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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 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 1467 contributions

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Criminal Justice Committee

Management of Sexual Offences Cases

Meeting date: 10 January 2024

John Swinney

Thank you very much.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 10 January 2024

John Swinney

That would be helpful. Thank you.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 10 January 2024

John Swinney

Your answer opens up a wider question. Much of this concerns how court proceedings are handled, but an awful lot of it is about a whole-justice-system approach: it is about the actions of Police Scotland, the operation of the Scottish Courts and Tribunals Service and the roles of the Crown, defence agents, the Faculty of Advocates, the Law Society of Scotland and, ultimately, the judiciary, in shepherding the process. There are quite a number of players.

I am struck by how, in order to eradicate delay in the system, everybody needs to improve their performance and to act more quickly and more effectively. What is the best means of driving that? It strikes me that all those organisations—Police Scotland, the Scottish Courts and Tribunals Service, the Crown, practitioners and the judiciary—are self-governing institutions, so who drives the process? The Government will be criticised if it drives it too aggressively, because that would be interference. Where, within the system, will the necessary drive to eradicate the delays come from?

To put it in a better way, how can we ensure that those various players, who are all critical in the process, are focused on eradication of delays?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 10 January 2024

John Swinney

Lord Advocate, a comment that you made in response to Russell Findlay’s questions this morning—in relation to your point about the difference between the views about the system that have been expressed by Rape Crisis Scotland and the Faculty of Advocates—was that, in your judgment, the ordinary adversarial approach is not suited to cases of this type. I will explore that comment, because, in a sense, it gets to the heart of some of the points that I explored with Lady Dorrian about court culture. I am interested to know the nature of the changes that need to take place in a specialist sexual crimes court and what approaches are necessary for living up to the challenge that you set out in your comment that the ordinary adversarial approach is not suited to such cases. What needs to be different?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 10 January 2024

John Swinney

Do you see progress being made in eroding the delays that exist?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 10 January 2024

John Swinney

Is there data that you can share with the committee on that point?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 10 January 2024

John Swinney

That is very helpful. Are there particular areas in which you think that there could be further improvements that would help to accelerate the progress that has been made?

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 10 January 2024

John Swinney

That is what I am getting at. The ground that you have covered in that supplementary answer, which is very helpful, addresses some of what I am keen to air as part of the evidence for the committee. It does not have to be about the building of new buildings, because court processes have changed dramatically as a consequence of Covid. Changes will have taken place that people have been trying to make for 50 years, but nobody has been interested in them. They had to happen because of Covid, and, thankfully, they have been retained. Some of the emergency legislation that some people in the Parliament complain about, and which is still in force, is actually quite helpful in addressing some of those challenges. The more you can write to us about that, Mr Fraser, the better.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 10 January 2024

John Swinney

Please do.

Criminal Justice Committee

Victims, Witnesses, and Justice Reform (Scotland) Bill: Stage 1

Meeting date: 10 January 2024

John Swinney

Thank you for that. That strikes me as an acknowledgement that there are cultural questions that need to be addressed. The words of the Lord Justice General on the Macdonald case illustrate some serious failings in the protection that all of us would expect to be in place for a witness—that a member of the judiciary can step in to make sure that things are done properly. The Lord Justice General’s conclusions in the appeal obviously demonstrate that that was not the case.

There is the cultural element about ensuring that leadership and practitioners are operating effectively, but are there also procedural questions that need to be addressed about the operation of the courts in relation to the handling of such cases?