Summary

  • MSPs take evidence on the proposed BTP merger with Police Scotland from witnesses including BTP Chief Constable Paul Crowther

  • Ministers are quizzed during topical questions on Police Scotland and alcohol pricing

  • An update for the funding of childcare expansion is provided

  • The Scottish government leads a debate entitled 'Success of the Commonwealth Games"

  • MSPs debate the Civil Litigation (Expenses and Group Proceedings) (Scotland) Bill for the final time

  • Kezia Dugdale leads a members’ debate on ‘Support for Rape Crisis Centres and Prosecutions'

  1. 'We cannot simply trump the rights of the individual in the wider interest'published at 17:40 British Summer Time 1 May 2018

    Labour MSP Daniel JohnsonImage source, bbc
    Image caption,

    Labour MSP Daniel Johnson

    Labour MSP Daniel Johnson says he has huge concerns about the Crown's policy and he supports Kezia Dugdale's call for a pause and for the implementation of her five point plan.

    Mr Johnson says, above all else, the conviction rate must be improved.

    He says: "We cannot simply trump the rights of the individual in the wider interest."

    The Labour MSP says it is vital that any policy has trust.

  2. Background: Rape victim says court case was like 'memory test'published at 17:38 British Summer Time 1 May 2018

    Media caption,

    'Giving evidence at my rape trial was very intimidating'

    Cathryn Coutts was raped in Edinburgh's Greyfriars kirkyard in November 2009 but it took years to get a DNA match and identify her attacker.

    The case came to court last summer, almost eight years after the night of the attack.

    Cathryn says that after so long it felt like a "memory test" and that waiting in court was like "hell".

    "All of a sudden after all these years here it was again, back at the front of my mind," she says.

    "I would try night after night to remember but nothing was coming back to me."

    She says reliving the experience in court was "just an awful feeling".

    "You just want it over with," she says.

    Read more about Cathryn's experience.

  3. Balance must be struck around interests of victims and public, says Tory MSPpublished at 17:36 British Summer Time 1 May 2018

    Tory MSP Margaret Mitchell
    Image caption,

    Tory MSP Margaret Mitchell

    Tory MSP Margaret Mitchell says it is essential for COPFS to be able to prosecute in the public interest.

    Compelling witnesses to give evidence is a long-standing capability but this is the first time it has been put into formal documentation regarding rape cases, she explains.

    There is a balance to be struck between the interests of the complainer and the wider public interests, she says.

    Ms Mitchell calls for the necessary support to be put in place to ensure rape victims feel able to come forward and give evidence.

    The Tory MSP expresses concern about funding not being increased for rape crisis centres, specifically referring to the one which covers north and south Lanarkshire in her own region.

  4. Background: Scottish rape conviction rate drops to 39%published at 17:35 British Summer Time 1 May 2018

    Women in distressImage source, Getty Images

    The conviction rate for rape and attempted rape in Scotland has fallen to its lowest level in eight years, according to new figures.

    The latest official statistics, external show 39% of those taken to court were found guilty, down from 49% in the previous year.

    The conviction rate is the lowest since 2008/09 when it was 37%.

    The 2016/17 figures show a 16% rise in court proceedings from the previous year (251) but a drop in convictions.

    Although those convicted dropped from 105 to 98, this was still double the number of a decade ago (49) when far fewer cases made it to court.

    Read more here.

  5. SNP MSP says policy would only be used in exceptional circumstancespublished at 17:33 British Summer Time 1 May 2018

    SNP MSP Ruth MaguireImage source, bbc
    Image caption,

    SNP MSP Ruth Maguire

    SNP MSP Ruth Maguire says when she first read about this policy she was shocked.

    Ms Maguire says the briefing of the Lord Advocate and Solicitor General provided some assurance.

    She says the safety and wellbeing of women are fully at the forefront of Ms Di Rollo's thinking.

