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Displaying 1604 contributions
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
That is interesting.
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
So you are doing that anyway.
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
That would be very helpful.
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
But they will all come together in one specialist court. Is that your understanding?
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
Is there a grey area in the sense that some cases that do not involve rape or attempted rape would still be indicted in the High Court, if the Lord Advocate thought that the offences were severe enough—
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
—and that they would attract rights of audience of counsel? Are those cases potentially not provided for in relation to the specialist court because they are not ring fenced by being represented by senior counsel or counsel in relation to rape? Do you see where I am going with this question?
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
That is my understanding—thank you.
Is it your position, as per your submission, that the legislation should reflect Lady Dorrian’s recommendations, as they were?
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
You say in your submission, in relation to rights of audience, that
“the requirements on legal practitioners should match those in the High Court and that legislation should require them to be specially trained”.
I think that we are all agreed on that. Do you want to add anything to that?
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
I am not sure myself. Not being a practitioner, I am trying to understand the issue. If the specialist court hears a whole range of cases, including rape, that means that it will be parallel to the High Court, as Lady Dorrian envisages it. However, the crimes that will be indicted in the specialist court include crimes that would previously have been in the High Court and the sheriff court. Is it not the case that there are going to be some differences there?
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
For crimes that are not rape or attempted rape—