Skip to main content
Loading…

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.  

Filter your results Hide all filters

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
Select which types of business to include


Select level of detail in results

Displaying 984 contributions

|

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Katy Clark

I think that you have already said that changing the not proven verdict could perhaps be linked to other changes in the system. If there were a decision to move to two verdicts, would other changes be essential and, if so, could you outline in more detail what they might be? For example, it has been suggested that there should be a change to jury majorities. Would that be a necessary condition? What other aspects of the justice system would we need to look at, as well as the verdicts, if this were being given live consideration?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

I have a further question about the court establishment. When you listen to victims of sexual offences, you hear that the physical process of going to court can be very traumatic. The cabinet secretary has already referred to the family of a murder victim having to sit in a court with the accused. Is it envisaged that the new specialist courts will have separate facilities? Would that have big resource implications? At the moment, we are developing facilities at Inverness for witnesses and so on. Will there be significant resource implications with the specialist courts and will they have separate facilities that will be designed in a different way? Alternatively, is it envisaged that they will operate within the current court estate? Are those issues going to have to be discussed?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

That is helpful, thank you. Finally and briefly, could I ask—

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

That would be helpful.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

Have any of the recommendations already been implemented? Is there any particular reason why there has been a delay in implementing recommendations that could already have been implemented?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

You said that I used examples from outside Scotland. I said that the Sarah Everard case, which, obviously, was a case down south, would erode women’s confidence in the police. However, there are many examples in Scotland. If you are suggesting that the problem exists elsewhere but not in Scotland, I want to draw you on that.

I am quite happy to put cases to you. A lot of the information that I have is from the media, and you will know about it better than I do. For example, the Channel 4 “Dispatches” documentary “Cops on Trial”, which was shown in October, reported that 166 police officers and special constables within Police Scotland had been accused of 245 counts of sexual misconduct. We can go through some of the Scottish examples.

I mentioned the Sarah Everard case because the saturation media coverage of that case and its details erodes women’s confidence in the police. Are you trying to suggest that the problems that might exist down south with domestic abuse, for example, are not a problem in Police Scotland? I would like to know whether you are trying to suggest that you are in a better position on those issues than the police down south are, for example.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

From what Mr Cowan has said, it is likely that the Crown would have criteria for referral of a rape or other sexual offence case to the High Court or the specialist court.

To go back to the issue of downgrading, the concern is that, if there is a cap of 10 years on sentencing in the specialist court, that makes it look like a lower court—similar to the sheriff court. The sheriff court has a range of disposals, and if a longer sentence is desired than is within its powers, the sentencing aspects are referred to the High Court. I understand that the thinking is that that is how the specialist court would operate. Even though a High Court judge was sitting in the specialist court, they would be able to impose a sentence of up to only 10 years and, if they thought that a sentence of more than 10 years might be appropriate, that would have to be referred to the High Court.

Will the kinds of issues that the governance group looks at include consideration of whether the specialist court is subject to that sentencing cap or has a full range of disposals? Is that still a live issue, cabinet secretary?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

That is helpful. My main question is: does DCC Graham believe that there is a cultural problem?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

I will be interested to hear from Mr Cowan. The High Court is, obviously, a higher court than the sheriff court. We would not want there to be an impression that the specialist court was a lesser court than the High Court. My understanding is that, depending on how the legislation is constructed, the specialist court would, in effect, be a specialist part of the High Court. Is that fair?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

The minister has already addressed some of what I was going to ask about. To what extent has it been possible to implement any of Lady Dorrian’s recommendations already? You have outlined the future timetable, but has there already been any implementation of the recommendations?