    The SNP MSP says the Solicitor General said the policy would only ever be used in exceptional circumstances.

  6. Background: Rape victims 'should not attend court' says Scotland's top judgepublished at 17:31 British Summer Time 1 May 2018

    Media caption,

    Judge's ultimate goal is for rape victims to avoid courtroom evidence

    Scotland's most senior judge has said victims of rape and sexual assault should not have to appear in court.

    Lord Carloway told the BBC his "ultimate objective" was for alleged victims to be able to give filmed statements within 24 hours.

    The judge also said their cross-examination should take place well before the trial and away from court.

    Senior defence advocates warned that a fair trial involved being able to properly test a victim's evidence.

    Leading QC Derek Ogg said he was in favour of treating witnesses and victims as humanely as possible but the defence counsel must maintain the right to test evidence by cross-examination.

    Read more here.

  7. 'This policy must be scrapped'published at 17:29 British Summer Time 1 May 2018

    Labour MSP Rhoda GrantImage source, bbc
    Image caption,

    Labour MSP Rhoda Grant

    Labour MSP Rhoda Grant agrees with Ms Dugdale and says the Crown policy further demeans those already at a low ebb and adds that it will lead to fewer prosecutions.

    Ms Grant warns against "victim blaming" and says victims must be protected against "vicious lawyers".

    The Labour MPs says it is unbelievable that someone could report they have been raped but could end up in jail because they are too overwhelmed.

    This could lead to breakdown or even suicide, the Labour MSP says.

    "This policy must be scrapped."

  8. Postpublished at 17:25 British Summer Time 1 May 2018

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  9. Call for rape complainers to no longer give evidence in courtpublished at 17:24 British Summer Time 1 May 2018

    Ms DugdaleImage source, bbc

    Ms Dugdale says rape complainers should not have to give evidence in court, rather it should be pre-recorded.

    The Labour MSP says she was delighted to hear Lord Carloway back this on the radio this morning.

    She says she does not doubt the Crown's intentions but the belief of campaigners is that this policy will have the opposite affect and she urges the government to think again.

  10. Background: Rape victims who won't testify may face jail under controversial policypublished at 17:22 British Summer Time 1 May 2018

    Warrants will only be sought for rape victims who refuse to give evidence in court in "the most exceptional of circumstances", the Solicitor General has said.

    Alison Di Rollo said that while the Crown Office could not rule out the possibility that a witness warrant may be required, such a situation has not arisen in her decade of prosecuting rape cases in the High Court.

    Rape Crisis ScotlandImage source, bbc
    Image caption,

    Rape Crisis Scotland

    Scotland's second most senior law officer was responding to questions from MSPs over new guidance on how the Crown Office deals with reluctant complainers in cases of rape and other serious sexual offences.

    The guidance means complainers who try to withdraw from cases may be compelled to testify where prosecution is deemed to be in the public interest.

    Rape Crisis Scotland, external, Scottish Women's Aid, external and Engender, external have all criticised the move, stating issuing warrants for the arrest of victims would reduce confidence in the system.

    Click here for the letter from Rape Crisis Scotland to the COPFS expressing 'significant concern' and calling for the policy to be reconsidered.

  11. Ms Dugdale tells story of rape victim faces with possibility of facing perpetrator in courtpublished at 17:19 British Summer Time 1 May 2018

    Ms Dugdale highlights a Scottish government report published last year which found victims believe the court process is "utterly humiliating".

    The Labour MSP goes on to detail one specific case of a rape victim, that she has checked with the Parliament that is not sub judice.

    Kezia Dugdale

    The police were called for the victim and that was not a decision made by herself after the rape. She was awake for 48 hours from then while she gave statements.

    Later, she was told the perpetrator had been released on bail and the courts would be in touch regarding a trial.

    This was the first time the possibility of going to trial hit her, and she wondered: "How will I be strong enough to answer questions?"

