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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 31 July 2025
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Displaying 1131 contributions

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Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Rona Mackay

Good morning, cabinet secretary. I want to ask about an aspect of the specialist court, which, as you referred to, was one of Lady Dorrian’s recommendations. Last week, the Scottish Courts and Tribunals Service told us that it does not envisage any specialist training for jurors in that court. What is your view on that? Given the nature of the court and the need for trauma-informed practice, should there be such training and, if so, how could it be provided, practically?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Rona Mackay

Just to follow up my colleagues’ questions, I think that the process that you have described sounds very encouraging but, according to the evidence that we have heard, it is certainly not happening in this instance. We have heard that survivors are often asked to make statements while in a traumatised state and that officers did not make them aware of available support. In fact, one said that their statement was taken by a male SOLO; the process took hours during which they were not allowed to take a break or have a drink of water; and then they were immediately given a forensic examination. I found that pretty shocking. You do not need to be specially trained to know that such treatment is not very considerate.

The example that I have highlighted might be an extreme one, but when you hear of situations in which the guidance has not been followed, what action do you take? Moreover, what redress does the complainer have if they have such an experience? How do they make it known to you that the guidance has not been followed?

Perhaps DCC Graham can respond first, and then DCS Faulds.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 8 December 2021

Rona Mackay

I will leave the Moorov doctrine for colleagues to ask about, but—I am sorry for this diversion—I would like to ask about support for victims and witnesses. I presume that this does not happen, but do you produce any guidance for victims and witnesses who are going into the judicial system for the first time that sets out what they can expect and so on? Has that ever been produced? Would that not be sensible? Because the victim is the Crown, they do not get any independent legal advice. I am not expecting you to give them legal advice, but is there step-by-step guidance on what they can expect when they come to court, who will say what, and what the process is?

11:30  

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 8 December 2021

Rona Mackay

During our evidence sessions, we have heard about a situation in which the Queen’s counsel representing the accused was acting unacceptably. The victim and the witnesses felt intimidated; they claimed that the QC behaved no better than the accused and that the whole thing felt like a boys’ club, and so on. They were very intimidated and demoralised, and no one called the QC out on his behaviour. Is that within your remit?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 8 December 2021

Rona Mackay

I want to ask what I think is a really important question about juries. We have heard in evidence that some complainers felt that the jury did not fully understand not just the legal process, but the evidence that was given. There is also a specific question about the Moorov doctrine, which I will park for a minute.

In general, given that juries receive no training and might not have an understanding of the subject at hand, and given that there might well be unconscious bias or prejudice against certain aspects of a case—for example, the complainer might have had too much to drink or whatever—do you see it as part of your role to promote the training of juries? Would that be a good thing? I would have thought that, for the specialist court, it would be essential for juries to have some training. Do you give any instructions to juries at all? Does that fall within the court service’s remit?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 8 December 2021

Rona Mackay

Is that happening at the moment? Is that information being given to witnesses and victims?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 8 December 2021

Rona Mackay

We will go on to discuss juries, so I will leave the matter there. I simply wanted to ask that question in relation to the specialist court.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 8 December 2021

Rona Mackay

No.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 8 December 2021

Rona Mackay

My colleagues have further questions on that area, so I will not ask any more just now.

10:45  

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 8 December 2021

Rona Mackay

I would like to ask about cases of domestic violence. By its nature, domestic violence differs from other offences because it is a continuing offence. We know that there is a huge backlog of cases. Do you have a remit to prioritise domestic violence cases? If so, are you doing that?