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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 2 November 2024
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Displaying 1007 contributions

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Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

What is the purpose of including conviction rates?

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

We want to understand what the assessment process is.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

But she is not answering my question.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

I agree 100 per cent with the cabinet secretary about the need for change and I am with the Government on what it is trying to achieve. However, among some of the things that survivors and complainers have said would make a difference, we have aired the difference that independent legal representation might make to complainers who have felt that their voice is not heard at the preliminary stage and that there is no one to defend their interests. I therefore welcome what the cabinet secretary said.

A lot has been said in evidence and at our round-table sessions about the notion of a single point of contact. In my mind, changing practice is probably as important as changing the law. We have heard positive stories, and a lot of horrific stories, and the positive ones seem to turn on those complainers getting proper access to their advocate depute and understanding how the trial will be run. I realise that there is only so far you can go with the matter, but a lot of victims say, “I did not get to tell my story in court. I do not understand why the advocate depute did not ask me what I thought was a critical question.” I am sure that there are good reasons for that.

Are you willing to explore changing the experience for all complainers and victims? How can we ensure that every victim gets access to their advocate depute before the trial?

Having a single point of contact has a lot to do with changes to court venues and other practical things, such as where and when someone’s case will be heard. As for the relationship with an independent legal practitioner, perhaps someone who is legally qualified is the best person to be that single point of contact, as they know the court process.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

That is helpful.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

I have dealt with many families who felt similarly about murder trials, in that they had the same feeling of exclusion. That is not particular to rape trials.

We have heard the Lord Advocate say that she is very particular about changing the practice, and I see a drive behind that. That is good. However, Lord Advocates change and, in time, another Lord Advocate may take a stricter view about access to ADs and so on.

I will leave you with this thought. Is there any way in which you could enshrine that right of access to advocate deputes in some way? I do not need an answer to that just now, but this worries me: we are beginning to see chinks of light, which is really good, but that needs to continue—and the law is a tool. I was just wondering if you could consider how we could hang on to that right.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

I preface my remarks by saying that I think that the proposal for a specialist sexual offences court is the most significant proposal in the bill. However, I have to say that the Government is putting itself in danger of losing the consensus on that, which is what my line of questioning relates to.

Why did you not fully adopt Lady Dorrian’s suggestion? As you said, cabinet secretary, you do not think that the specialist sexual offences court should be considered to be a lower court but, in fact, it will be. However, if you had adopted Lady Dorrian’s recommendations for it to be a parallel court, there would be no question over that.

I have questions on rights of audience that illustrate why I think it will be seen as a lower court. I know that you were not cabinet secretary when the bill was drafted, so I would be happy if your officials want to come in. It seems extraordinary for Lady Dorrian to do this work and come up with a proposal that everyone thinks is good but for you to dilute it by saying that it will not be a parallel court to the High Court—I really do not understand that.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

You referred to research—did you say “meta-analysis”?

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

That is helpful. We have to be open to that idea, since the Lord Advocate mentioned it, but I would have concerns about a provision that was wide in scope and gave the courts the power to decide. I would be more comfortable if you were thinking about a provision that was more tightly drawn in terms of criteria for the Crown.

Criminal Justice Committee [Draft]

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 7 February 2024

Pauline McNeill

Thank you.