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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
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Displaying 1601 contributions
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
It appears so, because under section 45 it says that the prosecutor, the defence or even the sole application of the accused can ask, “on cause shown”, for a transfer to another court.
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
Good afternoon. I have a number of questions about your submission.
I want to start with the specialist court. Lady Dorrian’s report suggests that it should be a division of the High Court. If it was a division of the High Court, perhaps we would not need all these exchanges about rights of audience and whether sheriffs could sit in it. Do you think that the Government has overcomplicated the situation with what it has put in the bill?
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
I understand that, yes.
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
Have we lost James Chalmers, or is he still with us?
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
My final question is for anyone, but I should ask you first, Simon Di Rollo, as you have a different perspective on the proposal for single-judge trials.
Given what has been said about the experiences that victims might have in front of a single judge, notwithstanding the fact that you might prefer a panel of judges—we are talking about there being no jury—would there be a need for single-judge trials and a specialist court? If a specialist court is about trauma-informed practice and making sure that the jury understands that there are myths about the crime of rape, do we need a specialist court and a single-judge arrangement? It seems to me that one might cancel out the other.
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
Then there are two distinct measures here. One is about what we do with juries with regard to trauma-informed practice, but there is also a distinct proposal for a single judge to sit. That is what my question is about. I am struggling to see how you could judge the effectiveness of that measure.
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
It is interesting that your first answer was that it would be the conviction rate. The Government has made it explicit that it is not going to look at the pilot in terms of whether it is more effective, because it says that that is not what it is designed to do, so that would not be a benchmark.
Is it fair to say that it is going to be difficult to benchmark effectiveness?
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
I wanted to ask about the jurors that you used in your studies. Had they sat on rape trials, or just trials in general?
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
That was really helpful.
I want to ask Professor Chalmers and Vanessa Munro about juryless trials and whether you have a view on how the Government can measure their effectiveness. That has given me some cause for concern. Whether you are for or against the idea, how would you ascertain how effective a single judge would be? What are you benchmarking it against, given that there are no other jurisdictions with single judges? Do you think that it is possible to measure that effectiveness, given that the Government has also said that the intention is not to increase or decrease convictions per se, but to give victims a different experience of the court system?
Vanessa Munro, since you are on screen, do you want to answer first?
Criminal Justice Committee
Meeting date: 24 January 2024
Pauline McNeill
I understand that, and it is a very important aspect of the proposal. However, on that point, you seem to be saying that, if we legislate for judge-only trials, it will be difficult to ascertain their effectiveness, because there is a question of what we would benchmark that against. Is that fair?