Hansard

I am delighted to open the debate on the general principles of the Post-mortem Examinations (Defence Time Limit) (Scotland) Bill. The bill has been a long time in the making. I began it quite some time ago, in 2016, following a meeting with my constituent Pamela Munro, whose 15-year-old daughter, Paige, was murdered on 19 March 2016. Despite the charging of a suspect within a week of Paige’s death, a defence post-mortem examination was not held until 15 April, and her body was released to her family on 18 April—30 days after her murder. There was no transparency in the procedure. That caused a great deal of distress to Paige’s family, who lost the chance to properly say goodbye to her.

The anguish and pain that they experienced is, thankfully, unimaginable to most of us. However, it is my belief that there is no reason why any family should have to live with such uncertainty over when the body of their loved one will be released following a murder. Even one such incident is, in my view, totally unacceptable. I therefore propose in my bill simple measures to increase transparency in the system, to help families to better understand what is happening, and to lead ultimately, I hope, to the faster release of the bodies of the deceased.

When a person dies in suspicious circumstances, a post mortem examination is carried out for the Crown Office and Procurator Fiscal Service, usually within a few days of the death. There is also scope for a further post mortem examination, known as a defence post mortem, to be carried out on behalf of an accused.

There is no time limit within which a defence post mortem must be instructed or take place. The bill would rectify that by introducing an extendable 14-day time limit in which a defence post mortem examination could be instructed. The time period would begin from the day on which the defence team received the result of the Crown post mortem examination. If the defence team needed more than 14 days to decide whether a further PME was needed, it would be able to apply to the court for an extension. It could do so more than once. Such an approach would protect the accused person’s right to a fair trial. The defence would have to give reasons each time it applied for an extension. That should be a spur to action, reducing the likelihood of long delays.

Members will be aware that, due to time constraints, the Justice Committee was unable to reach a view on whether it supported the general principles of the bill. In its response to the committee’s stage 1 report, the Scottish Government, too, did not give a definitive view.

Since the report was published, the Cabinet Secretary for Justice and the Lord Advocate have expressed concerns about the bill. It is unfortunate that those concerns seem to be based largely on a misunderstanding of what the bill is trying to do and how it would work. For example, the Lord Advocate and cabinet secretary suggested that the 14-day time limit would be insufficient, as it takes about that time to make available the findings of a Crown Office PME. My intention was always that the 14-day time limit would begin only after the initial findings of the PME had been made available to the defence, to allow the defence 14 clear days to make an informed decision. I believe that that is exactly what the bill would achieve, but, if there is any doubt on that score, I am open to amending the bill at stage 2 to put the matter beyond doubt.

I acknowledge that the Crown Office has put in place a protocol with the aim of minimising delays and improving information sharing. I have supported the protocol and I am on record as welcoming its introduction. However, the protocol is not binding and, in the long term, a change of leadership or approach might mean that it is not observed. Rules on timescales for defence PMEs must be put in statute, to ensure that they continue in the long term.

It is unfortunate that there is a dearth of forensic pathologists in Scotland, which leads to delays in the carrying out of defence PMEs. I do not deny that that is a major problem that needs to be addressed, but I do not see how that could be done through legislation. Work to increase the number of forensic pathologists could complement my bill and should not be a substitute for it.

As I said, the bill has not been subjected to the full scrutiny that we, in the Parliament, expect to take place at stage 1, but that is not a reason to reject it at stage 1. There is scope for further scrutiny to be undertaken at stage 2, so I urge members to consider the bill’s merits and what it is trying to achieve and to give it the benefit of the doubt at decision time tonight.

I thank everyone who has supported the bill. I move,

That the Parliament agrees to the general principles of the Post-mortem Examinations (Defence Time Limit) (Scotland) Bill.