Meeting of the Parliament (Virtual) 26 January 2021
Justice should be paramount in any criminal justice system and should have two ends: protection of the innocent, including victims of crime, and conviction of the guilty. Part of protecting the innocent is minimising the trauma caused to the innocent, such as by the death of a loved one.
The bill has commendable intentions and was well worthy of consideration. I recall clearly the conversation that I had with Gil Paterson towards the beginning of this parliamentary session, in which he set out to me his purpose in bringing the matter before Parliament, and I have no doubt of his sincere intentions in doing so.
A number of issues in the bill that is before us have rightly been pointed out as needing attention. I say “rightly” because, more so than headline politics, law is a matter of detail that directly affects the individual, particularly in traumatic circumstances. It is also key to a fair justice system that the accused individual and his counsel should have fair opportunity to a full and proper defence against charges brought by the Crown.
Evidence from the Faculty of Advocates reflected what appears to be a systemic lack, over many years, of forensic pathologists who are available and willing to carry out examinations and to prepare reports, which is an area that the Scottish Government is responsible for. The law can say what it likes, but it is ineffective without the proper training, organising and resourcing of the various roles found in a properly functioning criminal justice system. Realities on the ground need to be observed when it comes to legislation.
In the case of homicide, in particular—this view is shared across the justice system and several of its professional bodies—examinations can be complex and bringing charges can take a great deal of time. A two-week limit on a request for a second post mortem might be too short for an informed position to be reached. However, the Scottish Conservatives have called for reasonable limits as part of our victims’ law proposals, to improve victims’ situation through criminal justice reform.
The bill seeks to deal with one of many issues that require to be addressed—hopefully sooner, rather than later. It is unfortunate that it cannot be dealt with in this parliamentary session.
17:30