Christine Grahame: I, too, have read the submission from the senators, both those in favour and those against. I am not quoting, but I will paraphrase it. The evidential difficulty that most alleged victims and the accused were in a relationship, sometimes even after the alleged crime, may be an influence on the low conviction rate, no matter what we do. The right to a fair trial under the European convention...
Christine Grahame: 4. To ask the First Minister what the Scottish Government’s response is to the report by Andrew Webster QC into the handling by Scottish Borders Council of school assault allegations, in particular those relating to the abuse of vulnerable children in the Tweeddale support unit. (S6F-00842)
Christine Grahame: In his answer to Rachael Hamilton, the minister stated that any allegations of sexual abuse of young players in Scotland should be referred immediately to Police Scotland. Does he agree that the Scottish Football Association should not take any investigatory role in these matters, as there may well be a conflict of interest, and that any referrals to the SFA should be immediately referred to...
Christine Grahame: ...that, for the first time, we set out in statute what directions judges must give to juries in certain cases. If evidence is led about an apparent delay in reporting or telling anyone about an alleged sexual assault, the judge must direct the jury that there may be good reasons for the delay. In addition, if evidence is led about an apparent absence of physical resistance to an alleged...
Christine Grahame: ..., we set out in statute what directions judges must give to juries in certain cases. To put the matter broadly, if evidence is led about an apparent delay in reporting or telling anyone about an alleged sexual assault, the judge must direct the jury that there may be good reasons for the delay. In addition, if evidence is led about an apparent absence of physical resistance to an alleged...
Christine Grahame: I did not. One of the other issues is that there is no right of appeal. If someone appeals, they are appealing to the very people who are putting the alleged charge on them. I very much agree with Murdo Fraser. I hope that the minister will consider regulating the issue through legislation so that we all—the parking companies and the public—know where we are, so that it is clear that...
Christine Grahame: ...cent of those who are entitled to vote and who get something like £80,000 to £100,000 a year, and all the staff who come with that. Of course the arrangements here have not been perfect, but to allege that we in this Parliament have not scrutinised the police over two years is frankly wrong.
Christine Grahame: I thank the First Minister for her answer. However, in 2005, following reports that, inter alia, there had allegedly been seven rendition flights by the Central Intelligence Agency through Wick and Inverness airports, the Danish Government denied the CIA the use of its airports, and yet the UK Government and the then Scottish Executive, which incidentally owned both airports, did nothing. The...
Christine Grahame: ...in our day-to-day work. For example, in considering the Victims and Witnesses (Scotland) Bill, we had to balance protection of witnesses—in particular, vulnerable witnesses and often the alleged victim—with the rights of the accused to a presumption of innocence and to be convicted on evidence beyond reasonable doubt, with the onus on the Crown to establish that guilt. How far, for...
Christine Grahame: ...high regard for his skills during his time in post as Cabinet Secretary for Justice and before that, when he had Graeme Pearson’s job as a shadow minister. I have considered the skills of the alleged cabinet secretary in waiting. It seems to me that Graeme Pearson is a one-trick pony, unable to focus on anything but his former colleagues. He did not lead for Labour in yesterday’s...
Christine Grahame: .... Going back to the general requirement for corroboration, I should not have to say this but I will say it anyway: corroboration does not mean the requirement for an eyewitness other than the alleged victim. Some witnesses argued that removing the corroboration requirement would achieve “access to justice” for more victims of crime by allowing more victims of rape, sexual offences and...
Christine Grahame: ...of the bill refers to a victim as someone “who is or appears to be a victim”. We must always remember that, until court proceedings are concluded and the case is proven, the prime witness is an alleged victim. They might be a victim to the police and to everybody else but, in court, they are the alleged victim. That is important. We are maintaining the principle of being innocent until...
Christine Grahame: ...interesting. Some witnesses can be tough cookies—they will know the inside of court like the back of their hand, possibly better than the judge or the sheriff—so we must not think that all alleged victims or witnesses are sweet little people. However, it is important that we protect those who are by far the majority: the people who never thought that they would be in court but find...
Christine Grahame: ...the sheriff courts and the High Court. I hardly need to say that corroboration does not mean two witnesses. Indeed, corroboration can come from the same source. For example, corroboration for an alleged rape victim can come from his or her demeanour, which may be emotional or psychological. As I understand it, the law of corroboration is very broad. The Conservative motion is correct in...
Christine Grahame: ...that the construction of the Flodden wall was begun. It is possible to see a bit of it just up the road by turning left at the lights to the Pleasance. James’s burial place is unknown, but it is alleged that three artefacts—a sword, dagger and a turquoise ring—that belonged to him were taken from the battlefield. Those are currently in the custody of Mr Cheesman, who is Richmond...
Christine Grahame: ...secretary and other members said. However, I say to Annabel Goldie that I welcome the discounting of the partner’s income in special circumstances, such as when the partner is a witness to or alleged victim of the crime. It would be most unjust to include the partner’s income in such circumstances. The Law Society broadly welcomed the Government amendment in that regard.
Christine Grahame: As it is not seemly—to put it mildly—for the issue to be trailed in the media, with alleged quarrels over who is to be in charge of backroom staffing and information technology, will the First Minister confirm that issues of the framework and demarcating the functions of the SPA and the chief constable will be resolved soon, and that we can be confident that operational policing is solely...
Christine Grahame: ...is a reasonable doubt.” That is terribly important. Let us take the oft-quoted example of how no longer needing corroboration would lead to an increase in successful prosecutions in cases of alleged rape. I say to Margo MacDonald that we cannot say that we do not need corroboration for one crime and that we will park the others. In some respects, a serious sexual assault can be far worse...
Christine Grahame: ...support should run not only through to the discharge of the prisoner—if proved guilty—but for a period thereafter. However, I have a caveat—it must always be remembered that the victim is the alleged victim and will be the prime witness until the case is proved beyond reasonable doubt by the Crown with a presumption of innocence. Sometimes we are sloppy in the use of language and we...
Christine Grahame: ...question that I ask myself is, “Who is a victim?” The division of people into the categories of witnesses and victims can be artificial, because on many occasions the prime witness will be the alleged victim. I use the word “alleged” because, at that stage of court proceedings, the person is not actually regarded as the victim. It is a difficult definition to accept, but that is a...