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Criminal Justice Committee [Draft]
Meeting date: 19 March 2025
Audrey Nicoll
I call amendment 237, in the name of Jamie Greene.
Criminal Justice Committee [Draft]
Meeting date: 19 March 2025
Audrey Nicoll
I call Sharon Dowey to wind up and to press or withdraw amendment 91.
Criminal Justice Committee [Draft]
Meeting date: 19 March 2025
Audrey Nicoll
Amendment 85, in the name of Pam Gosal, is grouped with amendments 241 and 242.
Criminal Justice Committee [Draft]
Meeting date: 19 March 2025
Audrey Nicoll
I am pleased to join colleagues to speak on the issue of access to court transcripts for survivors of rape and serious sexual offences. I thank the cabinet secretary for the positive way in which she has engaged with me and other committee members on the issue.
The difficulties that survivors have historically had in accessing the record of a trial were first brought to the committee’s attention in 2021. I pay tribute to the women who described the challenges that they faced, with one having to pay more than £3,000 for a transcript.
For some survivors, access to transcripts has a practical function when they might be involved in another process, such as a complaint about their treatment. For many, access to a record of what was said is an important part of the healing process and, importantly, it reflects a justice system that is trauma-informed. As one survivor told us:
“If people are unable to afford transcripts to corroborate complaints against those in the legal profession, it essentially means that lawyers are unaccountable. That should be of grave concern to a democratic society.”
My amendment 179 is also a probing one and is relatively narrow in its scope, relating only to sexual offences that are set out in section 288C of the Criminal Procedure (Scotland) Act 1995, which are currently included in the on-going pilot. My amendment relates to cases heard in both the High Court and the proposed new sexual offences court.
I am grateful to the cabinet secretary for her on-going support and her willingness to extend the pilot and for indicating to me her position on seeking to take time to consider issues such as a potential legislative change and the costs involved. I am also grateful for her invitation to work with her to discuss what may be developed ahead of stage 3. I therefore will not move amendment 179. I thank the cabinet secretary for her engagement on the matter and look forward to further work with her on the issue.
I call Jamie Greene to speak to amendment 263 and the other amendments in the group.
Criminal Justice Committee [Draft]
Meeting date: 19 March 2025
Audrey Nicoll
The question is, that amendment 239 be agreed to. Are we agreed?
Members: No.
Criminal Justice Committee [Draft]
Meeting date: 19 March 2025
Audrey Nicoll
Thank you. Does any other member want to come in?
Criminal Justice Committee [Draft]
Meeting date: 19 March 2025
Audrey Nicoll
It is just coming up to 11 o’clock. I suggest to members that we have a 10-minute break.
10:58 Meeting suspended.Criminal Justice Committee [Draft]
Meeting date: 19 March 2025
Audrey Nicoll
I call Jamie Greene to wind up and to press or withdraw amendment 246.
Criminal Justice Committee [Draft]
Meeting date: 19 March 2025
Audrey Nicoll
Thank you very much. Do other members wish to come in?
Criminal Justice Committee [Draft]
Meeting date: 19 March 2025
Audrey Nicoll
The next group is on special measures in civil cases. Amendment 141, in the name of the cabinet secretary, is grouped with amendments 122 to 128 and 142 to 144.