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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 2 May 2025
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Displaying 959 contributions

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Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Rona Mackay

Apologies, convener—I lost connectivity there.

I will come back on the second part of the question, and ask the Lord Advocate to expand on her comment that we need to be “properly informed” about judges. I would like to know what that means. In that context, would you support a register of judicial interests?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Rona Mackay

Lord Advocate, you said in a recent interview that

“Judge-led trials don’t impact on the right to a fair trial [but] we need to look at the suitability of a jury to prosecute a case.”

You added that

“We should be properly informed ... properly informed about judges.”

You will be aware that Professor Fiona Leverick’s research found “overwhelming evidence” that jurors hold “prejudicial and false beliefs”. In our private evidence sessions with victims, we heard that they felt that there was an element of that. They felt that juries might be prejudiced if the complainer had been drinking.

What is your opinion on that? What do you mean by the “suitability” of a jury? Does that suggest a need for media training—I am referring to specialist courts?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Rona Mackay

Would you support a register of judicial interests?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Rona Mackay

Thank you—that was helpful.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Rona Mackay

Thank you, convener. As you said, in evidence from survivors, we heard that they sometimes got the impression that juries had not fully understood the legal implications of what was going on—the legal process. We also heard that there was a perception of unconscious prejudice to do with, for example, the way a complainer was dressed or whether they had been drinking. Many victims’ groups support single judge trials, but opinion is split within the legal profession. What is your view on the issue? In what circumstances could single judge trials be used?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Rona Mackay

Good morning, cabinet secretary. I want to ask about an aspect of the specialist court, which, as you referred to, was one of Lady Dorrian’s recommendations. Last week, the Scottish Courts and Tribunals Service told us that it does not envisage any specialist training for jurors in that court. What is your view on that? Given the nature of the court and the need for trauma-informed practice, should there be such training and, if so, how could it be provided, practically?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Rona Mackay

Just to follow up my colleagues’ questions, I think that the process that you have described sounds very encouraging but, according to the evidence that we have heard, it is certainly not happening in this instance. We have heard that survivors are often asked to make statements while in a traumatised state and that officers did not make them aware of available support. In fact, one said that their statement was taken by a male SOLO; the process took hours during which they were not allowed to take a break or have a drink of water; and then they were immediately given a forensic examination. I found that pretty shocking. You do not need to be specially trained to know that such treatment is not very considerate.

The example that I have highlighted might be an extreme one, but when you hear of situations in which the guidance has not been followed, what action do you take? Moreover, what redress does the complainer have if they have such an experience? How do they make it known to you that the guidance has not been followed?

Perhaps DCC Graham can respond first, and then DCS Faulds.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Rona Mackay

Thank you.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Rona Mackay

Thank you—I understand that.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Rona Mackay

That was helpful. I do not know whether DCS Faulds wants to come in; she might have addressed the issue in her earlier response.