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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 5 May 2021
  6. Current session: 12 May 2021 to 13 July 2025
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Displaying 1537 contributions

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Criminal Justice Committee [Draft]

Substance Misuse in Prisons

Meeting date: 28 May 2025

Katy Clark

Thank you.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Katy Clark

You will know that we have created other stand-alone offences that are not used as often as we might have expected. There are reasons for that. Therefore, how an offence is framed and scoped is really important. Our second panel of witnesses might focus on those aspects, but I wonder whether any of you has a view on them. My point is that we could create a stand-alone offence, but it might not make the difference that you are expecting.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Katy Clark

From our consideration of other issues, we know that just because certain behaviours might constitute criminal offences does not necessarily mean that they will be fully investigated or that they will lead to prosecutions or convictions. Are you satisfied that, in Scotland, whenever cases of the nature that you describe are raised with the justice authorities—the police, usually—serious attempts are made to prioritise them, to investigate and to bring charges where possible? We have heard about evidential problems in securing convictions, or even in getting cases as far as court. For example, there have been several legal developments in the type of evidence that is needed to secure a rape conviction, such as changes to the law on corroboration.

In that context, we might decide to keep the existing law, or we might create a new offence. In the latter event, the framing of such an offence would be important, so that people would know what evidence would be required to prove it. Have you thought about improvements in the law that you might seek, which could lead to prosecutions and convictions, whether that is within the range of current offences, including attempted murder, or a stand-alone offence? What would the charge for a stand-alone offence look like? What should the committee push for as regards the content of such an offence?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Katy Clark

I echo Rona Mackay’s comments about how the campaigning work is cutting through.

If a political decision was taken to go ahead with creating a stand-alone offence, how should that be framed? Based on what has been said about defences and consent, should it be a strict liability offence? If so, how would that operate, given what has been said about rough sex? Would intent to cause harm, negligence or recklessness be factors? If there were a decision to go ahead, what advice can you give about how the offence could be framed, beyond any concerns that you have already expressed?

I would be interested in hearing your thoughts, Dr Forbes, although you might feel that you have already expressed those fully.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Katy Clark

Of course.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Katy Clark

That is okay.

12:15  

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Katy Clark

If a political decision was taken to go down that path, do you suggest that there would have to be intent to cause harm or recklessness as to whether there would be harm?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Katy Clark

I understand what you are saying—thank you. Do witnesses want to add any comments?

Meeting of the Parliament [Draft]

Portfolio Question Time

Meeting date: 21 May 2025

Katy Clark

To ask the Scottish Government whether it will provide an update on what impact the national strategy for economic transformation is having on the economy of the West Scotland region. (S6O-04678)

Meeting of the Parliament [Draft]

Portfolio Question Time

Meeting date: 21 May 2025

Katy Clark

North Ayrshire has the lowest job density in Scotland. Does the minister believe that the Scottish Government is doing enough to prioritise North Ayrshire, given those poor job density levels? What more can be done to encourage investment and well-paid jobs in the area?