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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 14 November 2025
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Displaying 4390 contributions

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Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

Thank you for that helpful and comprehensive answer.

One of the things that I have certainly grappled with a little bit is the practical application of a specialist court in a national context. You have helpfully set out a lot of the model’s benefits, if you like, but did the review consider the challenges with regard to its practical application?

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

Good morning, and welcome to the first meeting in 2024 of the Criminal Justice Committee. We have no apologies this morning and our first item of business is an evidence session on the work of the review into improving the management of sexual offences cases in Scotland.

We are pleased to be joined today by Lady Dorrian, Lord Justice Clerk and Senator of the College of Justice. I refer members to papers 1 to 3. Lady Dorrian chaired the review that produced a report on improving the management of sexual offences cases. It is fair to say that the ideas in her report underpin many of the provisions of the Victims, Witnesses, and Justice Reform (Scotland) Bill, on which the committee is currently taking stage 1 evidence. We are pleased that Lady Dorrian is joining us this morning to speak about her report. I intend to allow up to 75 minutes for this session.

I invite Lady Dorrian to make a short opening statement.

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

Thank you. I am sure that other members will have some follow-up questions on the court model.

I now open it up to questions from members. I call John Swinney, to be followed by Sharon Dowey.

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

Thank you, Lady Dorrian. That was a helpful opening overview of the backdrop to the review and the amount of work that has been done over a number of years. I am interested in what you said about trying to introduce new ways of thinking to transform procedures that are rooted in the Victorian era.

I will open with a general question about the second recommendation in the report, which relates to the establishment of a sexual offences court. It sets out a wide range of key features, including pre-recorded evidence, judicial case management and many others. I am interested in whether the review considered, from a practical perspective, whether similar benefits might be achieved through the implementation of specialism in existing court structures, in particular given that the number of sexual offences cases that are reported to the Crown Office is steadily increasing.

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

I am closely watching the time. I will come in with a couple of final questions.

In response to questions from Russell Findlay on the rape trial pilot, you used the phrase “evidence gathering” in relation to the purpose and objective of the pilot. I am interested in knowing whether the review considered the risk that the pilot could impact or influence the outcome of a case, just by virtue of the fact that a case was being heard as part of a pilot. Another issue is that an accused person who is convicted might have a right of appeal, again by virtue of the fact that their case was heard as part of a pilot. Did the review group consider those points?

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

I will squeeze in one final question very quickly.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 10 January 2024

Audrey Nicoll

Thank you, Lord Advocate.

To follow on from the final point that you made, on specialism across the court system, we asked Lady Dorrian about the option whereby benefits that are similar to those of a bespoke sexual offences court could be delivered through the existing court structure. Lady Dorrian set out her thinking on that and the findings of the review. What are your views on the notion of having a bespoke sexual offences court as opposed to an arrangement within the existing court structure?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 10 January 2024

Audrey Nicoll

Thank you. I do not know whether you would like to come in on that question, Danielle McLaughlin.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 10 January 2024

Audrey Nicoll

I will come in on that to provide a wee bit of clarification. We have quickly looked at the policy memorandum for the bill. Paragraph 282 says:

“For the avoidance of doubt, the decision as to whether any individual case, including those involving rape or murder, is to be prosecuted in the Sexual Offences Court, will be a decision for independent prosecutors acting on behalf of the Lord Advocate. The Bill permits, rather than requires”—

Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

Audrey Nicoll

We have quite a bit to get through and we are half an hour in already, so I ask for fairly succinct answers, Lady Dorrian.

I will bring in Sharon Dowey and then Rona Mackay.