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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 28 April 2025
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Displaying 923 contributions

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Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

I will be interested to hear from Mr Cowan. The High Court is, obviously, a higher court than the sheriff court. We would not want there to be an impression that the specialist court was a lesser court than the High Court. My understanding is that, depending on how the legislation is constructed, the specialist court would, in effect, be a specialist part of the High Court. Is that fair?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

The minister has already addressed some of what I was going to ask about. To what extent has it been possible to implement any of Lady Dorrian’s recommendations already? You have outlined the future timetable, but has there already been any implementation of the recommendations?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

Yes, of course.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

We know that repeated concerns have been raised about misogynistic and sexist behaviour in Police Scotland and that there have been numerous complaints. We have tried to get more detail about that, but gender-specific information is not available. On the complaints that reached the Police Investigations and Review Commissioner in 2020-21, we understand that only 202 of 279 referrals were investigated at the time of reporting.

If we open the newspapers, we see the Sarah Everard case. Obviously, the detail of that case will lead women to lose trust in the police. According to what is written in the media, there is a very high level of domestic abuse and violence by police officers. Harassment cases have been reported to the police, although we do not know the detail of those cases.

What work is being done to implement the recommendations in the “Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing” from November 2020? How will you address the issues that Dame Elish Angiolini raised in that report? What needs to be done? Is there a significant cultural problem within the police that needs to be addressed? If you do not think that there is a cultural problem, how do you explain what is being reported and said?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

Thank you. That is very helpful.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

From what Mr Cowan has said, it is likely that the Crown would have criteria for referral of a rape or other sexual offence case to the High Court or the specialist court.

To go back to the issue of downgrading, the concern is that, if there is a cap of 10 years on sentencing in the specialist court, that makes it look like a lower court—similar to the sheriff court. The sheriff court has a range of disposals, and if a longer sentence is desired than is within its powers, the sentencing aspects are referred to the High Court. I understand that the thinking is that that is how the specialist court would operate. Even though a High Court judge was sitting in the specialist court, they would be able to impose a sentence of up to only 10 years and, if they thought that a sentence of more than 10 years might be appropriate, that would have to be referred to the High Court.

Will the kinds of issues that the governance group looks at include consideration of whether the specialist court is subject to that sentencing cap or has a full range of disposals? Is that still a live issue, cabinet secretary?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

That is helpful. My main question is: does DCC Graham believe that there is a cultural problem?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

I have a further question about the court establishment. When you listen to victims of sexual offences, you hear that the physical process of going to court can be very traumatic. The cabinet secretary has already referred to the family of a murder victim having to sit in a court with the accused. Is it envisaged that the new specialist courts will have separate facilities? Would that have big resource implications? At the moment, we are developing facilities at Inverness for witnesses and so on. Will there be significant resource implications with the specialist courts and will they have separate facilities that will be designed in a different way? Alternatively, is it envisaged that they will operate within the current court estate? Are those issues going to have to be discussed?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

That is helpful, thank you. Finally and briefly, could I ask—

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Katy Clark

That would be helpful.