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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 4 May 2021
  6. Current session: 13 May 2021 to 5 September 2025
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Displaying 987 contributions

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Criminal Justice Committee

Domestic Abuse, Gendered Violence and Sexual Offences (Priorities in Session 6)

Meeting date: 22 September 2021

Katy Clark

Professor Burman and Professor Chalmers may have looked at that issue or have a view on it. They may well think that we are going down the right path, but it would be interesting to explore whether there are elements of other systems that we have not looked at but should look at if we want to improve conviction rates.

Criminal Justice Committee

Domestic Abuse, Gendered Violence and Sexual Offences (Priorities in Session 6)

Meeting date: 22 September 2021

Katy Clark

I want to pick up on points that have already been made. Taking on board everything that has been said about the proposal potentially downgrading offences and the comments about it being considered as an inferior court, and on the presumption that it would be part of the High Court, I want to know whether, if the system was one of a jury-free specialist court with a single judge or single judge with wing members, that would have an impact on how cases were marked and on whether they would be taken to court in the first instance. That is probably a question for the police and prosecution service.

We have already heard that there are problems in resourcing the taking of evidence on commission. Is that an issue? If changes were made so that there was more availability to take evidence on commission and the system had a single judge or a single judge with wing members, and if we put aside corroboration and treat it as a completely separate—although obviously very important—issue, would more cases come to court and, therefore, could more rape and attempted rape convictions be secured? That question is for Moira Price from the prosecution service; if Detective Chief Superintendent Faulds wants to come in, that would also be helpful.

Criminal Justice Committee

Domestic Abuse, Gendered Violence and Sexual Offences (Priorities in Session 6)

Meeting date: 22 September 2021

Katy Clark

Dr Marsha Scott, from your organisation’s experience, why do victims decide not to go down the path of taking issues to the police? You must have extensive experience of that.

Criminal Justice Committee

Victims’ Rights and Victim Support

Meeting date: 22 September 2021

Katy Clark

As you know, responsibility for compensating victims of crime and the criminal injuries compensation scheme was devolved to the Scottish Parliament a number of years ago, but the Scottish Government has continued with the Westminster scheme. Kate Wallace, what have been your experiences of it? How well does it work for victims?

Criminal Justice Committee

Victims’ Rights and Victim Support

Meeting date: 22 September 2021

Katy Clark

That was very helpful. I know that we are short of time, so if you want to share anything else in writing with the committee, it will be really appreciated.

Criminal Justice Committee

Domestic Abuse, Gendered Violence and Sexual Offences (Priorities in Session 6)

Meeting date: 22 September 2021

Katy Clark

We will be asking detailed questions about Lady Dorrian’s report and the idea of specialist domestic abuse courts later.

Marsha Scott said that she thought that Scotland was at the cutting edge. Do any of the witnesses have knowledge of other jurisdictions, either from their own practical experience or through academic research? The academics may be able to help us here. Scotland has an adversarial system, and some of the reforms that are being suggested might significantly improve conviction rates. It is clear that the system is not working at the moment. Other jurisdictions, such as France, have a more inquisitorial system that is all about finding out the truth.

Without getting into the issues of single judges or corroboration, which we will pick up when we discuss Lady Dorrian’s recommendations, do any of the witnesses have knowledge of other jurisdictions where they do things that we should learn from? It may be that some of the basic principles of how we do things in Scotland are not right for some types of cases. Are there any areas that we should be looking at but that are not covered in Lady Dorrian’s report? South Africa has specialist domestic abuse courts. Are we going down the right path?

Criminal Justice Committee

Domestic Abuse, Gendered Violence and Sexual Offences (Priorities in Session 6)

Meeting date: 22 September 2021

Katy Clark

Will Sandy Brindley come in on that? Presumably, you speak with many victims of rape who decide not to go to the police.

Criminal Justice Committee

Victims’ Rights and Victim Support

Meeting date: 22 September 2021

Katy Clark

Does Kate Wallace want to add anything to that?

Criminal Justice Committee

Covid (Justice Sector)

Meeting date: 8 September 2021

Katy Clark

I ask Ken Dalling whether he agrees that the virtual approach should be taken by agreement. There will be police witnesses where the evidence is relatively uncontroversial, and it could be agreed but, with other key witnesses where, as Tony Lenehan said, the evidence is critical and controversial, would it be right for that evidence to be taken remotely if the accused and their representatives did not agree? Is there a need for agreement on that, to give the right to a fair trial?

Criminal Justice Committee

Covid (Justice Sector)

Meeting date: 8 September 2021

Katy Clark

I have one final question, which is for the Scottish Fire and Rescue Service. Last year, there was a doubling of fire fatalities—