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.
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Criminal Justice Committee
Meeting date: 10 January 2024
Audrey Nicoll
I will squeeze in one final question very quickly.
Criminal Justice Committee
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
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
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
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.
Criminal Justice Committee
Meeting date: 10 January 2024
Audrey Nicoll
Our next item of business is the continuation of our stage 1 evidence taking on the Victims, Witnesses, and Justice Reform (Scotland) Bill. Today, we start phase 3 of our scrutiny, focusing specifically on parts 5 and 6 of the bill, which cover the establishment of a new sexual offences court, anonymity for victims of sex offences, independent legal representation for complainers and the proposal for a pilot for judge-led trials in certain rape cases.
We are joined by the Rt Hon Dorothy Bain KC, the Lord Advocate, who I welcome to the meeting. I refer members to papers 1 to 3. I intend to allow around 75 minutes for this evidence session.
I have an opening question for the Lord Advocate. The Crown Office submission expressed support for the creation of a specialist sexual offences court but detailed some concerns about the practical application of such a court. What are your reasons for supporting the idea of a specialist court? Will you expand on some of the concerns that were raised?
Criminal Justice Committee
Meeting date: 10 January 2024
Audrey Nicoll
Sharon Dowey is indicating that she wants to ask a very short question.
Criminal Justice Committee
Meeting date: 10 January 2024
Audrey Nicoll
On that note, we will bring this part of the meeting to a close. I thank the Lord Advocate for joining us for what has been a very interesting and useful session.
There will be a short suspension to allow for a change of witnesses.
12:10 Meeting suspended.Criminal Justice Committee
Meeting date: 10 January 2024
Audrey Nicoll
Okay—I am now going to open it up to members. I call Pauline McNeill, to be followed by Sharon Dowey.
Criminal Justice Committee
Meeting date: 20 December 2023
Audrey Nicoll
Thank you for that comprehensive overview. We do not have time to follow up on that this morning but, for me, one of the issues is the ability of officers to transfer the care of a person elsewhere. Nine times out of 10, that will be to health and social care services. I am very interested in what level of engagement health and social care has participated in with Police Scotland, because I see that as being absolutely key, but I am sure that we will come back to that further down the line.
I will bring in a couple of members for some brief supplementary questions, after which I will have to bring the session to a close.