Seòmar agus comataidhean

What role might the Public Defence Solicitors Office play in a reformed legal aid system? What would the balance be between private practice and public sector provision through the PDSO?

With regard to the current crisis, is there a role for the PDSO, especially in busy courts? It may well be that, because of waiting times and so on, there are more efficient ways to deal with the problem and to ensure in the way that things are organised that solicitors are actually addressing the tasks that need done. I want to ask Colin Lancaster about that. Is there realistically a greater role for the PDSO to play in the immediate future?

I ask Ian Moir to come in on that. What would make a difference? There could be an increase but it might not be sufficient for what you are arguing for. What does the Government need to do?

So you are saying that to maintain your business model and recruit lawyers you need to go back to 1999 levels in the immediate future. I am not talking about the long-term structure—I am talking about what needs to be done now to ensure that we do not have a crisis this winter.

I also do not intend to move a motion to annul but I have significant concerns about the statutory instrument and the length of time that the extension would be in place. Therefore, if circumstances were to change, I would want the Scottish Government to come back.

I also have concerns about the practical implementation of the substantial powers that governors will have under the instrument. The committee should be kept advised on that to satisfy itself not only that individual prisoners’ human rights are respected but that the approach is consistent with health guidance that is in place outside prisons.

The committee would have preferred it if the instrument had been in force for a shorter period. It is unfortunate that the Scottish Government does not feel able to do that on this occasion. For that reason, the committee should be kept closely advised of how it is implemented.

We will be asking detailed questions about Lady Dorrian’s report and the idea of specialist domestic abuse courts later.

Marsha Scott said that she thought that Scotland was at the cutting edge. Do any of the witnesses have knowledge of other jurisdictions, either from their own practical experience or through academic research? The academics may be able to help us here. Scotland has an adversarial system, and some of the reforms that are being suggested might significantly improve conviction rates. It is clear that the system is not working at the moment. Other jurisdictions, such as France, have a more inquisitorial system that is all about finding out the truth.

Without getting into the issues of single judges or corroboration, which we will pick up when we discuss Lady Dorrian’s recommendations, do any of the witnesses have knowledge of other jurisdictions where they do things that we should learn from? It may be that some of the basic principles of how we do things in Scotland are not right for some types of cases. Are there any areas that we should be looking at but that are not covered in Lady Dorrian’s report? South Africa has specialist domestic abuse courts. Are we going down the right path?

Will Sandy Brindley come in on that? Presumably, you speak with many victims of rape who decide not to go to the police.

Does Kate Wallace want to add anything to that?

Professor Burman and Professor Chalmers may have looked at that issue or have a view on it. They may well think that we are going down the right path, but it would be interesting to explore whether there are elements of other systems that we have not looked at but should look at if we want to improve conviction rates.

I want to pick up on points that have already been made. Taking on board everything that has been said about the proposal potentially downgrading offences and the comments about it being considered as an inferior court, and on the presumption that it would be part of the High Court, I want to know whether, if the system was one of a jury-free specialist court with a single judge or single judge with wing members, that would have an impact on how cases were marked and on whether they would be taken to court in the first instance. That is probably a question for the police and prosecution service.

We have already heard that there are problems in resourcing the taking of evidence on commission. Is that an issue? If changes were made so that there was more availability to take evidence on commission and the system had a single judge or a single judge with wing members, and if we put aside corroboration and treat it as a completely separate—although obviously very important—issue, would more cases come to court and, therefore, could more rape and attempted rape convictions be secured? That question is for Moira Price from the prosecution service; if Detective Chief Superintendent Faulds wants to come in, that would also be helpful.

Dr Marsha Scott, from your organisation’s experience, why do victims decide not to go down the path of taking issues to the police? You must have extensive experience of that.