The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1604 contributions
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.
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?