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 12 July 2025
Select which types of business to include


Select level of detail in results

Displaying 1198 contributions

|

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

On whom would the onus be to make that improvement?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

I thank all the witnesses for coming to help us today. What we have heard already has been very powerful. I will turn to Professor White first but invite other panel members to indicate if they want to come in.

You sent a very helpful submission, Professor White, in which you said that there is a

“standalone offence in England and Wales”

and that having that

“has helped elevate awareness of the crime and improved the professional and public response”.

In Scotland, non-fatal strangulation can be dealt with under other offences. From reading around the subject and looking at the various submissions, it seems that Scotland could be thought of as leading on this issue. For example, I believe that the prosecution of non-fatal strangulation in Scotland is not contingent on there being an injury or any harm. What is the legislative gap that needs to be filled by having a stand-alone offence in Scotland? Might there be quicker and more effective ways that would achieve the outcomes but would not require a legislative fix, such as raising awareness, the suggestion that you made about bail conditions or having a better public response?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

The point about data is an important one. My question, which I will throw open to Fiona Drouet, is, do we require a legislative fix or is there something that we could do that would be quicker and more effective?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

I am very grateful. For the record, and for anyone watching, when you talked about DASA, you were talking about the Domestic Abuse (Scotland) Act 2018.

I will stay with you, Fiona McMullan, but I suspect that Fiona Drouet will want to come back in on this.

You talked, in your very persuasive evidence, about things being treated as incident based. Police Scotland’s concern in its evidence is that, if a stand-alone offence is created, it might lead to a detriment in so far as an incident might be treated as an isolated incident rather than as a course of conduct under the 2018 act. It also suggests that that could shift prosecution to a specific incident-based approach, which could lead to evidential issues. How do you respond to that? That would be of concern to the committee, were that to happen.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

I understand.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

I am very grateful, convener.

I have a very small question for Liliana that arises from something that came up in response to Pauline McNeill’s questioning. I am obviously putting this to you as a member of the Law Society of Scotland, and I remind members that I, too, am a member of the Law Society, although I have not practised criminal law for more than two decades.

We heard earlier, when Pauline McNeill was discussing consent, the suggestion that a stand-alone offence might be created, but I think that Dr Forbes said that consent could dilute the protections that are there already. What is the requirement of any stand-alone offence to include that defence of consent? Is there something that I am missing whereby we are obliged to put in a defence of consent to a stand-alone offence?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

No problem. I will throw the question to Dr Forbes.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

In responding to Pauline McNeill’s question, Dr Forbes, you were very clear that, if there was a defence of consent, it would dilute the current protections. It was implied that, by creating a stand-alone offence, you would have to have consent, but I think that we are not sure whether that is the case. Is that correct?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Liam Kerr

Pauline McNeill, do you want to come back in on that?

Criminal Justice Committee [Draft]

Cybercrime

Meeting date: 14 May 2025

Liam Kerr

Good morning. ACC Houston, are traditional policing bodies able to effectively police the digital space, or do the police and, perhaps, justice agencies need to be structured, resourced and perhaps even trained differently to accommodate the new environment?