The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 835 contributions
Criminal Justice Committee
Meeting date: 7 February 2024
Angela Constance
I have been to the Netherlands and to Germany. In Berlin, I had the opportunity of meeting victims’ lawyers, among other representatives of the judicial system. That was very informative.
What is currently proposed for independent legal representation has centred around the section 275 process. I am committed to its being implemented in a way that is a foundation for future potential change. Bearing in mind the committee’s correct focus on deliverability and implementation, my focus is first and foremost on what is proposed in the bill. However, I am conscious that Katy Clark and other MSPs are actively engaged on that issue.
Criminal Justice Committee
Meeting date: 7 February 2024
Angela Constance
I am looking at it but, with respect, I want to—
Criminal Justice Committee
Meeting date: 7 February 2024
Angela Constance
With respect, I would strongly refute some of the views that have been expressed by the Faculty of Advocates. As Mr Findlay has acknowledged, we are removing a verdict that is not understood by jurors and we are seeking to make associated reforms that are clear, proportionate and balanced, and that have at their core fairness to the complainer and the accused.
On Mr Findlay’s more specific point, the existence of corroboration is one of the main reasons why I and the Government would not support going to near unanimity or unanimity. I understand your point that all the other comparable jurisdictions with a two-verdict system have 10 out of 12 or 12 out of 12, but we do not have hung trials in our system and we still have corroboration, notwithstanding the changes to corroboration as a result of the Lord Advocate’s recent reference.
Criminal Justice Committee
Meeting date: 7 February 2024
Angela Constance
Is there anything to add from a more legal point of view?
Criminal Justice Committee
Meeting date: 7 February 2024
Angela Constance
The sexual offences court would be a hybrid court in that it could deal with all the High Court solemn cases as well as the serious sheriff and jury cases. On how it is constructed, we have been clear that there would be no diminution in the quality or the status of representation that is available to the accused. There are particular High Court cases that have to be—
Criminal Justice Committee
Meeting date: 7 February 2024
Angela Constance
The point that I am making is that no one chooses the procedure or the court that they appear in right now; that decision is taken elsewhere.
Criminal Justice Committee
Meeting date: 7 February 2024
Angela Constance
Conviction rates will be recorded. That information will be gathered.
Criminal Justice Committee
Meeting date: 7 February 2024
Angela Constance
The fact sheet did that, but I think that I am hearing that people want more detail to be made available, the proviso being that there is still no definitive—
Criminal Justice Committee
Meeting date: 7 February 2024
Angela Constance
It is not binary. I understand why you are pressing me, but it is not binary. Of course I want more women to have the justice that they deserve but, as I have outlined—
Criminal Justice Committee
Meeting date: 7 February 2024
Angela Constance
We do not want to turn the clock backwards, so yes, we need more justice for more women.