The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
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Criminal Justice Committee [Draft]
Meeting date: 25 February 2026
Audrey Nicoll
Rona Mackay is next, followed by Jamie Hepburn, and then we will have to move on.
Criminal Justice Committee [Draft]
Meeting date: 25 February 2026
Audrey Nicoll
Do members have any points that they wish to make?
Criminal Justice Committee [Draft]
Meeting date: 25 February 2026
Audrey Nicoll
Our next item of business is an evidence-taking session on a supplementary legislative consent memorandum, LCM-S6-57c, for the United Kingdom Government’s Crime and Policing Bill.
The Cabinet Secretary for Justice and Home Affairs remains with us for this item, and she is joined by her Scottish Government officials: Yvonne Edmond, international justice co-operation team; Kristy Adams, organised crime unit; Patrick Down, criminal law, procedure and sentencing team; and Siân Morland, child protection unit—a warm welcome to you all.
I refer members to paper 3. I intend to allow up to 25 minutes for this item, and I invite the cabinet secretary to make some opening remarks on the LCM.
Criminal Justice Committee [Draft]
Meeting date: 25 February 2026
Audrey Nicoll
I share members’ disappointment that the misogyny bill has not been introduced, given the extent to which the work of Baroness Helena Kennedy and the working group was applauded and supported. I note that the Kennedy report says that the idea
“of creating a … stand-alone offence based on misogyny … was finding favour with many women in Scotland and elsewhere, because hate crime legislation is principally designed to protect minorities, and women are not a minority.”
The report goes on to acknowledge the extent of the work that has already been done in Scotland, particularly on tackling crimes of rape, sexual offences and domestic abuse. However, it goes on to say that
“many potentially protective laws are hidden away in myriad pieces of legislation and some behaviours are so normalised that”
the current law can fail to act.
For the record, I am supportive of any work that can be done to ensure that the misogyny bill as previously drafted can be brought back in the next session of the Parliament.
The cabinet secretary has already moved her motion, so the question is, that motion S6M-20601 be agreed to.
Motion agreed to,
That the Criminal Justice Committee recommends that the Hate Crime and Public Order (Scotland) Act 2021 (Characteristic of Sex) (Amendment and Transitional Provisions) Regulations 2026 [draft] be approved.
Criminal Justice Committee [Draft]
Meeting date: 25 February 2026
Audrey Nicoll
Thank you; that report will be published shortly.
We will have a short suspension and comfort break before we move on to our next item of business.
10:54
Meeting suspended.
11:02
On resuming—
Criminal Justice Committee [Draft]
Meeting date: 25 February 2026
Audrey Nicoll
There will be a very brief suspension to allow for a change of officials.
11:18
Meeting suspended.
11:22
On resuming—
Criminal Justice Committee [Draft]
Meeting date: 25 February 2026
Audrey Nicoll
Good morning and welcome to the eighth meeting in 2026 of the Criminal Justice Committee. We have received no apologies this morning.
Our first item of business is an oral evidence-taking session on an affirmative instrument. We are joined by the Cabinet Secretary for Justice and Home Affairs, who is supported by Patrick Down, criminal law, procedure and sentencing team, and Jasmin Hepburn, legal directorate, from the Scottish Government. Welcome to you all.
I refer members to committee papers 1 and 2, and I thank everyone who has provided written submissions. I intend to allow up to 60 minutes for the item.
I invite the cabinet secretary to make some opening remarks on the Scottish statutory instrument.
Criminal Justice Committee [Draft]
Meeting date: 25 February 2026
Audrey Nicoll
Thank you. I invite questions from members. We will start with Liam Kerr.
Criminal Justice Committee [Draft]
Meeting date: 25 February 2026
Audrey Nicoll
I will pick up on the points that you set out with regard to the time that Police Scotland will require to put training in place and develop guidance and policy. I know from experience that responding to hate crime as an operational officer is not necessarily straightforward. It can sometimes be difficult to distinguish between a hate crime and an ordinary criminal act, if there is such a thing. Investigations can also be complex and often merit a partnership response.
Will the cabinet secretary set out a little bit more about plans for training not just for police officers and staff, but for individuals who work in the wider stakeholder space who might have a role in a whole-system response to a hate crime being perpetrated, particularly—assuming that the SSI is agreed to—where the characteristic of sex is appropriate?
Criminal Justice Committee [Draft]
Meeting date: 25 February 2026
Audrey Nicoll
Our next item of business is an oral evidence session on a draft affirmative instrument, the Early Removal of Prisoners from the United Kingdom (Amendment of Specified Time Periods) (Scotland) Order 2026.
Joining the Cabinet Secretary for Justice and Home Affairs are David Doris of the prison policy team and Hannah Hutchison of the legal directorate, both from the Scottish Government. I welcome them and refer members to paper 4. I will allow around 20 minutes for this item of business and I invite the cabinet secretary to make some opening remarks.