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Chamber

Meeting of the Parliament 28 January 2016

28 Jan 2016 · S4 · Meeting of the Parliament
Item of business
Abusive Behaviour and Sexual Harm (Scotland) Bill: Stage 1

The member may have misheard the point that I made. It was about research into how people react during a sexual offence or after such an offence has been committed. It did not relate to the issue that the member raised.

There is discretion for the judge as to whether a jury direction is needed. If, say, no issues are raised at trial relating to a delay in the reporting of a sexual offence, the jury direction is not required. Even where an issue relating to delay may have been heard in evidence, the judge does not have to give the direction if they consider that no reasonable jury would think that the issue of delay was material to whether the offence had been committed. The bill also provides for judicial discretion and flexibility to ensure that jury directions are required only where they are relevant to the case.

The new intimate images offence is designed to respond to concerns that, with advances in technology, the sharing of private intimate images without consent has become far more widespread in recent years. Such behaviour is unacceptable. Although we know that a number of existing laws can—in certain circumstances—be used to hold perpetrators to account, we consider that reform of the criminal law is needed. A specific offence is justified, and this offence will ensure that victims and perpetrators alike understand that this behaviour is criminal; that it is easier for law enforcement agencies to take action; and that, in future, it will be clearer that someone has committed such behaviour because a conviction for the specific intimate images offence will be recorded on their criminal record, rather than a more general offence. We agree with the views that have been expressed indicating that raised awareness and education about the dangers of inappropriate use of new technologies is important, especially among young people.

The introduction of a specific domestic abuse aggravator will ensure that, when sentencing, courts always give consideration to the fact that an offence is associated with domestic abuse. It will also improve the recording of such offences. The changes allowing for Scottish courts to hear certain child sexual offence cases that took place elsewhere in the United Kingdom will ensure that there is no hiding place for perpetrators.

We note that the stage 1 report indicates that the committee was not convinced of the benefits of the non-harassment order provisions. We consider that the small but important change in the bill to how criminal non-harassment orders operate will make it easier for protection to be put in place for victims of harassment. It will do so by allowing for a speedy response from the police to protect victims.

The final area of the bill relates to the use of civil orders to protect communities from sexual harm. The bill introduces sexual harm prevention orders and sexual risk orders. The primary purpose of those orders is the prevention of sexual harm. The reforms to the existing civil order regime will provide increased protection for adults and children from those who may commit sexual offences. Police Scotland is supportive of the reforms. Its clear view is that it would rather prevent a sexual crime than investigate and convict someone for that crime. We absolutely agree that these reforms will help with that aim.

It is appropriate that, as with the current system, there should be safeguards in place. Those safeguards include a measure stating that the independent court has to be satisfied that the civil orders are proportionate and necessary, and that an individual can appeal against the making or varying of an order. In addition, the Scottish Government’s policy intent is that the individual should be able to make oral representations to the court before an order is imposed. We are considering whether a small change at stage 2 is required to put that matter beyond doubt.

