Summary

  • The Justice Committee looked into the role of the Crown Office and Procurator Fiscal Service

  • Justice Secretary Michael Matheson announces move to pardon men who were convicted of same-sex offences before laws against homosexuality were scrapped, during topical questions

  • The Scottish government led a debate entitled ‘Building a Fairer Scotland – It takes all of us’

  • The member’s debate focused on the volunteers who keep our train stations clean and lovely, by adopting a station

  1. Topical questionspublished at 14:04 British Summer Time 25 October 2016

    MSPs will now quiz Scottish government ministers during topical questions.

  2. Time for reflectionpublished at 14:00 British Summer Time 25 October 2016

    Professor Alan Spence
    Image caption,

    Professor Alan Spence, author and member of the Sri Chinmoy Centre

    Professor Alan Spence, author and member of the Sri Chinmoy Centre, delivers today's time for reflection.

  3. Coming up in the chamber this afternoon......published at 13:13 British Summer Time 25 October 2016

    Topical questions sees questions on minimum pricing of alcohol , a call for the convictions issued to people for now-abolished gay sexual offences to be quashed and the level of support for independence.

    Alcohol, Alan Turing and man with SaltireImage source, PA / Getty / BBC
    Image caption,

    Minimum pricing, Alan Turing and independence support will feature in topical questions.

    The Scottish government will then lead a debate entitled ‘Building a Fairer Scotland – It takes all of us’. 

    The member’s debate focuses on the volunteers who keep our train stations clean and lovely, by adopting a station.

  4. That concludes the COPFS evidence sessionspublished at 12:21 British Summer Time 25 October 2016

    Margaret Mitchell MSP
    Image caption,

    Committee Convener Margaret Mitchell

    That concludes the COPFS evidence sessions.

  5. Law Society of Scotland says internet poverty is criticalpublished at 12:08 British Summer Time 25 October 2016

    Michael Clancy from the Law Society of Scotland says internet poverty is critical.

    Michael Clancy from the Law Society of Scotland

    Mr Clancy says engaging victims and witnesses will require the application of technology.

    He says there will be a high use of technology by those in the justice system and for those whose engagement is more periodic, "we need to up the game".

  6. COPFS evidence session continues....published at 12:03 British Summer Time 25 October 2016

    Committee Convener Margaret Mitchell
    Image caption,

    Committee Convener Margaret Mitchell

    Committee Convener Margaret Mitchell says this evidence session is so important she wants it to run on past midday.

  7. Closure of Haddington Sheriff Court has had a 'massive impact'published at 11:52 British Summer Time 25 October 2016

    Campaigners failed to save Haddington Sheriff CourtImage source, bbc
    Image caption,

    Campaigners failed to save Haddington Sheriff Court

    Stephen Mannifield from the Edinburgh Bar Association says the closure of Haddington Sheriff Court has had a "massive impact".

    Mr Mannifield says Edinburgh Sheriff Court is now dealing with all the more serious cases for Edinburgh and East Lothian since the closure of Haddington. 

    He says overloading of trials courts is a problem.

    Liam McAllister from Aberdeen Bar Association also highlights the impact of the closure of Stonehaven.

  8. Bar associations complain about centralisation of communicationpublished at 11:48 British Summer Time 25 October 2016

    Stephen Mannifield, President, Edinburgh Bar Association says the switchboard is a barrier to getting through to a depute fiscal.

    Mr Mannifeild says the hotline does not seem to serve any purpose.

    Bar associations complain about centralisation of communicationImage source, bbc
    Image caption,

    Bar associations complain about centralisation of communication

    In the submission from the Glasgow Bar Association it says:

    • there are often insurmountable difficulties for defence solicitors trying to actually speak to a depute
    • a defence solicitor requires to phone a call centre dialling an expensive business rate 0844 number to ask to speak to a procurator fiscal
    • it is not unusual to be told there are no deputes available 
    • the procurators fiscal themselves, when contact is achieved, either in person or by phone have no difficulty whatsoever in releasing their direct dial numbers

    Liam McAllister from the Aberdeen Bar Association agrees and says centralisation of communication does not work.

    He says procurator fiscals want to interact with defence lawyers.

  9. Policies too 'rigid' and apply to everyone no matter their backgroundpublished at 11:44 British Summer Time 25 October 2016

    Stephen Mannifield from the Edinburgh Bar Association says a 70-year-old man with no previous convictions and no history of call-outs may be overheard having an argument with his wife by neighbours and if the police are called and come out it will be classed as a domestic incident.

