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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 1 July 2025
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Displaying 1119 contributions

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Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

I understand that, but the Lord Advocate, Lady Dorrian and women’s organisations that deal with women victims of rape every day want this to happen. They have all said that there needs to be radical change. If you do not accept what is proposed, what proposals would you put forward for radical change, or indeed, for any change?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

In answer to my colleague Fulton MacGregor, you said that you could not understand why sexual crimes should be dealt with differently from other crimes, yet you have spoken at length about how difficult it is to get convictions in such cases and about the uniqueness of such crimes. What I am getting from you is that you do not want to see any change at all. Would that not be letting women down?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

I will go back to conviction rates. Your submission says:

“if the Scottish Government wishes to increase the convictions . . . we simply ask, what is the correct conviction rate?”

You quote someone called Tommy Ross KC, who said that

“the correct conviction rate is the number of cases that are proved beyond a reasonable doubt. I believe we are achieving that at present.”

Do you think that a 20 per cent conviction rate for single rape complainers is acceptable?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

Does that have anything to do with the legal profession wanting to carry on without any changes?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

Do you recognise that a judge would be specifically trained and trauma informed, and that therefore bias and the belief in rape myths would not be as great?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

As I understand the matter, that is the conviction rate.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

Will your members come up with any constructive alternative proposal?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

But you have said that you are not going to do that in this case.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Rona Mackay

If I understand you correctly, with regard to the not proven verdict, you are saying that, if we get the balance right with regard to jury size and majority, it would work. With regard to your point about retrials, would that not be an enormous burden on an already overcrowded court system?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Rona Mackay

Good morning. On the point about pre-recorded evidence, we have heard from some survivors that they would prefer to have a choice. Do you agree that they should have such a choice?