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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 5 May 2021
  6. Current session: 12 May 2021 to 3 April 2025
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Displaying 1090 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

Do you want to come back in, Malcolm?

Criminal Justice Committee

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

Meeting date: 29 January 2025

Liam Kerr

That is very interesting. I am grateful to you.

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

Just so that I am very clear, are you fairly comfortable, then, with the section 9 definitions as they are presented to us?

Criminal Justice Committee

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

Meeting date: 29 January 2025

Liam Kerr

That was very interesting. Thank you both.

Criminal Justice Committee

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

Meeting date: 29 January 2025

Liam Kerr

I will bring in Laura Buchan to comment, although Malcolm Graham might want to come back in, too. What is to be done, in that case?

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 [Draft]

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 [Draft]

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?