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Seòmar agus comataidhean

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 3 April 2025
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Displaying 894 contributions

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Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 5 February 2025

Katy Clark

I do not know a lot of the detail of how the process operates in Wales or the role of families there. Have you been able to look at that?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 5 February 2025

Katy Clark

I presume that your view is that the report and other information should be shared with families and that there should be disclosure with families. Is that fair?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 5 February 2025

Katy Clark

You think that the report should be redacted in some way to try to ensure that it is not possible to ascertain who it is about. Is that a fair summary?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Katy Clark

Is it your understanding that, when the defence objects, it would normally be the case that evidence would be given in person, and that it would not be the default for evidence to be given virtually?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Katy Clark

Yes, but we must look at what is in the bill and the black letter of the law. That is not clear in the bill, is it?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Katy Clark

Thank you.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Katy Clark

My questions, which are perhaps best directed at Laura Buchan or Emma Forbes, focus on the right to a fair trial and on ensuring that we prevent miscarriages of justice.

I believe that some of the early pilots required agreement from both sides for virtual attendance, but I do not believe that that is what is being proposed here. We know that a lot of professional evidence is disputed, and we know, too, that the courts have not always accepted police evidence. We really should have a system in which, for example, early pleas are encouraged and cases are fully prepared to enable that to happen. Moreover, if witnesses are expected to go through a trial to which there is a guilty outcome, the inconvenience to them of having to travel what are sometimes very considerable distances should be taken into account in sentencing. Do you see advantages in, say, police giving evidence in person to ensure that that evidence is tested? In what kinds of scenarios do you think that evidence should be given in person?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Katy Clark

What test will be applied by the court when the defence objects?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Katy Clark

I presume that the test that the court would apply would be whether it would be in the interests of justice for a witness to give evidence remotely or in court.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Katy Clark

There is no further test. Are there no other criteria set out in the bill?