    Police

    Mr Mannifield says that the policy is that the man will be arrested and if it is a Friday night he will spend the weekend behind bars before appearing in court.

    He says, someone with a history of domestic violence may get arrested on Glasgow on a Friday night after a violent altercation and the police may release that person under caution.

    He says the problems with "rigid policies" is that they apply to everyone no matter their background.

  10. Trial delays can lead to the end of trial prosecutionspublished at 11:32 British Summer Time 25 October 2016

    Stephen Mannifield from the Edinburgh Bar AssociationImage source, bbc
    Image caption,

    Stephen Mannifield from the Edinburgh Bar Association

    Stephen Mannifield from the Edinburgh Bar Association says the lack of resource facing the COPFS is key.

    Mr Mannifield says trial delays, due to some witnesses not being cited, can lead to the end of prosecutions.

  11. Here's the response from the presiding officer to being appointed to the Privy Councilpublished at 11:27 British Summer Time 25 October 2016

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  12. Our colleague is looking ahead to topical questions......published at 11:26 British Summer Time 25 October 2016

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  13. 'Incipient crisis'published at 11:24 British Summer Time 25 October 2016

    Michael Clancy from Law Society of Scotland highlights issues being raised by experts, with one saying there is an "incipient crisis".

  14. GPs often want a higher fee to provide accused's medical reportpublished at 11:22 British Summer Time 25 October 2016

    Stephen Mannifield says there is a set fee for getting a medical report from an accused's GP.

    Mr Mannifield says it is becoming increasingly common for GPs to refuse to do it for that fee.

  15. 88,000 cases prosecuted each year in the Sheriff Courtpublished at 11:20 British Summer Time 25 October 2016

    Stephen Mannifield from the Edinburgh Bar Association says it is always a question of finite resources.

    Mr Mannifield says there is a good quality of prosecutors across Scotland but they must be allowed to do their jobs to the fullest. 

    Stephen Mannifield from the Edinburgh Bar Association
    Image caption,

    Stephen Mannifield from the Edinburgh Bar Association

    Michael Clancy, Director of Law Reform, Law Society of Scotland says the procurator fiscal deputes are dedicated individuals who work hard.

    Mr Clancy says there are 88,000 cases prosecuted each year in the Sheriff Court with a fall in budget.

  16. Deputes must be allowed to channel their intellect and critical skillpublished at 11:18 British Summer Time 25 October 2016

    Liam McAllister from the Aberdeen Bar AssociationImage source, bbc
    Image caption,

    Liam McAllister from the Aberdeen Bar Association

    Liam McAllister from the Aberdeen Bar Association says the fundamental point for an effective COPFS is for the discretion of deputes to be allowed to channel their intellect and critical skill.

    This in a court where there is sometimes a fearsome judge breathing down their neck. 

    Mr McAllister says young lawyers are often thrown into courts.

  17. Lack of resources 'extremely concerning'published at 11:17 British Summer Time 25 October 2016

    Linsey McPhie from the Glasgow Bar Association says it is extremely concerning that standard summary cases are being badly impacted upon by a lack of resources.

    Linsey McPhie from the Glasgow Bar Association

    Ms McPhie says caseworkers are trying to deal with a number of complex and difficult cases at the one time.

    She says these cases can involve a number of complexities such as child witnesses and these difficulties are being overlooked at the moment. 

  18. Second evidence session gets underwaypublished at 11:09 British Summer Time 25 October 2016

    Committee Convener Margaret Mitchell gets the second evidence session underway:  Liam McAllister, President, Aberdeen Bar Association; 

    • Paul Nicolson from Airdrie Society of Solicitors; 
    • Stephen Mannifield from the Edinburgh Bar Association; 
    • Lindsey McPhie from the Glasgow Bar Association; 
    • Michael Clancy from the Law Society of Scotland  
  19. In othere Holyrood news: Ken Macintosh is appointed to the Privy Councilpublished at 11:04 British Summer Time 25 October 2016

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  20. Call for precognition for victims giving evidencepublished at 11:03 British Summer Time 25 October 2016

    Susan Gallagher from Victim Support Scotland

    Susan Gallagher from Victim Support Scotland says precognition helps victims give evidence and when they have spoken to no-one before giving evidence some are "terrified".

    Ms Gallagher says the lack of precognition is about resource and the volume of cases coming in now.