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 1437 contributions
Criminal Justice Committee
Meeting date: 12 January 2022
Pauline McNeill
Good morning. I totally accept the necessity for the Government to move ahead. I want to probe as much as I can into the detail of how the instrument will operate. Under article 8 of the European convention on human rights, there is a right to privacy and family life, especially for prisoners who are not involved in drugs. That is where I am going with this. Although Families Outside supports the statutory instrument, it has expressed a number of concerns and says that there is a concern that families might opt not to send correspondence, which could interfere with family relationships.
Teresa Medhurst has said that staff are not allowed to read letters. How do you propose to prevent that and ensure that families who are just keeping in touch with their loved ones in prison and are not involved in drugs have confidence in the system?
11:45Criminal Justice Committee
Meeting date: 22 December 2021
Pauline McNeill
Those are helpful answers. It is clear that, if we want to pursue the issue, there is quite a bit of work to be done to strengthen the right to be heard, on which I agree with the Lord Advocate. The question is how we can make that happen through legislation. Also, I note what the Lord Advocate said about women being “turned away” by the legal profession, so there is a lot to be done in that respect.
I have one remaining question, given the shortage of time. If we legislated and created the right for the complainer to be fully represented at a preliminary trial where sexual history evidence is asked for, albeit that there are issues with the timescale, I take it that the Crown would have no objection to dealing with what is in effect a third party representing the complainer? Mr Harvie, as the Crown Agent, would you be happy to deal with a third party on this matter?
Criminal Justice Committee
Meeting date: 22 December 2021
Pauline McNeill
Thank you.
Criminal Justice Committee
Meeting date: 22 December 2021
Pauline McNeill
Thank you very much.
Criminal Justice Committee
Meeting date: 22 December 2021
Pauline McNeill
I imagine that one of the key issues with prerecorded evidence—forgive me if I have not understood the process—concerns the cross-examination of the complainer in court. How is that done? I imagine that the lawyer for the person who is standing trial would want to put questions to the complainer. Is that done beforehand or in court? It would be helpful to know that.
Would you be concerned about that? It is certainly a concern that I have, and I would like to hear any answers that you have in that regard.
Criminal Justice Committee
Meeting date: 22 December 2021
Pauline McNeill
I am interested in the line of questioning that Colette Stevenson started regarding independent legal representation, and in the Lord Advocate’s answer. It is a critical area for the committee to consider.
I note that the Lord Advocate said that there is already a right to be heard on a section 274 and 275 application where the application relates to medical records. Should that right apply more widely than medical records? I would have thought that, if an application is made to use evidence of sexual history at a preliminary diet, the complainer should have an interest in the whole application, not just medical records.
Criminal Justice Committee
Meeting date: 22 December 2021
Pauline McNeill
There has been a suggestion that a single point of contact for complainers might reduce the scope for complaints about communication—I think that Lady Dorrian said that in her report. Is that practical? What would be the relationship between that point of contact and Victim Support Scotland?
I have listened to the evidence, and I will not go through all the testimony again, but I understand that there have been a lot of communication failures. A single point of contact could be a way of solving that. Do you think that it is practical to bring that in, and who would do it? I thought that Victim Support Scotland already did that, but maybe it does not have the capacity to contact the police and the Crown. A complainer cannot just pick up the phone and ask the fiscal what is going on; they probably would not even know where to find the number. Somebody has to do that for them. I just wonder who you think should do it and whether it would be practical.
Criminal Justice Committee
Meeting date: 15 December 2021
Pauline McNeill
Thank you very much.
Criminal Justice Committee
Meeting date: 15 December 2021
Pauline McNeill
My first question is about DNA results. A survivor told us that the result took a year. I imagine that that is unusual, but is there a certain timescale window for DNA results? The survivor told us that the case could not proceed without that result. Are there any other concerns in the system about getting quicker evidence and DNA results?
Criminal Justice Committee
Meeting date: 15 December 2021
Pauline McNeill
I have a quick question for DCS Faulds. You talked about the specialist sexual offences liaison officers. Does every complainer get access to a specialist sexual offences liaison officer, or are they just here and there?