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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

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

We got there in the end—thank you. I will bring in Rona Mackay and then Liam Kerr.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Okay—thank you.

I am watching the time. Let us move on to part 6. I will start with the Government’s update on the provisions around a pilot scheme for criminal trials of rape or attempted rape—in other words, a juryless trial pilot. The intention was that the pilot would take place in the High Court or in the specialist sexual offences court. It would involve a single judge delivering a verdict following a trial and providing written reasons for that verdict. That would be followed by a review and publication of a report on how it had operated.

You will both be aware that the Government indicated in its response that it would not go ahead with that proposal. It has indicated that it would instead be

“working on a range of legislative and non-legislative measures to explore and address the underlying issues the pilot was seeking to address.”

Over to you. I am interested in your responses to that update.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

My follow-up question was going to be on the proposals that have been made in relation to the 1981 act and the proposals for research into jury deliberations, so it is helpful to have your views on that on the record. Kate Wallace, do you want to add any more on that?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Are there any other questions on part 6?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Ben Macpherson does not want to come back in. Does any other member want to come back in on part 4?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

A number of proposals have been made for stage 2 amendments on independent legal representation, which also sits within part 6 of the bill. They might be procedural and technical amendments, but I am interested in whether you have any comments or views on what is being proposed in part 6.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

I call Pauline McNeill, followed by Liam Kerr. I ask for succinct questions and responses, because we still have a wee bit to cover.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

I know that we are discussing very important parts of the bill.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

Please be very quick.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 2

Meeting date: 4 December 2024

Audrey Nicoll

As there are no more questions on part 6, I propose that we zoom back up to part 1, which relates to the proposal for a victims and witnesses commissioner for Scotland. I will pick that up and refer back to the cabinet secretary’s correspondence, which provided an update.

In October, the Government published its response to the independent review of the victim notification scheme, which I know is an area of interest to both witnesses. The cabinet secretary indicated that the Government intends to use the Victims, Witnesses, and Justice Reform (Scotland) Bill to deliver the recommendations that need primary legislation. The Government obviously wants to ensure that the work on the reform of the victim notification scheme is done as quickly as possible, but it recognises that legislation can often take time to develop and introduce.

I will just open it up to you both for your views on that update.