Skip to main content
Loading…

Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

Criathragan Hide all filters

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 5 July 2025
Select which types of business to include


Select level of detail in results

Displaying 1122 contributions

|

Criminal Justice Committee

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

Meeting date: 7 February 2024

Rona Mackay

I totally understand.

Criminal Justice Committee

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

Meeting date: 7 February 2024

Rona Mackay

Conviction rates for rape are the lowest of any crime type; indeed, I think that the Lord Advocate said that the conviction rate for single-complainer rape cases is 20 per cent, which is quite shocking. Cabinet secretary, you will know that Rape Crisis is very concerned about the two-thirds majority in a 12-person jury and feels that it would make it harder to get convictions, which is clearly the last thing that we want.

Before we go on to talk about the new sexual offences court, I have what is quite a left-field question, but I am going to ask it anyway. We are talking about jury balance and sizes. Do you envisage the Government ever making provision for a different configuration of or different criteria for juries in that court, to try to balance out Rape Crisis’s fears in relation to corroboration and all the rest of it? Given that we are setting up a new court anyway, is that something that the Government would ever consider?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

Good morning, Mr Brown. I go back to the first question that you answered. You admitted that there is a lack of diversity in the profession. Your submission says:

“Judges are picked from a very small section of society: they are all middle-aged, ... predominately male, often privately-educated and almost exclusively members of the Faculty of Advocates.”

That sounds like an old boys club to me. Does that not say a lot about the profession?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

I understand that, but the Lord Advocate, Lady Dorrian and women’s organisations that deal with women victims of rape every day want this to happen. They have all said that there needs to be radical change. If you do not accept what is proposed, what proposals would you put forward for radical change, or indeed, for any change?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

In answer to my colleague Fulton MacGregor, you said that you could not understand why sexual crimes should be dealt with differently from other crimes, yet you have spoken at length about how difficult it is to get convictions in such cases and about the uniqueness of such crimes. What I am getting from you is that you do not want to see any change at all. Would that not be letting women down?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

I will go back to conviction rates. Your submission says:

“if the Scottish Government wishes to increase the convictions . . . we simply ask, what is the correct conviction rate?”

You quote someone called Tommy Ross KC, who said that

“the correct conviction rate is the number of cases that are proved beyond a reasonable doubt. I believe we are achieving that at present.”

Do you think that a 20 per cent conviction rate for single rape complainers is acceptable?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

Does that have anything to do with the legal profession wanting to carry on without any changes?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

Do you recognise that a judge would be specifically trained and trauma informed, and that therefore bias and the belief in rape myths would not be as great?

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

As I understand the matter, that is the conviction rate.

Criminal Justice Committee

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

Meeting date: 6 February 2024

Rona Mackay

Will your members come up with any constructive alternative proposal?