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.
Displaying 1945 contributions
Criminal Justice Committee
Meeting date: 29 January 2025
Katy Clark
Is it your understanding that, when the defence objects, it would normally be the case that evidence would be given in person, and that it would not be the default for evidence to be given virtually?
Criminal Justice Committee
Meeting date: 29 January 2025
Katy Clark
Yes, but we must look at what is in the bill and the black letter of the law. That is not clear in the bill, is it?
Criminal Justice Committee
Meeting date: 29 January 2025
Katy Clark
Thank you.
Criminal Justice Committee
Meeting date: 29 January 2025
Katy Clark
My questions, which are perhaps best directed at Laura Buchan or Emma Forbes, focus on the right to a fair trial and on ensuring that we prevent miscarriages of justice.
I believe that some of the early pilots required agreement from both sides for virtual attendance, but I do not believe that that is what is being proposed here. We know that a lot of professional evidence is disputed, and we know, too, that the courts have not always accepted police evidence. We really should have a system in which, for example, early pleas are encouraged and cases are fully prepared to enable that to happen. Moreover, if witnesses are expected to go through a trial to which there is a guilty outcome, the inconvenience to them of having to travel what are sometimes very considerable distances should be taken into account in sentencing. Do you see advantages in, say, police giving evidence in person to ensure that that evidence is tested? In what kinds of scenarios do you think that evidence should be given in person?
Criminal Justice Committee
Meeting date: 29 January 2025
Katy Clark
What test will be applied by the court when the defence objects?
Criminal Justice Committee
Meeting date: 29 January 2025
Katy Clark
I presume that the test that the court would apply would be whether it would be in the interests of justice for a witness to give evidence remotely or in court.
Criminal Justice Committee
Meeting date: 29 January 2025
Katy Clark
There is no further test. Are there no other criteria set out in the bill?
Meeting of the Parliament
Meeting date: 29 January 2025
Katy Clark
Given the specialist roles that many police officers now undertake, does the cabinet secretary agree that the most effective way of improving the visibility of the police in our communities and the service that our constituents receive is to increase police numbers?
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Katy Clark
Uprating of benefits and changes to the levels of fines are defined and narrow issues for the Parliament to consider, and they often relate to increases in the cost of living and people’s wages. However, it would have been possible to put a great deal more detail in the Fireworks and Pyrotechnic Articles (Scotland) Act 2022, for example, and in some criminal justice legislation, but the Scottish Government chose not to go down that path. That approach can make it difficult for the Criminal Justice Committee to ascertain exactly what the Government is proposing, so we have to consult and scrutinise on the basis of what we think the Government is likely to do.
Often, the Government does what we guess it will do and what we think is most likely. However, do you agree that the whole point of scrutiny is to scrutinise specific proposals and that currently, in many situations, such detail is not in primary legislation? In those situations, should there be scope for an enhanced scrutiny process for secondary legislation?
Delegated Powers and Law Reform Committee
Meeting date: 28 January 2025
Katy Clark
You are open to looking at that. That is great.