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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 15 July 2025
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Displaying 1264 contributions

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Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Pauline McNeill

I am interested in the line of questioning that Colette Stevenson started regarding independent legal representation, and in the Lord Advocate’s answer. It is a critical area for the committee to consider.

I note that the Lord Advocate said that there is already a right to be heard on a section 274 and 275 application where the application relates to medical records. Should that right apply more widely than medical records? I would have thought that, if an application is made to use evidence of sexual history at a preliminary diet, the complainer should have an interest in the whole application, not just medical records.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Pauline McNeill

Those are helpful answers. It is clear that, if we want to pursue the issue, there is quite a bit of work to be done to strengthen the right to be heard, on which I agree with the Lord Advocate. The question is how we can make that happen through legislation. Also, I note what the Lord Advocate said about women being “turned away” by the legal profession, so there is a lot to be done in that respect.

I have one remaining question, given the shortage of time. If we legislated and created the right for the complainer to be fully represented at a preliminary trial where sexual history evidence is asked for, albeit that there are issues with the timescale, I take it that the Crown would have no objection to dealing with what is in effect a third party representing the complainer? Mr Harvie, as the Crown Agent, would you be happy to deal with a third party on this matter?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Pauline McNeill

Thank you.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Pauline McNeill

There has been a suggestion that a single point of contact for complainers might reduce the scope for complaints about communication—I think that Lady Dorrian said that in her report. Is that practical? What would be the relationship between that point of contact and Victim Support Scotland?

I have listened to the evidence, and I will not go through all the testimony again, but I understand that there have been a lot of communication failures. A single point of contact could be a way of solving that. Do you think that it is practical to bring that in, and who would do it? I thought that Victim Support Scotland already did that, but maybe it does not have the capacity to contact the police and the Crown. A complainer cannot just pick up the phone and ask the fiscal what is going on; they probably would not even know where to find the number. Somebody has to do that for them. I just wonder who you think should do it and whether it would be practical.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Pauline McNeill

My first question is about DNA results. A survivor told us that the result took a year. I imagine that that is unusual, but is there a certain timescale window for DNA results? The survivor told us that the case could not proceed without that result. Are there any other concerns in the system about getting quicker evidence and DNA results?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Pauline McNeill

I have a quick question for DCS Faulds. You talked about the specialist sexual offences liaison officers. Does every complainer get access to a specialist sexual offences liaison officer, or are they just here and there?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Pauline McNeill

That was really helpful.

I want to follow up my previous question with a question for either DCS Faulds or Deputy Chief Constable Graham about the potential use of recorded police interviews, which the committee has heard about. How might that be taken forward? I recall such a thing as a precognition statement being taken from all witnesses, but that does not seem to happen any more, and I was just wondering what a recorded police interview would actually be in that respect.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Pauline McNeill

You said in answer to Collette Stevenson that there were sexual offences liaison officers to take statements when it was more suitable for the victim. Does that happen in every rape case?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Pauline McNeill

Good morning, cabinet secretary. I am not going to draw you into a policy discussion about this issue, but I would like some clarity. As I understand it from the reports in The Times, what we are talking about here with regard to what Police Scotland has said is not a trans person per se but an accused person presenting as a woman for the purposes of the alleged crime. The issue is about Police Scotland seeming to protect that rather than someone who had previously identified as a woman. There needs to be clarity on that—although I will not draw you into that today.

The deputy chief constable said that the Scottish Government was going to provide clarity on that point, but I was not sure what he meant by that. Did he mean that you are having on-going discussions? I am just wanting an answer to that: are there on-going discussions, or was the deputy chief constable referring to the gender reform legislation or to something else? Could you tell the committee what he meant by that?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Pauline McNeill

I finish by asking the cabinet secretary to read the press release from Police Scotland after today’s meeting. It is in the Times article, and it makes an implication about anyone who presents as a woman. Perhaps the police did not mean to say that, but that might be something that you would want to discuss with them.