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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 14 May 2025
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Displaying 934 contributions

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Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 2 March 2022

Katy Clark

We have written to the Scottish Courts and Tribunals Service, asking for information about the extent to which virtual trials and other forms of criminal procedure have taken place during the pandemic. As you know, the bill proposes that, in summary cases—many thousands of cases every year—the default should be virtual. I appreciate that you will not have numbers, but, so that we can take an evidence-based approach in our decision making, will you indicate how many virtual cases you think have taken place or, anecdotally, what percentage of defence agents’ casework would have been virtual during the pandemic; whether you are aware of any evidence as to what happened during those cases, including outcomes—whether the verdict was guilty, not guilty or not proven; and what kind of charges and sentences were involved in those cases? I appreciate that you will not have researched those issues, but can you give us a feel for the level to which virtual trials have been taking place in summary cases—perhaps in different sheriffdoms—or in relation to specific types of charge?

I do not know whether Vicki Bell has anything to say on that. She said that she had not dealt with any such cases—which, in itself, is of great interest.

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 2 March 2022

Katy Clark

I ask Stuart Murray to come in on those issues.

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 2 March 2022

Katy Clark

It has been suggested by some defence agents that the balance between prosecution and defence has been impacted by virtual courts, with fewer people being acquitted. Are you aware of that having been said, or have you seen it in any way?

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 2 March 2022

Katy Clark

I take it from what you have said that you think that we need to review whether individuals who are currently on remand need to be where they are, or whether there are alternatives for them.

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 2 March 2022

Katy Clark

I understand.

Will Stuart Murray pick up on that issue? What alternatives can you suggest as to what we do in the here and now, given the crisis that we face?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 2 March 2022

Katy Clark

That would be useful. Will you explain what the PDSO is?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 2 March 2022

Katy Clark

What you are saying conflicts strongly with the representations that lawyers and their representatives have made to us. If you can provide us with that information, we will put it to those organisations. They are saying clearly that there have been massive cuts, and we only have to look at the hourly rates et cetera to see that that is indeed the case. However, we would be very grateful for any information that you are able to provide.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 2 March 2022

Katy Clark

Thank you.

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 2 March 2022

Katy Clark

If you think that there is a need for continued use of automatic time extensions, how long would it be legitimate for those to continue?

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 2 March 2022

Katy Clark

There should be a focus on people in custody prior to trial.