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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 21 April 2025
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Displaying 3352 contributions

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Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Audrey Nicoll

Other members are interested in your points about definitions, but you also spoke about the review process. The bill proposes two tiers, if you like, of process in that the review oversight committee would make the initial assessment and judgment, I presume, about which cases would then go to a case review panel. That sounds relevant, given the potentially expanded number of cases that might fit within that provision. I am interested in hearing your thoughts on the proposal to have an arrangement in which there is an oversight committee and a review panel.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Audrey Nicoll

Unless members have more questions about definitions specifically, which was something that we covered in the first session this morning in some detail, I will move on to the actual process.

I have a question on your written submission, Professor Devaney, which relates to the possibility of a joint review process. I am quite interested in that. You correctly referenced the fact that the bill promotes consideration of the possibility of a joint review with mutually agreed terms of reference and you—I think that it was you—set out thoughts on the importance of terms of reference because, sometimes, their absence really compromises a review process. I would be interested to hear more of your thoughts about a potential joint review process, perhaps also pulling in the importance of terms of reference.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Audrey Nicoll

Liam Kerr has a quick follow-up question before we finish.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Audrey Nicoll

That it is a helpful clarification.

I have a final question for Detective Superintendent Brown. The police submission seems to raise some concern about section 20, which places a duty on the chief constable to co-operate with the review process. Would you care to share a wee bit more on that particular point?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Audrey Nicoll

Okay. I will flip the question on the scope of the review around a wee bit and ask whether there are relationships that are not included that you think should be. Based on what you have said already, I suspect that the answer is no, but it is worth asking the question.

11:30  

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Audrey Nicoll

Thank you—there are some really interesting points there. We may be straying slightly from the provisions, but you are helpfully circling them back to the review process that is being proposed.

With that, I bring in Liam Kerr.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Audrey Nicoll

That was really helpful. A clear theme is emerging around the practicalities and cost implications.

I have one follow-up question, and I would welcome hearing from anyone who wanted to come in on it. Last week, we took evidence from, among others, Stuart Munro of the Law Society of Scotland, who referred to a piece of work that is supported by a working group convened by Sheriff Principal Aisha Anwar. It is looking specifically at the development of a virtual custody process to address the concerns that had been identified in the pilot of that process. Are any of you involved in that working group?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Audrey Nicoll

That is super. I take it that you are involved, too, Laura Buchan.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Audrey Nicoll

Thank you very much, Neil. Those were helpful opening comments.

I want to link the point about learning lessons with the question of what the experience of other jurisdictions has been. First, I will go to John Devaney and then I will jump back to Neil Websdale. Are there similar review systems in other jurisdictions that could inform our approach to considering the process of learning lessons from reviews? Do you think that the bill reflects what is necessary in that space—if that makes any sense?

12:00  

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Audrey Nicoll

Thank you. I will bring in Professor Neil Websdale. I hope that you can hear us okay. We are interested in your initial thoughts on the proposals on the domestic homicide and suicide review process.