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 4098 contributions
Criminal Justice Committee
Meeting date: 24 January 2024
Audrey Nicoll
Thank you—that is helpful. Katy Clark has a question about independent legal representation.
Criminal Justice Committee
Meeting date: 24 January 2024
Audrey Nicoll
Would Katy Clark like to come back in?
Criminal Justice Committee
Meeting date: 24 January 2024
Audrey Nicoll
Will you make your comments very brief? We are straying slightly, and other members want to come in.
Criminal Justice Committee
Meeting date: 24 January 2024
Audrey Nicoll
I will start to pull things together. I have a supplementary from John Swinney—it will have to be the briefest supplementary—and Katy Clark would still like to come back in. I ask the witnesses to bear with us.
Criminal Justice Committee
Meeting date: 24 January 2024
Audrey Nicoll
I will bring in Katy Clark, very quickly, if she would like to come in.
Criminal Justice Committee
Meeting date: 17 January 2024
Audrey Nicoll
We heard a lot today about the significant benefit of survivors being part of the case, how important it is for them to have choice and control and how that might impact on convictions. That has been interesting.
On the issue of floating trials, which Rona Mackay picked up earlier, I would like some clarification. When we had the Lord Advocate before the committee last week, she expressed a desire that the use of floating trials for sexual offences cases be looked at, with a view to them not being part of the process for such cases. That was interesting to hear. From your engagement with survivors, do you have any further views to share on the use of floating trials and how difficult that can be for them? I go back to Sandy Brindley on that.
Criminal Justice Committee
Meeting date: 17 January 2024
Audrey Nicoll
It is just after 10 minutes to 1, and we are looking to run the evidence session until just after 1. A couple of members still want to come in but, before I bring in Russell Findlay, I will interject and cover an issue that we have not picked up this morning, which is anonymity for victims.
Assuming that you are supportive of the provision on anonymity for victims, are there ways in which you would like to see the proposals in the bill changed or strengthened—for example, in relation to the offences covered or the duration of anonymity? The issue was covered to a greater or lesser degree in some of your written submissions, but I would like to pick it up in committee.
Criminal Justice Committee
Meeting date: 17 January 2024
Audrey Nicoll
That is helpful—thanks very much.
Criminal Justice Committee
Meeting date: 17 January 2024
Audrey Nicoll
We are coming up to our allocated time. I bring in our final member, Pauline McNeill, then give our panel members a chance to add anything else that they wish to.
Criminal Justice Committee
Meeting date: 17 January 2024
Audrey Nicoll
I will bring in Sharon Dowey in a moment, but I want to pick up on Sarah Ashby’s concern about judge-only trials. I was having a quick look through the submission from Rape Crisis Scotland, which has articulated things quite helpfully in respect of the scenario in which there is a judge only and no jury. It said:
“A written verdict could be a very positive development for complainers.”
In other words, if a case were to be heard by a judge only, they would have a responsibility to set out reasons for coming to the decision or the verdict that they came to. The submission goes on to say:
“A judge would be required to give reasons for a decision. Some survivors describe the lack of any explanation for a jury’s decision as distressing because it means they are never able to understand what happened.”
The written judgments from other cases seem to have added some weight to that.
Do you feel that such an approach might reassure survivors as to the merits of a judge-only trial? I am not putting words in your mouth; I am just interested in whether you feel that it might provide some reassurance.