The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 4806 contributions
Criminal Justice Committee
Meeting date: 4 December 2024
Audrey Nicoll
Thank you.
Criminal Justice Committee
Meeting date: 4 December 2024
Audrey Nicoll
I will open up the discussion to other members who want to come in on part 4.
Criminal Justice Committee
Meeting date: 4 December 2024
Audrey Nicoll
Do either of the other witnesses want to come in on that?
Criminal Justice Committee
Meeting date: 4 December 2024
Audrey Nicoll
Thank you for that. I bring in Sandy Brindley.
Criminal Justice Committee
Meeting date: 4 December 2024
Audrey Nicoll
You have made some interesting points.
Criminal Justice Committee
Meeting date: 4 December 2024
Audrey Nicoll
That is fine.
Criminal Justice Committee
Meeting date: 4 December 2024
Audrey Nicoll
For clarity, I will read out the point that the Government made in its response:
“applying the new evidence exception as set out in the Double Jeopardy (Scotland) Act 2011 to cases that are prosecuted in the SOC - this will make it possible to reindict an accused in relation to the same crime that they had previously been acquitted of where new evidence comes to light which was not available at their original trial”.
Do you have a view on that?
Criminal Justice Committee
Meeting date: 4 December 2024
Audrey Nicoll
Ben Macpherson has a brief supplementary question, and then I will bring in Fulton MacGregor
Criminal Justice Committee
Meeting date: 4 December 2024
Audrey Nicoll
We have taken a lot of helpful evidence on the key parts of the bill that would be of particular relevance and interest to the witnesses.
I move on to part 6 of the bill, which contains a number of provisions. Specifically, it contains a proposal for a time-limited pilot of juryless trials. The witnesses will be aware that the cabinet secretary has indicated her intention not to proceed with that provision. However, she has set out in her letter that she is
“working on a range of legislative and non-legislative measures to explore and address the underlying issues the pilot was seeking to address.”
We have covered quite a bit of what that would look like in terms of proposed amendments that would, for example, allow research to be carried out into jury deliberations. We have spoken about that already this morning. Would our witnesses like to add anything else with regard to the update on the pilot, given that we have explored some of what the cabinet secretary has proposed in that respect?
Criminal Justice Committee
Meeting date: 4 December 2024
Audrey Nicoll
Thank you for that.
Some of the other provisions in part 6 specifically establish legislative protection around anonymity for victims of sexual offences, and there are provisions around independent legal representation for complainers in sexual offences cases where there is an application to use evidence relating to the sexual history or character of the complainer. We have touched on that a little, but if you would like to bring in anything specifically around anonymity for victims at this point, you are welcome to do so.