    When the victim was told it would be possible to withdraw from the process if she needed to, she described a sense of relief.

    But when she was alerted to the change in policy and it because clear she might be forced to give evidence, she immediately panicked.

    The victim has said that, if she was to go back to the point of the police first being contacted, knowing she would be unable to withdraw from facing her attacker in court, she might not have reported the crime at all.

  12. Background: Rape victim policy change criticisedpublished at 17:13 British Summer Time 1 May 2018

    A new policy which could compel reluctant rape victims to give evidence has been criticised by a charity.

    Prosecutors have been reviewing the way they deal with reluctant complainers in rape cases and have produced new guidance.

    But Rape Crisis Scotland said issuing warrants for the arrest of victims who do not wish to testify in court would reduce confidence in the system.

    Women in distressImage source, Getty Images

    The Crown Office said it consulted with stakeholders before making the change.

    The new policy has already come into force.

    The Crown Office said it would take into account the attitude of the complainer and the individual circumstances in serious sexual offence cases.

    It has insisted it will try to re-engage and support victims but has admitted that in some cases it will compel them to give evidence even if they are reluctant.

    Read more here.

  13. Labour MSP says Solicitor General wrong on compulsion of reluctant complainers policypublished at 17:11 British Summer Time 1 May 2018

    Labour MSP Kezia DugdaleImage source, bbc
    Image caption,

    Labour MSP Kezia Dugdale

    Labour MSP Kezia Dugdale says this is a critically important issue and highlights the five point plan from Rape Crisis Scotland and calls for it to be implemented.

    Ms Dugdale calls for the recent change of policy by the Crown Office and Procurator Fiscal Service (COPFS) on compelling reluctant complainers in rape cases to give evidence to be reconsidered.

    She says rape crisis centres are under immense pressure.

    The Labour MSP says she is delighted to see the Solicitor General in place, saying she is an impressive lawyer but adds she believes she is wrong of this.

  14. Postpublished at 17:11 British Summer Time 1 May 2018

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  15. Postpublished at 17:09 British Summer Time 1 May 2018

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  16. Call to address reasons complainers feel unable to continue with justice processpublished at 17:07 British Summer Time 1 May 2018

    Ms DugdaleImage source, bbc
    Image caption,

    Ms Dugdale

    Ms Dugdale will also highlight calls for the Lord Advocate to reconsider this policy and to engage with Rape Crisis Scotland to ensure that COPFS’s approach is informed by the needs and experiences of rape complainers.

    The calls to redouble efforts in addressing the reasons that complainers feel unable to continue with the justice process are also highlighted in the Labour MSP's motion.

    She also will put pressure on the Scottish government to ensure that all rape crisis centres in Scotland receive adequate and sustainable funding to facilitate survivor engagement with the criminal justice system and meet their support needs.

  17. Here's the motion.........published at 17:05 British Summer Time 1 May 2018

    MotionImage source, Scottish Parliament
  18. Next... a member's debate on support for rape crisis centres and prosecutionspublished at 17:04 British Summer Time 1 May 2018

    Labour MSP Kezia DugdaleImage source, bbc
    Image caption,

    Labour MSP Kezia Dugdale

    Labour MSP Kezia Dugdale will now lead a member's debate entitled 'Support for Rape Crisis Centres and Prosecutions.

    Ms Dugale will highlight the recent change of policy by the Crown Office and Procurator Fiscal Service (COPFS) on compelling reluctant complainers in rape cases to give evidence and the opposition that this has attracted from charities that work directly with survivors.

    She will raise concerns that this change in policy could jeopardise both the wellbeing of survivors and their access to justice.

  19. MSPs agree both amendments and motion on Commonwealth Games debatepublished at 17:02 British Summer Time 1 May 2018

    Just some of Scotland's medal winners....Image source, bbc
    Image caption,

    Just some of Scotland's medal winners....

    Motions and amendmentsImage source, Scottish parliament