We all have that concern, and that is not what we want. It is about the perception.

One of the survivors came up with a simple suggestion regarding the name of the court, which I think would be effective: we could call it the specialist High Court. That is an easy fix. Do you agree with that idea? If we simply call it a specialist court, that suggests that it could specialise in anything.

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Rona Mackay

Okay—thank you.

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Rona Mackay

Good afternoon. I listened to Teresa Medhurst’s response to my colleague John Swinney and to her remarks to Sharon Dowey. The policy seems to be much more specific—it focuses on there being a risk-based approach for everyone, not just for transgender prisoners, who currently make up 0.3 per cent of the prison population.

Does the policy apply throughout the prison estate? How much autonomy will governors have to bend the rules, if you like? Are they accountable to you if they do so?

Criminal Justice Committee

Management of Transgender Prisoners

Meeting date: 11 January 2024

Rona Mackay

Given the low number of transgender prisoners, that should be quite easy to do.

Criminal Justice Committee

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

Meeting date: 10 January 2024

Rona Mackay

I just have a quick question. I am thinking back to the first evidence session that we had with you at the start of the parliamentary session. You said that radical reform would be needed to tackle men’s violence against women and girls, and I think that we are coming to that now—this could be the start of it.

You support a pilot of single-judge rape trials. Do you have any concerns about that?

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Rona Mackay

The report recommends that

“Consideration should be given to developing a time-limited pilot of … rape trials”

without juries. Could you expand on that? What level of support was there within the review group for a pilot of that nature?

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Rona Mackay

Do you know of any other jurisdictions where juryless trials are happening?

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Rona Mackay

Thank you.