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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 19 June 2025
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Displaying 1239 contributions

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Criminal Justice Committee

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

Meeting date: 24 January 2024

Pauline McNeill

However, it would apply in relation to the prosecution. The principle of the prosecutor prosecuting in the public interest and not acting on behalf of any victim is the reason why there is a question whether it is appropriate for a victim to discuss with the prosecutor the prosecution of the case and have an understanding of the case.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Pauline McNeill

Tony Lenehan, do you have anything to add?

Criminal Justice Committee

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

Meeting date: 24 January 2024

Pauline McNeill

Two weeks ago, I questioned the Lord Advocate and Lady Dorrian specifically on the inclusion of the indictment of murder in the remit of the specialist court. I find that extraordinary. I am not a practitioner, so it would be helpful if you could give a view on that. As a layperson, I think that murder is a plea of the Crown for a reason, even if there is a sexual element. The crucial element is that although, under the bill, murder could, of course, still be prosecuted in the High Court, a Lord Advocate could choose not to prosecute it in the High Court. I would appreciate it if you would comment on that.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Pauline McNeill

That is right.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Pauline McNeill

Does that mean that in the High Court a case would be prosecuted by an advocate depute, but in another court that could be done by either an advocate depute or a procurator fiscal depute?

Criminal Justice Committee

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

Meeting date: 24 January 2024

Pauline McNeill

It is on cause shown.

Criminal Justice Committee

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

Meeting date: 24 January 2024

Pauline McNeill

Just for completeness, section 46 allows the prosecutor or accused to say that they do not want to be heard in the specialist court and that they want to be heard in the High Court or the sheriff court. Given what you have said and the evidence that you have given the committee already, it sounds to me as though, whereas at the moment there are rules on where cases can be heard, under the bill there will be no rules at all. In fact, the provisions would mean that the prosecution and the defence would just work it out amongst themselves in which court the case is heard. If that is a concern, at least legislators should have the confidence to say with certainty what cases will be heard in which courts. However, if we pass the bill, it would be completely a matter for the court system to decide where cases are tried. Is that fair to say?

Criminal Justice Committee

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

Meeting date: 17 January 2024

Pauline McNeill

Thank you very much for bringing to our attention your point about the importance of transcripts—that is something else that I think that we will need to take on. I know that a pilot on the use of transcripts is running at the moment, which you should take credit for.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Pauline McNeill

I am very sympathetic to that point. I think that you have made a very good point from the perspective of survivors. I am just concerned about the volume of cases that would be transferred to the specialist court and how we would achieve that.

Criminal Justice Committee

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

Meeting date: 17 January 2024

Pauline McNeill

You might not be able to answer this question. Again, I do not fully understand why the Government, when it legislated, said that murder, if it had a sexual element, could be indicted in the specialist court. Had you asked for that? Had you made representations to the Government on that?