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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 1448 contributions

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Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Liam Kerr

Professor Devaney, you will have heard the concern that was raised earlier about the risk that it would always be the same faces on the review panels in Scotland, so they therefore might not always be completely independent, or they might be seen as not being completely independent. Do you share that concern? If so, how can that be avoided? Is there any element of legislative change that we can make?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Liam Kerr

Good morning. Superintendent Thomas, I would like to explore something that you brought up earlier. Section 2 of the bill allows the court to permit virtual attendance, but the Police Scotland submission suggests that it is not always “practicably possible” for the police to do that, and it notes that the police’s ability to facilitate it is not part of the court’s consideration. The submission also says that the current budget will not allow the police to increase that kind of support without cannibalising from other areas. Do you know how much extra will be required to make the provisions feasible? In any event, does the committee need to amend the bill in any way to, for example, make Police Scotland’s ability to facilitate that a factor in the court’s consideration?

10:15  

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Liam Kerr

I understand. Thank you.

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Liam Kerr

I am grateful for that clarification.

Dr Boughton, on that exact point, you talk in your submission about the categories of people who are currently captured in section 9(2) of the bill. You suggest that the committee should find out whether that has been “discussed” at Government level, but you do not say what we should actually do with regard to definitions. Now is your opportunity—could you tell me what I should do?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Liam Kerr

The question is for Emma Forbes, so that I can fully understand what she said earlier. I think that your concern is that the definitions in section 9 are different from those in the 2018 act—you mentioned something about their amending the 2018 act. However, this is the bill that we have before us. Are you telling the committee that we should at least consider porting the definitions from the 2018 act into the bill to ensure consistency?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 29 January 2025

Liam Kerr

Do you have any thoughts on amendments?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Liam Kerr

Good morning to the witnesses. Kate Wallace, you mentioned sections 2 and 7, but you did not mention section 6, which is about fiscal fines. In effect, section 6 makes permanent a temporary Covid measure that raised fiscal fines to a maximum of £500. Victim Support Scotland supported that in your submission. However, you may have heard Simon Brown saying in the earlier evidence session that fiscal fines could, in effect, decriminalise shoplifting, and Stuart Munro went on to say that a fiscal fine could lead to a suggestion that an offence is not taken seriously by victims and in general. What is your view on the principle of a fiscal fine, and do you have any concerns about permanently raising the limit to £500?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Liam Kerr

You raise an interesting point.

Simon Brown, the SSBA submission is supportive of virtual attendance but says that you generally favour in-person attendance at trials, which is the default position. Are your concerns the same as those articulated by the Law Society, and is your general favouring of in-person attendance an observation or a suggestion that the bill should be amended?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Liam Kerr

Simon Brown, I want to take you back to something that you said earlier, just to ensure that we air this point. You talked about the need for legal aid provision for solicitors when they are dealing with virtual attendance. We already know that, in a context in which there is a significant decline in such solicitors doing legal aid work, many will feel that the provision is less than ideal already. Can you help the committee to understand what legal aid is currently available, if it is available at all for virtual attendance, and what the issues are around legal aid in general?

Criminal Justice Committee

Criminal Justice Modernisation and Abusive Domestic Behaviour Reviews (Scotland) Bill: Stage 1

Meeting date: 22 January 2025

Liam Kerr

I am grateful. You are right. In your written submission, you say that you

“seek assurance that communication for victims whose cases are settled with a fiscal fine will be a priority.”

Can you help the committee understand what the current situation is? What happens at the moment and what do you want to change?