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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 13 July 2025
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Displaying 1264 contributions

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Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Pauline McNeill

You referred to the mock trials. Was it that data that made you conclude that 12 was the number of jurors to go with?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Pauline McNeill

I was just trying to ascertain the Government’s position on why that is a fairer approach. It was a two-thirds majority before, and it is a two-thirds majority now. The Government received representations from the senators before it drafted the bill, but it has now changed it because, as you have said, it has to be fair for everyone. Presumably, that is your rationale. If you are saying that you are changing it because many people support such a change, that is surely not a rationale for doing so, because it does not really matter who supports what if you are trying to achieve fairness.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 26 February 2025

Pauline McNeill

We know who does not support it, but I just wanted to give you a chance to say who does.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

I will do my best, but the problem is that there is a lot of complexity in the bill. I want to try to understand what the Government is writing into the bill.

My question should be fairly succinct and is on the broad provisions to allow virtual attendance for any proceedings. The Lord Justice General has powers to say that someone can attend virtually. How is that process kicked off? My reading of the bill is that the court can overturn that, which I presume is on an individual case-by-case basis. What would prompt the Lord Justice General to make such a decision in a case that they are not directly involved in?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

Why is the subsection needed, then?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

The explanatory notes referred to a court “dealing with a case”. Up to what stage does that mean?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

Does that mean, then, that this subsection applies up to full committal?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

Beyond that, would the normal rules apply?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

Right. It is important to get that on the record, as you said, cabinet secretary. I am sure that you agree that there is a balance to be struck between the operational matters and a fair legal framework, in which the default position is physical appearance but virtual appearance is allowed when the case can be made for it.

On the specified locations, I have a similar line of questioning to Liam Kerr’s. Does the bill specify requirements in relation to setting? Does the appearance have to be from a specific approved place?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 19 February 2025

Pauline McNeill

My next questions are the same as those that I put to the Scottish Criminal Bar Association and relate to the subsections of the bill that deal with how far the approach can go after the first appearance. When I raised the issue with the association, its position was that, on the face of it, the bill will allow the court to go much further than a custody hearing.

I will tell you what my concerns are in that respect. If we take the bill as a whole—that is, the national jurisdiction elements, with sheriffs being able to sit anywhere, virtual attendance and that provision, which, as I understand it, means that the approach can go well beyond the first appearance—does it give the court system an awful lot of power to determine many things beyond the first appearance? I had thought that, in the way that it was presented, the bill would apply only to certain hearings, but the provision seems to allow things to go much further, if the court thinks fit. That gives me cause for concern.

I accept the cabinet secretary’s point about letting the Scottish Courts and Tribunals Service run the courts, but there are principles of fairness and established things such as jurisdiction, where people are tried and so on that could be overturned. First of all, though, can you tell me whether the bill does that?