In the same item of business

The Deputy Presiding Officer (Elaine Smith) Lab
The next item of business is a debate on motion S4M-15441, in the name of Michael Matheson, on the Abusive Behaviour and Sexual Harm (Scotland) Bill. I invit...
The Cabinet Secretary for Justice (Michael Matheson) SNP
I thank the Justice Committee, the clerks to the committee and the people who gave evidence during stage 1 scrutiny of the Abusive Behaviour and Sexual Harm ...
Margaret Mitchell (Central Scotland) (Con) Con
Will the cabinet secretary confirm whether the research to which he refers includes actual jurors?
Michael Matheson SNP
The member may have misheard the point that I made. It was about research into how people react during a sexual offence or after such an offence has been com...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
The committee would very much welcome that change, as it was one of the committee’s recommendations. I think that there would have been issues with the Europ...
Michael Matheson SNP
The intention was always that the individual would have the right to make representations. To put the matter beyond any doubt, we are considering whether the...
The Deputy Presiding Officer Lab
Cabinet secretary, will you draw to a close?
Michael Matheson SNP
I welcome the committee’s support in its stage 1 report for the general principles of the bill. I move, That the Parliament agrees to the general principle...
The Deputy Presiding Officer Lab
Many thanks. I reiterate to members that there is no spare time in the debate. I call on Christine Grahame to speak on behalf of the Justice Committee. You ...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
I am pleased to speak on behalf of the Justice Committee, which has scrutinised the Abusive Behaviour and Sexual Harm (Scotland) Bill. I thank our witnesses ...
Elaine Murray (Dumfriesshire) (Lab) Lab
I thank the clerks, as well as the witnesses who gave written and oral evidence at stage 1. Two parts of the bill were more contentious than the rest: judi...
Margaret Mitchell (Central Scotland) (Con) Con
The Abusive Behaviour and Sexual Harm (Scotland) Bill is an important piece of proposed legislation, which seeks to address hugely vexing, emotive and, in so...
The Deputy Presiding Officer (John Scott) Con
We now move to the open debate. I ask for four-minute speeches, as we are tight for time. 16:04
Gil Paterson (Clydebank and Milngavie) (SNP) SNP
I rise to speak to one of the most significant sections of the bill: that relating to statutory jury directions in relation to sexual offences. I declare an...
The Deputy Presiding Officer Con
Please draw to a close, Mr Paterson.
Gil Paterson SNP
I have been asked to wind up, so I will just say that we need to educate jurors. Juries must have an open mind and judges giving jury directions will help to...
Malcolm Chisholm (Edinburgh Northern and Leith) (Lab) Lab
I welcome the bill. I will take each of its six main proposals in turn. I support the introduction of a domestic abuse aggravator, which will allow the rele...
The Deputy Presiding Officer Con
The member must draw to a close, please.
Malcolm Chisholm Lab
Time is running out. There is a great deal in the bill about the civil orders, and a little bit less about sexual offences committed elsewhere in the UK, but...
Christina McKelvie (Hamilton, Larkhall and Stonehouse) (SNP) SNP
A person knows what sexual and domestic abuse are if they have been a victim of either, but refining a specific set of criminal offences that can bring about...
Alison McInnes (North East Scotland) (LD) LD
I am pleased to speak after Christina McKelvie, as I know that she has campaigned long and hard on the issue, as I have. I thank the Government for introduc...
The Deputy Presiding Officer Con
You should draw to a close, please.
Alison McInnes LD
There are worryingly prevalent views, and if that is the picture across Scotland, it will be in jurors’ minds in the courtroom as they hear evidence and will...
Christian Allard (North East Scotland) (SNP) SNP
I add my thanks to the Justice Committee team—the clerks and members of the committee—for putting together the stage 1 report, and I thank the Scottish Gover...
The Deputy Presiding Officer Con
You must close, please.
Christian Allard SNP
I remind members that organisations such as Zero Tolerance, Rape Crisis Scotland, the Women’s Support Project, Scottish Women’s Aid, White Ribbon Scotland, E...
Margaret McDougall (West Scotland) (Lab) Lab
The Abusive Behaviour and Sexual Harm (Scotland) Bill is vital legislation that has been introduced to improve how the justice system responds to abusive beh...
Roderick Campbell (North East Fife) (SNP) SNP
I refer members to my entry in the register of interests, which says that I am a member of the Faculty of Advocates. The bill contains six distinct elements...
Hanzala Malik (Glasgow) (Lab) Lab
It is with interest that I speak about the Abusive Behaviour and Sexual Harm (Scotland) Bill, which aims to bring Scottish law up to date with changes in soc...
John Finnie (Highlands and Islands) (Ind) Ind
I, too, thank the witnesses for their thought-provoking written and oral evidence. I hope that they are reassured by the stage 1 report that their comments w...