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 66 contributions
Criminal Justice Committee [Draft]
Meeting date: 9 September 2026
Pauline McNeill
That is helpful. Lastly, I want to ask Tony Lenehan about the position of the Faculty of Advocates. Are there any issues with a shortage of advocates, or is the profession equipped for the number of cases that the system has expanded to cover? Is there anything that you want to tell us about that?
Criminal Justice Committee [Draft]
Meeting date: 9 September 2026
Pauline McNeill
I want to talk for a minute about reform. The criminal justice journey must be reformed end-to-end so that national justice organisations can operate a more coherent system. Malcolm Graham, I know what you have to say about this, which is that it is not just about getting more courts. Can you say in a bit more detail how you envisage reform and what it would look like to you? What needs to be done?
Criminal Justice Committee [Draft]
Meeting date: 9 September 2026
Pauline McNeill
I will interrupt you there. I am interested in the High Court. I know that we have done a lot of work on solemn cases. Does that mean that the preliminary trial arrangement, where evidence is supposed to be agreed or not agreed, is not working?
Criminal Justice Committee [Draft]
Meeting date: 9 September 2026
Pauline McNeill
Do you mean between the preliminary trial and the trial?
Criminal Justice Committee [Draft]
Meeting date: 9 September 2026
Pauline McNeill
I have two questions. Yesterday, a paper was sent to us by the Children and Young People’s Centre for Justice. It is all about the gaps in the law and the position of the United Nations Convention on the Rights of the Child—you might be familiar with it. The paper says that article 12 does not cover the child’s right to communicate during their case hearing, but includes their collective ability to communicate. It also says that there is currently no provision in place for independent advocacy for a child accused in the court system, despite a similar provision existing for a child appearing before a children’s hearing panel. Rhona Willder, can you explain why we arrived at that point?
Criminal Justice Committee [Draft]
Meeting date: 9 September 2026
Pauline McNeill
Does the Crown Office want to say anything about that?
Criminal Justice Committee [Draft]
Meeting date: 9 September 2026
Pauline McNeill
Is that one of the barriers to forensic evidence being available?
Criminal Justice Committee [Draft]
Meeting date: 9 September 2026
Pauline McNeill
So, we have legislated for that in relation to children’s panels, but not for the court system.
Criminal Justice Committee [Draft]
Meeting date: 9 September 2026
Pauline McNeill
Thank you, that is very helpful.
My other question is slightly different. The paper talks about the need to ensure that a child is not compelled to give testimony, to confess or to acknowledge guilt, and stresses that the term “compelled” should be interpreted broadly. The Parliament legislated to define a child as someone aged 18 or under. What are your views are in relation to those general provisions?
I represent the Glasgow region, and there is a concern in a lot of Glasgow communities about the fact that perpetrators who are defined as a child under the law—for instance, because they are 17—are committing pretty serious crimes but are not coming anywhere near court. I have a serious concern about applying that approach to someone who is accused of using a weapon or of another serious crime.
I know that children’s units deal with some of those cases, and that it is not a matter for you in particular. You might want to try to convince me that I am wrong to be concerned about that, but we are hearing concerns from communities across Scotland about how we have defined a child in relation to some of those offences. What is your view on that issue?
Criminal Justice Committee [Draft]
Meeting date: 9 September 2026
Pauline McNeill
Thank you. Debbie, you might have a slightly different view on this.