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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 16 March 2026
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Displaying 1221 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Katy Clark

I appreciate that we are coming to the end of the parliamentary session, but it would be helpful if you could provide us with more information about that, because we know from previous experience that that support is often not in place.

I also have a question about victim notification, which relates to some of the issues that Pauline McNeill explored with regard to the complexity of the system and the fact that victims—and others who have been impacted by the offender’s behaviour—need to rely on the information that they have. They are often very aware of what they understand is going to happen. The proposed releases will move the goalposts, because the release dates are changing. I understand your point that people do not understand how sentencing works, but what work is being done to ensure that not only victims, but others who might be impacted, will be aware of the changes?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Katy Clark

I understand all the points that you are making, but there were very few notifications about the previous early releases, because very few of the victims were registered. From the figures that you have given, it looks as though we will be in a similar position again. I do not know whether Linda Pollock wants to come in.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Katy Clark

I welcome that.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Katy Clark

Is it fair to say that, again, that is work for the future? With regard to the proposed releases that we are considering today, from the figures that you have given, the reality is that most of the victims will not be registered. Is that a fair point?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Katy Clark

The figures that have been provided suggest that there is currently a very low level of registration. Is that a fair point?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Katy Clark

We strongly support the need for long-term change and will support all efforts to make sure that we have a robust range of alternatives to custody available across the country, because, for many offenders, they represent a more effective approach.

On the particular issues that we are looking at today, can you say a little more about the package that will be put in place around the proposed releases? When there have been such releases in the past, there has sometimes been poor planning. I know that some work has been done on that. We also know that all the evidence seems to suggest that the better the planning that is put in place over a period, the more likely it is that the person will not reoffend. Liam Kerr spoke about reoffending rates. Can you say a bit more about the planning for the package of support that will be available?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 March 2026

Katy Clark

I am not attempting to reopen that debate—I am just trying to get a snapshot of where we are now. Given that very few victims are notified at the moment, it is likely that victims will be notified in only a small percentage of the proposed early releases.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Katy Clark

:Thank you.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Katy Clark

Cabinet secretary, if the instrument passes, it might create a situation in which there are different definitions of sex in different parts of the Hate Crime and Public Order (Scotland) Act 2021 due to the use of the terms “sex” and “biological sex”. Do you agree?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 25 February 2026

Katy Clark

:Does the Scottish Government have a view on how “sex” should be interpreted in relation to sexual orientation? Would having the provision on sex in the SSI interpreted as referring to biological sex mean that the interpretation of “sex” that is used elsewhere in the 2021 act would become uncertain? Is the Scottish Government saying that “sex”—whether described as “biological sex” or simply “sex” throughout the 2021 act—is to be defined in accordance with the Supreme Court judgment as meaning biological sex?