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 1448 contributions
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Liam Kerr
That begs a question. We heard earlier about a case in which the sentence was nowhere near either of those limits, although, obviously, that case will have turned on its own facts. Does the COPFS have any data on the typical sentence where non-fatal strangulation is proved or is part of the assault? If the data does not exist currently, can it be collated so that we, as a Parliament, can understand whether a new offence is needed in terms of sentencing ability?
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Liam Kerr
Good morning. Detective Superintendent Brown, can you explain briefly for the committee’s understanding how an offence that is either solely of non-fatal strangulation or an offence that involves that behaviour would currently be investigated and prosecuted? I ask at least in part because of your earlier answer. Do you not already investigate all possible crimes, regardless of what will ultimately appear on the indictment?
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Liam Kerr
I am very grateful. I have one final, very small question on that. I presume that adding a marker does not require legislation.
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Liam Kerr
Yes—in order to collate the data.
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Liam Kerr
Why would a stand-alone offence preclude the taking of all that evidence at the investigation stage?
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Liam Kerr
Dr Forbes, you heard the evidence this morning that there is at least the argument that the current system fails victims. We have a charge of common assault with a kind of add-on of non-fatal strangulation, and the optics of that, for both the victim and the alleged perpetrator, are not good, because it downgrades the non-fatal strangulation aspect of the assault. The suggestion was that it would be better if the charge was common assault with non-fatal strangulation but to also have a stand-alone offence of non-fatal strangulation. Would that not be a better way to proceed? If not, why not?
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Liam Kerr
The key point that I am getting is that you could not prosecute both. If there was a stand-alone offence, you could not indict both, because that would be prosecuting the same thing twice.
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Liam Kerr
I understand.
In your evidence, another reason that you gave for why we might not want to bring in a stand-alone offence relates to sentencing. That would be at the far end, of course, once the offence had been established. You suggested that the maximum sentence under the common law or DASA is significantly higher than it is in England and Wales.
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Liam Kerr
The common-law sentence is unlimited, and the DASA sentence is up to 14 years.
Criminal Justice Committee [Draft]
Meeting date: 21 May 2025
Liam Kerr
On whom would the onus be to make that improvement?