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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 4 May 2021
  6. Current session: 13 May 2021 to 18 September 2025
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Displaying 992 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 want to pick up on the earlier discussion about take-up and people registering for the victim notification scheme. I appreciate your point that the creation of the new team will enable people to be asked more often, but has any work been done on or thought been given to how people are asked whether they wish to opt in? I presume that, at the moment, they are simply asked, “Would you like to opt into the victim notification scheme?” However, asking them in a different way might lead to a different outcome.

Clearly, from what you have said, the hope is that, if people are asked more often, more of them might opt in, but if they are asked, “Would you like to be included in the scheme or not?” and they have to say, “No, I don’t” or “Yes, I do”, will that work? Is that something that you have explored? If one of the policy priorities of the scheme is to improve uptake, when we come to scrutinise whether the scheme is working, one of the main criteria that we will be looking at is whether it has increased the number of people who are getting information. Have you or your officials looked at or given any thought to that?

Criminal Justice Committee

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

Meeting date: 11 December 2024

Katy Clark

Would it be possible for the committee to have a copy of that pack so that we have a better understanding of the process that complainers have to go through at the moment?

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?

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?

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.

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.