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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 13 April 2025
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Displaying 912 contributions

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Criminal Justice Committee

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

Meeting date: 11 December 2024

Katy Clark

I hope that the convener does not mind me asking about this. Some of my amendments to the bill propose that it should be more of an opt-out scheme than an opt-in scheme, which some lobbying organisations have argued for. It would be interesting to understand whether you have looked at that and why you seem to have taken the view that you do not wish to go down that avenue. What difference do you consider that having an opt-out scheme would make to the uptake, compared to the proposals that you are making?

Criminal Justice Committee

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

Meeting date: 11 December 2024

Katy Clark

How long is that pack? How many pages?

Social Justice and Social Security Committee

Child Poverty (Scotland) Act 2017 (Post-legislative Scrutiny)

Meeting date: 5 December 2024

Katy Clark

Can you point to any particular policy areas that have been challenging?

Social Justice and Social Security Committee

Child Poverty (Scotland) Act 2017 (Post-legislative Scrutiny)

Meeting date: 5 December 2024

Katy Clark

Good morning, cabinet secretary. In what ways has the act helped to ensure effective work to tackle child poverty across all policy areas within the Scottish Government? Have any particular policy areas been more challenging to include in the cross-government approach?

Criminal Justice Committee

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

Meeting date: 4 December 2024

Katy Clark

Do you agree that the problem that parliamentarians have in this area is the lack of evidence? Due to the Contempt of Court Act 1981, we do not really have any jury research in Scotland—we do not know what the split in juries is. It might be that the changes to jury size and majority would make very little difference to conviction rates, or they could make a considerable difference in specific cases.

I do not necessarily expect you to know the answer to this question, but it would be really useful if you could provide any information. With regard to other jurisdictions, are you aware of any evidence on jury splits where there is a not guilty outcome? In cases in which a unanimous decision is required but the jury cannot reach that or a supermajority, there will be a split. It might be that the split is such that there is a majority in favour of conviction but that, because of the system, that does not lead to a conviction. I appreciate that this is not your day job and that you would not necessarily look at this, but have you been able to get information on jury splits when you have been considering the issue? I suspect that the information might not be available.

Criminal Justice Committee

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

Meeting date: 4 December 2024

Katy Clark

That is the question, really—whether we should take the decision before we have more evidence.

Criminal Justice Committee

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

Meeting date: 4 December 2024

Katy Clark

Yes. I was at that meeting.

Criminal Justice Committee

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

Meeting date: 4 December 2024

Katy Clark

That suggests that the changes would not make a significant difference. However, we simply do not know because we do not, because of the Contempt of Court Act 1981, have evidence. Is that correct? We are being asked to proceed on the basis of a guess rather than on the basis of evidence.

Criminal Justice Committee

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

Meeting date: 4 December 2024

Katy Clark

Yes, that is right.

Criminal Justice Committee

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

Meeting date: 4 December 2024

Katy Clark

We covered all this at stage 1.