Skip to main content

Language: English / Gàidhlig

Loading…

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.  

Filter your results Hide all filters

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 5 May 2021
  6. Current session: 12 May 2021 to 15 May 2025
Select which types of business to include


Select level of detail in results

Displaying 3930 contributions

|

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

We have a bit to get through, so I am keen to encourage succinct questions and answers—I should have asked for that earlier. I will bring in Pauline McNeill.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Thank you very much, cabinet secretary. That is appreciated.

We will move on to part 2 of the bill. I will begin by asking a question about the proposed definition of domestic abuse. You have helpfully outlined why you have settled on the definition that is set out in the bill. However, as you have acknowledged, we heard a range of views on the proposed definition, including that it is too broad and is out of line with Scotland’s current definition. One recent witness, Dr Emma Forbes, described it as borrowing

“too much from other jurisdictions when we should be setting our own path.”—[Official Report, Criminal Justice Committee, 29 January 2025; c 27.]

Could you add a little more detail on the thinking behind the range of situations that might be subject to a domestic homicide or suicide review?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

We have time for a couple of final questions. I will come in first with a question on existing systems of review and the potential for crossover and then I will bring in Fulton MacGregor.

The committee has received evidence that raised concerns about adding a new system, or a new layer, of reviews to an already complex review landscape. There were also suggestions that a bit more could be done in existing systems of review to incorporate or align with the bill’s proposals. Has any consideration been given to ensuring that the various review processes are aligned and that organisations will not be overwhelmed by their competing demands?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Thank you very much. As members have no further questions, I will draw our session to a close, and I thank the cabinet secretary and her team for their attendance.

We look forward to the cabinet secretary joining us again next week, when we will hear a wee bit more about her proposals for amendments to the Victims, Witnesses, and Justice Reform (Scotland) Bill at stage 2.

11:33 Meeting continued in private until 12:51.  

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Good morning, and welcome to the sixth meeting in 2025 of the Criminal Justice Committee. We have received no apologies. Katy Clark will be joining us shortly.

Our main item of business is to continue our stage 1 scrutiny of the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill. I am very pleased that we are joined by Angela Constance, the Cabinet Secretary for Justice and Home Affairs; Vallath Kavitha Krishnan, the bill team leader in the criminal justice reform unit; Vicky Carmichael, the team leader of the violence against women and girls justice unit; and Louise Miller, a solicitor in the Scottish Government legal directorate. Thank you very much for joining us.

I refer members to papers 1 and 2. I intend to allow up to 90 minutes for the session.

I invite the cabinet secretary to make some opening remarks.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

The final question will be asked by Fulton MacGregor.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Thank you very much. I am conscious of time, so I will move on to other members.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Thank you.

Cabinet secretary, before we get under way, I wonder whether I could take the liberty of beginning with a question that I hope you will not mind my asking. I appreciate that it might not sit entirely within the scope of the bill. You might recall that, last year, the Citizen Participation and Public Petitions Committee led a debate on a petition calling for the creation of a specific offence that would enable courts to hand down longer sentences when miscarriage has been caused by an act of domestic violence. In your contribution, you said that you believed that there should be a statutory aggravator for causing miscarriage through such violence. Given the consensual nature of that debate, and the points covered in it, will you now consider introducing such an aggravator? Are you willing to meet me to discuss its possible introduction at stage 2 of the bill process?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

That was reassuring and very clear. I call Rona Mackay and will then bring in Fulton MacGregor.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Audrey Nicoll

Thank you very much, cabinet secretary. I propose that, in order to protect appropriate time for questions on each part of the bill, members should ask questions on part 2 first, and then we will return to part 1. Do members agree to that?

Members indicated agreement.