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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 May 2025
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Displaying 4236 contributions

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Criminal Justice Committee

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

Meeting date: 24 January 2024

John Swinney

In that circumstance, though, we would have a written judgment that we could all pore over.

Criminal Justice Committee

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

Meeting date: 24 January 2024

John Swinney

The necessity of the reform provides the impetus for the action to be undertaken.

Criminal Justice Committee

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

Meeting date: 24 January 2024

John Swinney

Correct.

Criminal Justice Committee

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

Meeting date: 24 January 2024

John Swinney

I will take that example. That strikes me as highly analytical. I understand that point. Mr Di Rollo has just said that, although the culture has changed a lot, it has not changed enough. It still strikes me, as a member of Parliament who is scrutinising a bill on victims, witnesses and justice reform, that there is a risk that victims—complainers—might well be subjected to conduct that, if we do not pass the bill, might not be addressed by the reforms that we might leave for the legal profession to make in a piecemeal fashion.

Criminal Justice Committee

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

Meeting date: 24 January 2024

John Swinney

Yes, but you are saying that they are peers. I could be put on a jury to hear a case about a sexual assault involving an 18-year-old, but I am living in a different world.

Criminal Justice Committee

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

Meeting date: 24 January 2024

John Swinney

Mr Di Rollo?

Criminal Justice Committee

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

Meeting date: 24 January 2024

John Swinney

Thank you.

I was interested in Professor Munro’s comment a moment ago that having juryless trials can affect the tone of a case. I am particularly interested in that point. Could you perhaps elaborate on that, Professor Munro? What particular elements of a judge-only trial could be enhanced or developed to enable proper and fair justice for all parties to be better assured than it is under our current arrangements?

Criminal Justice Committee

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

Meeting date: 24 January 2024

John Swinney

Can you pause there, Mr Di Rollo? The contrast that you have just drawn for the committee—that the difference in tone and approach is in being impressionistic versus analytical—is fundamental to our consideration of what the arguments are for a single-judge trial.

Criminal Justice Committee

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

Meeting date: 24 January 2024

John Swinney

Thank you. Professor Thomas, would you like to reflect on that?

Criminal Justice Committee

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

Meeting date: 24 January 2024

John Swinney

Good morning. I do not know whether all the witnesses were here for the previous evidence session with the legal academics, but I want to highlight one of the points that I explored with Professor Munro. She made a remark about how judge-only trials could affect the tone of a case. I am particularly interested in that point. Does the panel believe that there is a problem with the tone of sexual crime cases in Scotland today? Maybe Mr Lenehan could start on that.