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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 4 April 2025
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Displaying 1100 contributions

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Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Liam Kerr

I understand.

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Liam Kerr

I would be grateful if you would do so, because you have said in your submission that you “seek assurance” and it will help the committee to understand exactly what you mean by that.

Criminal Justice Committee [Draft]

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?

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Liam Kerr

I will stick with the issue of virtual attendance, with a first question for Stuart Munro on that point. In your response to the convener, you set out the things that should be thought through when creating policy, but this is not a policy; it is a bill. Given the concerns that you have highlighted, what amendments to this particular area of the bill—section 2—should the committee consider in order to address those concerns? Or should that be done outside the legislative process?

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 the point that you are a practising solicitor. As Ben Macpherson declared his interest earlier, I remind the committee that I am a practising solicitor, although I do not practise criminal law and have not done so for 20 years.

Paul Smith, let us stick with the issue of virtual attendance. The Edinburgh Bar Association tells us, in its submission, that it does not support virtual attendance at the custody court.

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Liam Kerr

You earlier set out some practical issues—for example, the cost. You said that it would need millions of pounds. You also highlighted concerns about the need for effective communication between the person who is held in custody and the defence lawyer. Would you elaborate on that for the committee? Are there specific amendments to the bill that the committee needs to consider to address those concerns?

Criminal Justice Committee [Draft]

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

Meeting date: 22 January 2025

Liam Kerr

Out of interest, Stuart, on whom does the onus lie to make the changes to which you have just referred? Who could change the system?

Criminal Justice Committee [Draft]

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

Police Investigations and Review Commissioner Annual Report 2023-24

Meeting date: 15 January 2025

Liam Kerr

I would like to press you on the costings. Page 16 of your report details the finances, which are considerable and have increased by £500,000 in the past year. Staffing costs, which are clearly required based on what you have just said, make up 84 per cent of your spend. Can you tell the committee more about that?

I hear what you say about the financial memorandum and the difficulties of accurately making projections, but MSPs will have to consider such issues. What is the financial impact of the bill on the PIRC? The Scottish Government has had difficulty in making accurate projections in financial memoranda, so have the extra costs been sufficiently accounted for to give you comfort, particularly given Phil Chapman’s comments about the changes to corroboration?

Criminal Justice Committee

Police Investigations and Review Commissioner Annual Report 2023-24

Meeting date: 15 January 2025

Liam Kerr

I understand and am grateful.