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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 22 April 2025
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Displaying 3352 contributions

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Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

The practical issues of timing and availability of solicitors and facilities were certainly highlighted in both Paul Smith’s and Simon Brown’s submissions.

I have a follow-up question for Stuart Munro. You made an interesting point in your written submission—it is just at the bottom of page 7 in our paper 3—about proposed new section 303K of the Criminal Procedure (Scotland) Act 1995, which indicates that the court must issue directions for appearing by electronic means. You said:

“We consider it essential that those directions contain measures that ensure that witnesses are not susceptible to any undue influence and the effective participation of the accused is guaranteed. For achieving this, an appropriate connection network and suitable electronic devices are critical.”

Do you want to add to that? It was an interesting point.

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

That came up in the evidence from our first panel of witnesses. We will have the Crown Office and the Scottish Courts and Tribunals Service before us next week. We will have plenty to ask about the logistics of court processes. Thank you both very much. That has been helpful.

We now move into private.

12:19 Meeting continued in private until 13:01.  

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

I bring in Sharon Dowey for a very brief supplementary, and then I will bring in Liam Kerr for a final question.

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

I will stick with part 1. Kate Wallace, I was interested in the comments in your submission about the proposals on digital productions. Rightly, you highlighted the issues that victims of sexual crime potentially have to face when it comes to personal effects such as clothing being taken possession of for forensic examination and production. I am interested in hearing a bit more about why you think that the provision is a positive step forward, if you like, with particular reference to sexual offences.

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

I have a couple of other questions, which are again for you, Kate. One proposal in part 2 is for reviews to be carried out in parallel with other proceedings, such as criminal proceedings. However, the Lord Advocate would have discretion to end a review in the spirit of preventing prejudice to other proceedings. What are your views on that provision? Is it an appropriate arrangement?

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

We are coming up to time, but members want to ask one or two more questions. If our witnesses are prepared and able to bear with us, we will run for an extra 10 minutes or so. With that, I bring in Fulton MacGregor.

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

That is us just a little bit over time, but it has been a very helpful session. I thank everyone for joining us today—it is most appreciated. We will have a short suspension to allow for a changeover of witnesses.

11:12 Meeting suspended.  

11:18 On resuming—  

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

We are now joined by our second panel of witnesses. I welcome Kate Wallace, chief executive officer of Victim Support Scotland, and Adam Stachura, associate director of policy, communications and external affairs at Age Scotland. Welcome to you both, and thank you for your written submissions, which were circulated ahead of today’s meeting. I intend to allow around 60 minutes for this evidence session.

As always, I will open up with a general question, and it concerns the provisions in parts 1 and 2 of the bill. I appreciate that each of you probably has a stronger interest in different parts of the bill. Kate Wallace will be interested in part 2, while Adam Stachura is probably more interested in part 1.

The committee has an overall sense of your views on the provisions in the bill, but I specifically want to ask about any areas of concern. I will bring in Adam Stachura first, and then Kate Wallace. You can refer to whichever part of the bill you are interested in.

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

Thank you very much.

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Audrey Nicoll

Our next item is stage 1 scrutiny of the Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill. We are joined by Simon Brown, president of the Scottish Solicitors Bar Association; Stuart Munro, convener of the criminal law committee at the Law Society of Scotland; and Paul Smith, president of the Edinburgh Bar Association. Thank you for taking the time to attend today’s meeting and for your written submissions, which were helpful for committee members.

I will bring in Ben Macpherson.

09:45