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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
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Criminal Justice Committee
Meeting date: 22 January 2025
Audrey Nicoll
The report will be published shortly.
Criminal Justice Committee
Meeting date: 22 January 2025
Audrey Nicoll
Our third item of business is consideration of a negative instrument. As members do not wish to make any recommendations in relation to the negative instrument, are we content with it?
Members indicated agreement.
Criminal Justice Committee
Meeting date: 22 January 2025
Audrey Nicoll
Do you want to come in with a supplementary question, Ben Macpherson, or not quite yet?
Criminal Justice Committee
Meeting date: 22 January 2025
Audrey Nicoll
I bring in Sharon Dowey for a very brief supplementary, and then I will bring in Liam Kerr for a final question.
Criminal Justice Committee
Meeting date: 22 January 2025
Audrey Nicoll
There is some helpful information in your submission on the extent to which some older people are still excluded from the digital space. It was helpful of you to set that scene.
I am interested in the experience of the pandemic. Do you have any comments on the impact of the pandemic on older people and on whether or not there was a kind of positive outcome in so far as it brought older people into the digital space, where they might not have been otherwise? I am interested in whether a little bit of that shift happened.
Criminal Justice Committee
Meeting date: 22 January 2025
Audrey Nicoll
Okay. I will bring in members.
Criminal Justice Committee
Meeting date: 22 January 2025
Audrey Nicoll
I will stick with part 1. Kate Wallace, I was interested in the comments in your submission about the proposals on digital productions. Rightly, you highlighted the issues that victims of sexual crime potentially have to face when it comes to personal effects such as clothing being taken possession of for forensic examination and production. I am interested in hearing a bit more about why you think that the provision is a positive step forward, if you like, with particular reference to sexual offences.
Criminal Justice Committee
Meeting date: 22 January 2025
Audrey Nicoll
The practical issues of timing and availability of solicitors and facilities were certainly highlighted in both Paul Smith’s and Simon Brown’s submissions.
I have a follow-up question for Stuart Munro. You made an interesting point in your written submission—it is just at the bottom of page 7 in our paper 3—about proposed new section 303K of the Criminal Procedure (Scotland) Act 1995, which indicates that the court must issue directions for appearing by electronic means. You said:
“We consider it essential that those directions contain measures that ensure that witnesses are not susceptible to any undue influence and the effective participation of the accused is guaranteed. For achieving this, an appropriate connection network and suitable electronic devices are critical.”
Do you want to add to that? It was an interesting point.
Criminal Justice Committee
Meeting date: 22 January 2025
Audrey Nicoll
Simon Brown, in response to Pauline McNeill, you said that the proposal was going for faster and, I think, more efficient justice rather than for quality—
Criminal Justice Committee
Meeting date: 22 January 2025
Audrey Nicoll
I have a couple of other questions, which are again for you, Kate. One proposal in part 2 is for reviews to be carried out in parallel with other proceedings, such as criminal proceedings. However, the Lord Advocate would have discretion to end a review in the spirit of preventing prejudice to other proceedings. What are your views on that provision? Is it an appropriate arrangement?