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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 13 October 2025
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Displaying 3681 contributions

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Criminal Justice Committee [Draft]

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

Thank you. I note the provisions in the bill that say that a case review panel could be instructed to carry out its review in conjunction with another form of review. That is reassuring.

I am conscious of time, so I will bring in Fulton MacGregor. We will then move on to part 1.

Criminal Justice Committee

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

Meeting date: 19 February 2025

Audrey Nicoll

I will now move us on to part 1. I will go first to Liam Kerr—once he is ready—and I will then 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

A couple of members still have questions, but I just want to ask about digital productions and the authentication of electronic copy documents. In relation to digital productions, some concerns have been expressed that the original physical item—the physical production—might be disposed of before the potential evidence benefits of retaining it have been fully explored. What work is being done on a retention and disposal policy? Given some of the evidence that we have heard, might there be scope to make the position clearer in the bill?

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

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.

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?