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Official Report: search what was said in Parliament

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

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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 4 May 2021
  6. Session 6: 13 May 2021 to 8 April 2026
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Displaying 1402 contributions

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Criminal Justice Committee

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

Meeting date: 29 November 2023

Rona Mackay

I accept that—I understand. That is fine.

Criminal Justice Committee

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

Meeting date: 29 November 2023

Rona Mackay

Good morning. Does the judge explain what not proven is at any point in a real courtroom, either in his summing up or in direction? That is my first question. I genuinely do not know what is actually said.

Criminal Justice Committee

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

Meeting date: 29 November 2023

Rona Mackay

My question was going to be exactly the same as Russell Findlay’s question—I was going to push you both to say what your preferred balance would be.

However, to go back to sexual offence cases, I just want to get on record that the not proven verdict is used disproportionately in rape cases. Not proven made up 44 per cent of rape and attempted rape acquittals in comparison with 20 per cent of all crimes and offences. That is a huge imbalance.

Your research has led you to believe that we should abolish the not proven verdict, and you have answered the question that I have just outlined by saying that you cannot really say what your preferred balance would be.

My next question is another tricky one. In your estimation, if the verdict were to be abolished, what would be acceptable to the legal profession? What do you think that it would suggest as an optimum?

Criminal Justice Committee

Deaths in Prison Custody

Meeting date: 22 November 2023

Rona Mackay

To put into context some of the things that we have been hearing, I note that a pilot project was started in September for the new process. That will be evaluated to assess resource requirements, whether the process is workable and so on. That started in September, as I said, and it is on-going. We need to wait to see what the outcome of that is. There is also the short-life strategic leadership group, which reports to ministers through a cross-portfolio ministerial group for prisoner health and social care.

There are things happening as a result of our meeting with Gill Imery. It is easy to cherry pick things that may still need to be implemented, but I think that the wheels are definitely turning now, and I hope that things come to a good conclusion.

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018

Meeting date: 22 November 2023

Rona Mackay

The cabinet secretary talks in her letter about the round table and the working group, which meets again this month. She will feed back on the outcome of the discussion, including the finalised terms of reference for the group. We expect that to be imminent.

Criminal Justice Committee

Policing and Mental Health

Meeting date: 15 November 2023

Rona Mackay

Mr Naylor, you used a phrase way back in your opening statement that intrigued me a bit, and I wonder whether you could expand on it and put it into context. I think that you said that the officers responding should be “discrete” in their thinking. What did you mean by that? Was that in response to inquiries? Would they have to take a more nuanced position? Is that what you were saying?

Criminal Justice Committee

Policing and Mental Health

Meeting date: 15 November 2023

Rona Mackay

Yes—I just wondered whether you had that information. Clearly, that work could be on-going to find out—

Criminal Justice Committee

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

Meeting date: 15 November 2023

Rona Mackay

Good morning, cabinet secretary, and thank you for that helpful overview—a lot was covered in that. I want to pick up on one part of it, for clarification. You said that it is possible that the role would be open to an existing commissioner. I wondered what you meant by that. Do you mean that another commissioner would take on that aspect as an additional role or as part of their portfolio, rather than having an individual victims commissioner?

Criminal Justice Committee

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

Meeting date: 15 November 2023

Rona Mackay

Thank you. That is interesting.

Criminal Justice Committee

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

Meeting date: 15 November 2023

Rona Mackay

Following on from your comments about changing practice and culture when it comes to trauma-informed practice, I want to ask you about floating trials in solemn cases. We have heard from witnesses and some women’s organisations that floating trials prolong the trauma and anxiety of rape complainers. The Scottish Courts and Tribunals Service has defended their use, and there is nothing in the bill to address the issue.

What are your thoughts on floating trial diets? Can you understand the anxiety that it is claimed they cause victims?