Skip to main content
Loading…

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.  

Filter your results Hide all filters

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 29 August 2025
Select which types of business to include


Select level of detail in results

Displaying 1839 contributions

|

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

You do not think that a good lawyer could drive a coach and horses through that last defence, because it is extremely broad.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

Lord Advocate, you are correct, in that we have heard evidence from witnesses whose reading of the bill is that it would somehow give powers that could cross over the independence of not just the Crown Office but other agencies. That is clearly not the case. You have addressed that issue, but do you agree that, should the bill be passed into law, the Government probably needs to do a bit more work to ensure that everybody understands the role of the victims commissioner in relation to that point?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

We have heard quite a bit of evidence, and I was really interested in the evidence of one witness who had a very positive experience in recent times. One strand of their good experience was that they had access to the advocate depute. That raises a question for me in relation to the bill. Would it take considerable resource to set up the commission? Can I guess that it will take about £20 million? John Swinney is in the room, so he can correct me if I am wrong.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

Okay, it is closer to £1 million, but that resource could perhaps be used elsewhere, which is a consideration for the committee.

Lord Advocate, if the Crown Office were to provide victims more access to advocate deputes so that victims have a better experience, would that require additional resource? Would it be fair to consider doing that instead of spending money on a victims commissioner?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

My question is about a specific point, Lord Advocate. You have given the committee a lot of food for thought about the implications of having a majority of seven to five rather than two thirds. You previously told the committee that you thought that the Crown should have a right—not an automatic right—to a retrial. Do you agree that there should be clear rules about that or transparency about what the grounds would be? I would have thought that, naturally, you would be pressurised by victims and their families to use that right in every case. Do you think that the Parliament should legislate for retrials?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

Good morning. Lord Matthews, I will start by asking about a point that you made in answer to my colleague about not putting the accused’s statement to the victim, because it always results in an answer of “No”. The committee has had a lot of exchanges about the culture and the way that some defence counsel question victims. Would you have to agree that with the defence’s solicitors in order not to have to put the statement to the victim? How would that operate?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

Some of those cases would have been tried in the sheriff court.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

That is very helpful.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

My next set of questions is about the specialist court. Your written evidence has been really helpful. If we get this right, it could be transformational.

You will be aware that the provisions in the bill do not mirror Lady Dorrian’s recommendations, in a number of ways. The sentencing powers of the specialist sexual offences court are the same as those for the High Court, but the specialist court is not the High Court. My personal view is that what we read in the bill is not what Lady Dorrian envisaged, because rights of audience will change, and there is the oddity—in my opinion—of the fact that if murder is the plea of the Crown and there is a sexual element, the case could be tried in the specialist court or in the High Court. There does not seem to me to be any real need for that. You have referred to that in your submission.

Do you think that the Government has thrown the baby out with the bath water? There seemed to be a consensus around the need for a specialist court to be a parallel court to the High Court, but what we are seeing in the draft legislation does not mirror that at all.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

I envisage that, as the trial progresses, the judge will have to determine which witnesses’ stories they believe or do not believe.