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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 1169 contributions

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Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 24 January 2024

Sharon Dowey

My next question is for Professor Munro and Professor Chalmers. The Scottish Solicitors Bar Association has said that

“no amount of judicial training or legal direction can remove unconscious biases.”

Is a single judge not also susceptible to the same rape myths and unconscious biases? I ask Professor Munro first.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 24 January 2024

Sharon Dowey

I have a question on the pilot itself, which I will put first to Professor Chalmers. We have heard from various witnesses that such a pilot would need extensive debate and discussion. Are you at all concerned that the details of the pilot are not included in the bill and will be brought in through secondary legislation? Might that mean that we will not interrogate the proposal as much as we could if it was contained in the bill?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 24 January 2024

Sharon Dowey

Resource is probably the answer to my next question, too. In the Law Society of Scotland’s submission, you noted that the requirement that solicitors and advocates take an

“approved course on training on trauma-informed practice”

in order to represent clients in the new court would

“restrict the capacity of defence solicitors”,

considering the restraints that they are already under with legal aid. Again, do you think that the Scottish Government has to fund the defence properly before the reforms are passed?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 24 January 2024

Sharon Dowey

Good morning. My first question is for Professor Thomas. You said in your submission that the reason for juryless rape trials being considered in the bill is because of the low conviction rate in Scotland. Is it acceptable to remove juries for the sole reason of increasing the conviction rate?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 17 January 2024

Sharon Dowey

Does anyone else have any comments?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 17 January 2024

Sharon Dowey

Although it has been suggested that other parts of the court estate could be used, you would still want cases to have the prominence that comes from them being heard in the High Court.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 17 January 2024

Sharon Dowey

We heard from the previous panel about a lack of communication. We have heard about independent legal representation, too. Do you think that we should consider allowing more access to the advocate?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 17 January 2024

Sharon Dowey

Moving on, I note that the bill obliges all courts to roll out trauma-informed practice. What extra trauma-informed practice or training would you expect to see in a specialist court that you do not get in other courts already?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 17 January 2024

Sharon Dowey

Good morning. I agree with a lot of what you have just said. I am concerned that we spend too much time tying ourselves up in legislation when there might be small changes that we could make just now that would make a huge impact on survivors, one of which would probably be improving communication at courts. There are a lot of things that we could do just now, rather than having to wait until we get to the end of the process.

What is your vision of specialist courts? We have already heard that we will be using the existing court estate. How many existing buildings do you expect will be classed as having a specialist court within them, and how does that number compare with what is being used now? We can start with Sandy Brindley.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 17 January 2024

Sharon Dowey

I am afraid that that does not make things any clearer for me. [Laughter.]