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Displaying 1601 contributions
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
My next set of questions is about the specialist court. Your written evidence has been really helpful. If we get this right, it could be transformational.
You will be aware that the provisions in the bill do not mirror Lady Dorrian’s recommendations, in a number of ways. The sentencing powers of the specialist sexual offences court are the same as those for the High Court, but the specialist court is not the High Court. My personal view is that what we read in the bill is not what Lady Dorrian envisaged, because rights of audience will change, and there is the oddity—in my opinion—of the fact that if murder is the plea of the Crown and there is a sexual element, the case could be tried in the specialist court or in the High Court. There does not seem to me to be any real need for that. You have referred to that in your submission.
Do you think that the Government has thrown the baby out with the bath water? There seemed to be a consensus around the need for a specialist court to be a parallel court to the High Court, but what we are seeing in the draft legislation does not mirror that at all.
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
I envisage that, as the trial progresses, the judge will have to determine which witnesses’ stories they believe or do not believe.
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
Are those two things tied together?
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
I understand.
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
I have one final question. On the issue of a child who wants to share their story, which would mean going to court, can you give us any evidence as to what the court might consider?
If you are a publisher—a newspaper, for example—you might want to offer someone money in order for them to lift their anonymity. One might say, “Oh well, it’s up to the person if they want to do that”, but have they thought through all the consequences of sharing their story when the money looks good? Can you give us any evidence of what you think that the court would look at with regard to whether to allow anonymity to be waived in that case? Might they take what I have just described into consideration?
Criminal Justice Committee
Meeting date: 31 January 2024
Pauline McNeill
I come to my final question. You are quite correct to ask whether there should be more primary legislation on juryless trials. That is a controversial issue, as we know from the evidence that we have taken, and it has split views among members of the judiciary.
Should clear parameters be set as to what is being assessed? Let us say that the pilot—which is what it is called in the bill—is run for a year. As you have said, the Government is quite clear that we are not assessing the conviction rate. To be honest, I am not clear about how the Government will assess the pilot at the end of it and determine whether it is good or bad. I know that you cannot answer that but, in your opinion, should the criteria for assessment be clearly set out?
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
The case is the same in section 55, which says that provision for procedures of the court could be made by regulations.
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
You described a hierarchy of courts, in which you do not see the sexual offences court as provided for in the bill. Section 46 of the bill says that, “on cause shown”, a case can be transferred from the sexual offences court to the High Court or the sheriff court. Does that speak to the point that you are making? Does section 46 indicate that the sexual offences court would be a lower court than the High Court? Is that fair?
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
Next, I want to ask about section 39(6), which allows the Scottish ministers to amend by regulation both the definition of sexual offences in section 39(5) and the list of sexual offences in schedule 3 to the bill. That gives me cause for concern, particularly since a justice committee of the Parliament in 2009 did a reform of the crime of rape. It seems extraordinary that we do not have primary legislation for such changes, but anyway, I ask you to speak to that.
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
Interestingly, I do not know whether it is connected, but section 46, on where the case is tried, allows the accused to apply for the case to be heard in a different court.