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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 25 November 2024
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Displaying 2941 contributions

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Criminal Justice Committee [Draft]

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

Meeting date: 7 February 2024

Audrey Nicoll

I thank the cabinet secretary and her officials for attending.

That concludes the public part of our meeting. We will now move into private session.

13:00 Meeting continued in private until 13:18.  

Criminal Justice Committee [Draft]

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

Meeting date: 7 February 2024

Audrey Nicoll

I do not know that the committee has been made aware of that research. The clerks are looking at it just now, and we will ensure that it is circulated to members.

Criminal Justice Committee [Draft]

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

Meeting date: 7 February 2024

Audrey Nicoll

We will move on to part 6 of the bill, which contains the proposals for a pilot of juryless trials. As usual, I will kick off our questions.

Cabinet secretary, you will be aware of the concerns that have been raised about the proposed pilot of rape trials without juries. For example, the Faculty of Advocates has indicated that it strongly opposes such a pilot, stating that the rights of the accused would be compromised, and the Scottish Solicitors Bar Association has said that it will not take part. I am interested in your response to the concerns that have been expressed, and in whether you have had an opportunity for any engagement or discussions with some of the bodies that have been particularly opposed to the proposal.

Criminal Justice Committee [Draft]

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

Meeting date: 7 February 2024

Audrey Nicoll

We have had a long session, so I will move on to the other parts of part 6, on lifelong anonymity for survivors and independent legal representation.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

Mr Brown is here to answer questions on the SSBA’s views on the pilot for juryless trials. I intend to allow up to 50 minutes for that, which will be our main focus today.

I have a couple of questions about the proposal to pilot juryless trials. Please outline your main reasons for opposing the provisions in the bill that would lead to a pilot of rape trials without juries. When I say “you”, I am referring to the association and to its position.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

I will have to move on and come back to you, Mr Swinney, if we have time.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

I will bring in Sharon Dowey.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

Thank you. I will bring in members now.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

I have a question about the jury manual. In your evidence, you refer to the fact that juries are now specifically directed regarding rape myths. It is our understanding that a specific additional provision was inserted into the jury manual last year.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Audrey Nicoll

Are you aware whether any work has been done to look at or evaluate the impact of having that additional guidance in the manual?