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Chamber and committees

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 4 May 2021
  6. Current session: 13 May 2021 to 17 January 2026
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Displaying 4572 contributions

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Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Thanks for that. I will go straight to Sandy Brindley with the same question and then come back in with a follow-up question.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

That is a really helpful and detailed response.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

I am conscious that we are perhaps revisiting what we discussed at stage 1, which I completely understand. I will bring in Sandy Brindley if she wants to comment on that.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Before we move on to part 6, some aspects of which we have touched on already, I have a question about double jeopardy. The Scottish Government is proposing that the double jeopardy rule would not apply to the types of crimes that would be prosecuted in a specialist sexual offences court. That would be a new provision on which the committee has not taken evidence. Do your organisations have a view on that?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

That is helpful. Do you wish to add anything to that, Kate?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

I remind members that I am asking for questions to remain on stage 2 amendments; I know that it is very easy to drift into other areas. Thank you.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Thank you for that.

I remind members—this may be of interest to our witnesses, too—that the Minister for Victims and Community Safety is coming to the committee to give an update on the progress on the review of the victim notification scheme. That will be helpful for members ahead of stage 2 of the bill.

I am conscious of the time, as we have a couple of other parts to cover. Part 2 relates to trauma-informed practice and part 3 is on special measures in civil cases. The Cabinet Secretary for Justice has provided one or two updates on those parts.

I will open up the questioning to members, if there is anything that they would like to raise around those two parts of the bill. I also ask our witnesses whether they would like to come back on anything in part 2 or part 3, in particular given that stage 2 is coming up. I will come to Sandy Brindley first, and then Kate Wallace.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Thank you for those helpful insights. I will come back to Stuart Munro as I might have misheard you towards the end of your evidence. I want to clarify that, with regard to this particular issue, the cabinet secretary’s letter says:

“After careful consideration, I believe that the most prudent approach, best able to maintain balance and confidence in our system, is to seek support for a model with two verdicts, fifteen jurors, and a two thirds majority requirement for conviction.”

I want to be clear about that. Perhaps I misheard what you said, Stuart.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

We are a wee bit over time. Thank you both for joining us today and for providing a really helpful update on your views on the proposed stage 2 amendments.

We will have a short suspension to allow for a change of witnesses.

11:20 Meeting suspended.  

11:27 On resuming—  

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Our next group of witnesses are representatives of the legal profession. I am pleased to say that we are joined by Simon Brown, president of the Scottish Solicitors Bar Association; Michael Meehan KC, from the Faculty of Advocates; and Stuart Munro, convener of the criminal law committee of the Law Society of Scotland. I thank you all for joining us.

I intend to allow around 75 minutes for this session. We will begin with part 4 of the bill, just to confuse you, and I will open with a general question on jury reform. You will know that the Scottish Government is now seeking support for a model for jury reform that would have two verdicts of guilty or not guilty, removing the not proven verdict; 15 jurors; and a two-thirds majority requirement for conviction. What are your views on the revised proposal in comparison with what was in the bill at stage 1? I will start with Stuart Munro.