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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

I want to examine how the single-judge trial would operate. You have had questions from the convener and Russell Findlay about how the pilot will be assessed. Will you publish what you are looking for? There is some confusion. At least three of our witnesses, including Professor James Chalmers, seem to think that you will measure conviction rates. It is not just the Scottish Criminal Bar Association that thinks that that will be one of the assessment criteria, but you have clearly said that it will not.

Criminal Justice Committee [Draft]

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

Meeting date: 7 February 2024

Pauline McNeill

I agree.

Lastly, I am trying to piece together the different legal forms, because they connect quite a bit. I take it that, if you were to set up a specialist court, it would be possible that a single judge would sit alone in a specialist court without a jury and with two verdicts.

Criminal Justice Committee [Draft]

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

Meeting date: 7 February 2024

Pauline McNeill

I see. You would evaluate conviction rates, in that case.

Criminal Justice Committee [Draft]

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

Meeting date: 7 February 2024

Pauline McNeill

That is a good thing, not a bad thing.

Criminal Justice Committee [Draft]

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

Meeting date: 7 February 2024

Pauline McNeill

No, but you can understand why I am asking the question if the argument for removing the not proven verdict is that Scotland is an outlier—we would still be an outlier if it was removed. I do not particularly have a problem with that, because I think that some features of our system are good. I just wanted to understand that.

Criminal Justice Committee [Draft]

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

Meeting date: 7 February 2024

Pauline McNeill

We are still an outlier.

Criminal Justice Committee [Draft]

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

Meeting date: 7 February 2024

Pauline McNeill

Okay.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

Lord Advocate, you are correct, in that we have heard evidence from witnesses whose reading of the bill is that it would somehow give powers that could cross over the independence of not just the Crown Office but other agencies. That is clearly not the case. You have addressed that issue, but do you agree that, should the bill be passed into law, the Government probably needs to do a bit more work to ensure that everybody understands the role of the victims commissioner in relation to that point?

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

We have heard quite a bit of evidence, and I was really interested in the evidence of one witness who had a very positive experience in recent times. One strand of their good experience was that they had access to the advocate depute. That raises a question for me in relation to the bill. Would it take considerable resource to set up the commission? Can I guess that it will take about £20 million? John Swinney is in the room, so he can correct me if I am wrong.

Criminal Justice Committee

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

Meeting date: 31 January 2024

Pauline McNeill

Okay, it is closer to £1 million, but that resource could perhaps be used elsewhere, which is a consideration for the committee.

Lord Advocate, if the Crown Office were to provide victims more access to advocate deputes so that victims have a better experience, would that require additional resource? Would it be fair to consider doing that instead of spending money on a victims commissioner?