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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 22 July 2025
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Displaying 1838 contributions

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Criminal Justice Committee

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

Meeting date: 29 January 2025

Pauline McNeill

We are not given much indication of where evidence could be given from. Let us imagine a murder trial, in which a lot is at stake and a witness’s evidence could be crucial to the defence. In what conditions should a witness give such evidence? Would that be done in a designated space or could it be done in any old place?

Criminal Justice Committee

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

Meeting date: 29 January 2025

Pauline McNeill

I know: I have seen that.

Criminal Justice Committee

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

Meeting date: 29 January 2025

Pauline McNeill

Can I stop you? I know all that, but I am asking about something else. If the Lord Justice General, using the powers in the bill—because permission has to be granted—tells someone that they can give trial evidence remotely, is there a requirement for them to use those facilities? Do you see where I am coming from? Could someone say, “We’re not going to use those facilities,” and use others instead? People would have to take the oath and so on.

Criminal Justice Committee

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

Meeting date: 29 January 2025

Pauline McNeill

I now want to ask questions about the other power that the Lord Justice General can exercise, which covers whether other people can appear virtually. Just so that I have got this right, Malcolm, is it the case that the Lord Justice General will decide on that question for each individual court hearing, and it is not a blanket power?

Criminal Justice Committee

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

Meeting date: 29 January 2025

Pauline McNeill

I would like to get an answer, if that is all right. I need to be satisfied. I have seen the facilities and they are really impressive. Will you expect every witness who has been granted permission to give evidence virtually to use those facilities to give evidence? Do you see what I am saying? Is that a yes?

Criminal Justice Committee

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

Meeting date: 29 January 2025

Pauline McNeill

That makes sense. I am interested to hear which test will be applied to other witnesses at trials. I am sure that we all agree that, at the end of the day—and quite apart from all the technology that is involved—what matters is that there is fairness in criminal justice. I cannot find anything that tells me which criteria would be applied in the Lord Justice General’s decision making on an individual trial. Will guidance be issued on those?

Criminal Justice Committee

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

Meeting date: 29 January 2025

Pauline McNeill

That is fair enough. We will need to go back to them, then.

I was quite concerned about some of the evidence that was given to the committee last week. I can understand why people would want to give their evidence in the comfort of their own home, but there must be some limitations on all this modernisation. I do not see how you can control the environment if you extend the circumstances in which virtual proceedings are allowed.

Can you help me with that? As far as you are concerned, what requirements must be met for a witness to give their evidence virtually? Must it be given in a particular setting that you have prescribed? Should there be no one else in the room, as Sharon Dowey suggested? As far as I can see, the only way in which you could monitor that would be if the evidence had to be given in designated places. I would like to hear your view on that.

Criminal Justice Committee

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

Meeting date: 29 January 2025

Pauline McNeill

If that aspect has not been fully thought through, what needs to happen to make the arrangements robust?

Criminal Justice Committee

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

Meeting date: 29 January 2025

Pauline McNeill

I agree.

Criminal Justice Committee

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

Meeting date: 29 January 2025

Pauline McNeill

Is that intended for public officials?