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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.  

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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. Current session: 13 May 2021 to 8 April 2026
  7. Session 6: 13 May 2021 to 8 April 2026
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Displaying 1669 contributions

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Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Russell Findlay

I am sorry. I did not indicate that I wanted to come back in.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Russell Findlay

It is an historical case that I mentioned as an example to give people an idea of what happens. I do not suppose that there is much purpose in revisiting it.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Russell Findlay

My question is on a similar theme—that of support for victims and witnesses.

Lord Advocate, I think that you said in your opening remarks that you had tasked Lindsey Miller with reviewing the Crown’s victim information and advice service. Does its ability to help victims and witnesses not boil down entirely to decisions that you make about your budget? In other words, the primary function of the Crown is to prosecute crime—ergo, that takes up by far the biggest slice of your budget. Given the chronic backlogs, funds for victim information will always be a secondary consideration. Do you agree? If so, can anything be done about that?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Russell Findlay

A few weeks ago, my colleague Jamie Greene and I met some of your Crown Office colleagues who prosecute cases in the lower courts to discuss an issue that is not often talked about: plea deals. In one serious domestic violence case that I am familiar with, there were 16 charges, and after four years, there was a plea deal in which seven of the charges were dropped and some of the others were amended. The victim was not informed of the decision. Moreover, the amending of some of the details was quite jarring and, in some respects, revictimising. Should victims be told of any plea deals and the detail of them? Given the court backlog, is there not a risk of such deals being used more than they are currently—and perhaps disproportionately, to the detriment of justice? What safeguards are there against that happening?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Russell Findlay

Yes.

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 22 December 2021

Russell Findlay (West Scotland) (Con)

It is interesting to hear that 70 per cent of High Court cases are about crimes of a sexual nature, and about the disproportionate impact on female victims. In a recent interview, Lord Advocate, you suggested that

“sexual crime requires a different and distinct approach”.

Can you explain what you would like that to be?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Russell Findlay

I asked Mr Graham whether a rape victim would be informed should this situation transpire. I understand that it has not yet happened, but that might be because this is a new development. It is clearly causing women across Scotland significant concern. How do you think a woman who had been raped would feel if she found that her attacker had been categorised as a woman by Police Scotland?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Russell Findlay

Okay. Convener, do I have time to go back to the line of questioning that Katy Clark was pursuing?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Russell Findlay

Good morning, Mr Brown. We have heard from Police Scotland that it might record rape as being committed by a woman when the alleged male-born rapist does not have a gender recognition certificate. There are many concerns about that, not least that it could corrupt crime statistics. You spoke in your opening remarks about the importance of accurate data collection. A former Scottish National Party justice secretary has called that a “legal absurdity”. Do you agree with him?

Criminal Justice Committee

Prosecution of Violence against Women and Girls

Meeting date: 15 December 2021

Russell Findlay

Sure. This is largely theoretical, but if you follow it to its logical conclusion, you might have rape victims in court having to call their alleged rapist “she”.