Chamber and committees

Next, I want to ask about section 39(6), which allows the Scottish ministers to amend by regulation both the definition of sexual offences in section 39(5) and the list of sexual offences in schedule 3 to the bill. That gives me cause for concern, particularly since a justice committee of the Parliament in 2009 did a reform of the crime of rape. It seems extraordinary that we do not have primary legislation for such changes, but anyway, I ask you to speak to that.

Interestingly, I do not know whether it is connected, but section 46, on where the case is tried, allows the accused to apply for the case to be heard in a different court.

It appears so, because under section 45 it says that the prosecutor, the defence or even the sole application of the accused can ask, “on cause shown”, for a transfer to another court.

Then there are two distinct measures here. One is about what we do with juries with regard to trauma-informed practice, but there is also a distinct proposal for a single judge to sit. That is what my question is about. I am struggling to see how you could judge the effectiveness of that measure.

I understand that, yes.

Have we lost James Chalmers, or is he still with us?

My final question is for anyone, but I should ask you first, Simon Di Rollo, as you have a different perspective on the proposal for single-judge trials.

Given what has been said about the experiences that victims might have in front of a single judge, notwithstanding the fact that you might prefer a panel of judges—we are talking about there being no jury—would there be a need for single-judge trials and a specialist court? If a specialist court is about trauma-informed practice and making sure that the jury understands that there are myths about the crime of rape, do we need a specialist court and a single-judge arrangement? It seems to me that one might cancel out the other.

Can I stop you there? I am trying to get this straight in my head. That is a different question. How juries are directed or trained is an entirely different measure as to the outcome. A single-judge pilot is quite a different measure. Is that right?

That was very helpful.

Thank you.

In your submission, you talk about something that has not been mentioned until now—the use of pre-recorded evidence under section 28 of the Youth Justice and Criminal Evidence Act 1999.