The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1437 contributions
Criminal Justice Committee
Meeting date: 8 November 2023
Angela Constance
That is a good point. I will ask officials to answer that.
Criminal Justice Committee
Meeting date: 8 November 2023
Angela Constance
Fiscal fines have existed since the 1990s. These regulations, as we have heard from officials, are continuing the increase in the fines from £300 to £500. On the point about stand-alone legislation, the letter that I sent to the committee earlier this week already advises that the measures in the coronavirus regulations that we believe would improve the efficiency and resilience of the justice sector will be a matter of public consultation. There will be a public consultation on our proposition to make some of those measures permanent. Depending on the outcome of that public consultation, legislation will be required.
Criminal Justice Committee
Meeting date: 27 September 2023
Angela Constance
Notwithstanding the fact that some victims organisations take a different view on the value of a victims and witnesses commissioner, it appears to me from the responses to the consultation and the representations that we have received over a number of years that the biggest advocates for such a commissioner are victims themselves.
As for the costs, I have put them on the record, and people will scrutinise them and come to a view as to whether that money should be used to establish a victims and witnesses commissioner. Individual MSPs, parties or committees can do the same and, if they come to the view that the money would be better spent elsewhere, they will of course be free to say so. I have also outlined the investment that we continue to make in victims organisations.
Criminal Justice Committee
Meeting date: 27 September 2023
Angela Constance
The implementation of that legislation was interrupted by the pandemic and, in the meantime, we have introduced a bill that will put more extensive protections in place in the civil system. The legislation that you are referring to was pretty bespoke and was introduced to deal with certain family cases. The bill will deliver more; indeed, my focus is on delivering more with maximum impact.
Criminal Justice Committee
Meeting date: 27 September 2023
Angela Constance
Scotland is an outlier in having juries with 15 jurors and three verdicts. We are all rightly proud of our unique Scottish justice system, but it is important to stress that our system has always evolved and learned from others over the centuries and that no part of our justice system is exempt from examination or, indeed, change.
Criminal Justice Committee
Meeting date: 27 September 2023
Angela Constance
I think that that predates my time as Cabinet Secretary for Justice and Home Affairs. I do not know the answer to that question, and I do not know whether the officials can say whether there was another working title. In general, it is not uncommon for proposed legislation that is being worked on internally to have a holding name, which is changed. However, I do not know whether the bill had a different name.
Criminal Justice Committee
Meeting date: 27 September 2023
Angela Constance
The study suggested that, if one part of our verdict system was changed in isolation—if we moved from three to two verdicts—that would increase the prospect of convictions. The study demonstrated that it was imperative to reform the three aspects of our jury system in tandem, because they are all interrelated in one system.
Criminal Justice Committee
Meeting date: 27 September 2023
Angela Constance
The research showed that a balanced approach is needed. The purpose of the reforms is to maintain confidence in the justice system by improving the experience for complainers and ensuring that the system is transparent and easily understood by everybody, because we all have a shared interest in it. We must also ensure the system’s integrity and take a balanced approach that protects the rights of the accused.
Criminal Justice Committee
Meeting date: 27 September 2023
Angela Constance
Mr Swinney poses a logical question, which I will ask officials to comment on, too. I am not aware that the research threw up any such unintended consequences. I am also not aware, although I stand to be corrected, that any jurisdiction with a jury size of 12—we should bear it in mind that Scotland’s jury size of 15 is unusual—has significant issues of trials being abandoned because of problems with juries continuing. We will seek to double check that, but I am not aware of concerns.
Criminal Justice Committee
Meeting date: 27 September 2023
Angela Constance
The jury research held some factors still so that it could explore the impact of different majorities, different jury sizes and moving from three to two verdicts—for example, it looked at mock juries in the context of three verdicts or two verdicts.