The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1073 contributions
Criminal Justice Committee
Meeting date: 29 September 2021
Katy Clark
So you are saying that to maintain your business model and recruit lawyers you need to go back to 1999 levels in the immediate future. I am not talking about the long-term structure—I am talking about what needs to be done now to ensure that we do not have a crisis this winter.
Criminal Justice Committee
Meeting date: 29 September 2021
Katy Clark
Given the current crisis, are you expanding the Public Defence Solicitors Office? Are you recruiting? How does the pay compare with the pay for the types of solicitors in private practice to whom Ian Moir referred?
Criminal Justice Committee
Meeting date: 29 September 2021
Katy Clark
My question is to Julia McPartlin and Ian Moir. Exactly what level of increase are you suggesting there needs to be in legal aid fees? Are you suggesting that the restructuring of legal aid to encourage pleas at an early stage would be sufficient to enable better recruitment for criminal defence agents or are you suggesting a percentage increase across the board on criminal legal aid rates? What kind of percentage is necessary now to enable you to recruit into the sector?
Criminal Justice Committee
Meeting date: 22 September 2021
Katy Clark
Yes. In the previous evidence session, we heard that there are resourcing issues with regard to evidence on commission hearings. I want to ask Mary Glasgow in particular and perhaps Kate Wallace about that. Are you experiencing that? Do you believe that there is more scope for using evidence on commission in relation to children?
Criminal Justice Committee
Meeting date: 22 September 2021
Katy Clark
That is helpful. DCS Faulds, do you have any thoughts in relation to cases not being taken forward because of issues to do with the forum, as opposed to the evidence? Would changing the forum lead to more cases coming forward, for whatever reason?
11:30Criminal Justice Committee
Meeting date: 22 September 2021
Katy Clark
You have a great deal of experience of dealing with rape victims at a very early stage. DCS Faulds, would more rape victims come forward if they felt that the process was going to work in a different way?
Criminal Justice Committee
Meeting date: 22 September 2021
Katy Clark
I want to pick up on points that have already been made. Taking on board everything that has been said about the proposal potentially downgrading offences and the comments about it being considered as an inferior court, and on the presumption that it would be part of the High Court, I want to know whether, if the system was one of a jury-free specialist court with a single judge or single judge with wing members, that would have an impact on how cases were marked and on whether they would be taken to court in the first instance. That is probably a question for the police and prosecution service.
We have already heard that there are problems in resourcing the taking of evidence on commission. Is that an issue? If changes were made so that there was more availability to take evidence on commission and the system had a single judge or a single judge with wing members, and if we put aside corroboration and treat it as a completely separate—although obviously very important—issue, would more cases come to court and, therefore, could more rape and attempted rape convictions be secured? That question is for Moira Price from the prosecution service; if Detective Chief Superintendent Faulds wants to come in, that would also be helpful.
Criminal Justice Committee
Meeting date: 22 September 2021
Katy Clark
Dr Marsha Scott, from your organisation’s experience, why do victims decide not to go down the path of taking issues to the police? You must have extensive experience of that.
Criminal Justice Committee
Meeting date: 22 September 2021
Katy Clark
We will be asking detailed questions about Lady Dorrian’s report and the idea of specialist domestic abuse courts later.
Marsha Scott said that she thought that Scotland was at the cutting edge. Do any of the witnesses have knowledge of other jurisdictions, either from their own practical experience or through academic research? The academics may be able to help us here. Scotland has an adversarial system, and some of the reforms that are being suggested might significantly improve conviction rates. It is clear that the system is not working at the moment. Other jurisdictions, such as France, have a more inquisitorial system that is all about finding out the truth.
Without getting into the issues of single judges or corroboration, which we will pick up when we discuss Lady Dorrian’s recommendations, do any of the witnesses have knowledge of other jurisdictions where they do things that we should learn from? It may be that some of the basic principles of how we do things in Scotland are not right for some types of cases. Are there any areas that we should be looking at but that are not covered in Lady Dorrian’s report? South Africa has specialist domestic abuse courts. Are we going down the right path?
Criminal Justice Committee
Meeting date: 22 September 2021
Katy Clark
As you know, responsibility for compensating victims of crime and the criminal injuries compensation scheme was devolved to the Scottish Parliament a number of years ago, but the Scottish Government has continued with the Westminster scheme. Kate Wallace, what have been your experiences of it? How well does it work for victims?