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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 July 2025
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Displaying 984 contributions

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Criminal Justice Committee

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

Meeting date: 9 March 2022

Katy Clark

Would it not be more sensible to have a pilot with a significant tranche of cases being dealt with in that way and then to evaluate the outcome of that, rather than making a permanent shift to a position where virtual trials are a default, which would be a significant change in the Scottish legal system?

Criminal Justice Committee

Risk Assessment in the Justice System

Meeting date: 9 March 2022

Katy Clark

Concerns were first brought to people’s attention on 13 February, although I appreciate that the full extent of the problem might not have been apparent at that point. However, as yet, we have not got to the point at which cases are being looked at by those who deal with this work. Is that right?

Criminal Justice Committee

Risk Assessment in the Justice System

Meeting date: 9 March 2022

Katy Clark

I appreciate that somebody might be a dangerous individual but might not have been convicted of any serious offences. However, many of that cohort would have had convictions. Did you ask for that information?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 9 March 2022

Katy Clark

Thank you.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 9 March 2022

Katy Clark

What is the cabinet secretary’s understanding of how prisons differentiate between different types of prisoners? For example, during Covid, children in prison have been subject to the same measures to combat virus infection as adults have. How do the prisons balance those rights and look at individuals, particularly those who might be more vulnerable?

Criminal Justice Committee

Risk Assessment in the Justice System

Meeting date: 9 March 2022

Katy Clark

I want to pick up the point that was made about other systems. Have you been able to work out the profile of the cases that we are talking about, particularly some of the more serious offences? How many sexual offenders are involved, for example? Given the huge workload that is involved in reviewing the cases, how have you prioritised them? Have you been able to prioritise some of the cases that would cause the public most concern? Perhaps you can outline your approach in layperson’s language.

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

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?