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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 5 May 2021
  6. Current session: 12 May 2021 to 26 August 2025
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Displaying 3543 contributions

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Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 1 February 2023

Audrey Nicoll

Thank you very much, indeed, cabinet secretary. Some of those issues, particularly your last point on resourcing, will certainly be the subject of members’ questions.

Members, in the spirit of having a smooth session, please let us know which official you would like to bring in. That will allow us to press the right button and bring them in quickly.

My initial question touches on why changes should be made to the law on bail at all. That has come up during our evidence sessions. Are there no other options that could be considered that would still meet the objective of reducing the remand population? I note that the policy memorandum refers to the Criminal Justice Committee’s report “Judged on Progress”, in which we called for a reduction in the overall numbers held on remand and for alternative approaches to be considered. However, I think that it was the judiciary that set out that meaningful change in how custody is used would require specific legislative reform, and that is included in the policy memorandum. I note also that the Scottish Government consultation on the bill indicated that just under two thirds of respondents agreed that judges should refuse bail only where there are public safety grounds for doing so.

If we are seeking to reduce the remand population, can you outline a bit more about how the status of bail that is placed on somebody can be changed or improved so that it is more effective, as a community-based measure, in supporting both the person who is subject to that bail status and the wider public, particularly victims?

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 1 February 2023

Audrey Nicoll

Thank you. Fulton MacGregor, do you want to come back in? If not, I will come in with a question.

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 1 February 2023

Audrey Nicoll

That has taken us a little bit over our time. I thank the cabinet secretary and all his officials for joining us. That completes our public agenda items. We move into private session.

12:05 Meeting continued in private until 12:58.  

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 1 February 2023

Audrey Nicoll

Thank you. Okay.

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 1 February 2023

Audrey Nicoll

A very good morning and welcome to the fourth meeting of the Criminal Justice Committee in 2023. We have apologies from Pauline McNeill and Katy Clark.

Before we begin, I pay tribute to firefighter Barry Martin, who has sadly died following the tragic fire at the Jenners store in Edinburgh. On behalf of all members of the Criminal Justice Committee, I extend our deepest condolences to Barry’s family, his friends and all his colleagues in the Scottish Fire and Rescue Service. We know that he will be greatly missed.

Our first item of business is an oral evidence session on the Bail and Release from Custody (Scotland) Bill. We are joined by the Cabinet Secretary for Justice and Veterans and his officials. I welcome the cabinet secretary. His officials are joining us online, and I welcome Jennifer Stoddart, community justice division; Philip Lamont, criminal justice division; Linsay Mackay, criminal justice division; Ruth Swanson, legal directorate; and Jamie MacQueen, legal directorate. They are all with the Scottish Government. I refer members to papers 1 and 2. I intend to allow up to 90 minutes for this session. I invite the cabinet secretary to make a short opening statement, and then we will move to questions.

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 1 February 2023

Audrey Nicoll

We are just under 10 minutes away from the end of our scheduled time with you, cabinet secretary. I have a question on the release of long-term prisoners on a reintegration licence, which section 7 provides for. It provides for that in two situations: before and after the Parole Board has recommended release on parole. In relation to the second of those situations, we took evidence from John Watt, chair of the Parole Board for Scotland, who advised us that it would need a power to reverse its parole decision if an offender failed to comply with the conditions of release on a reintegration licence. Is there a plan to amend the bill to provide for that power?

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 1 February 2023

Audrey Nicoll

I will move things on and then come back to you, Fulton.

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 1 February 2023

Audrey Nicoll

Thank you. There will be more questions on that in due course. Collette, you would like to come in, followed by Fulton.

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 1 February 2023

Audrey Nicoll

Absolutely. I agree with all that, and it brings me nicely to a follow-up question that has been raised in committee and was raised recently when I was on a visit to HMP Grampian. People there spoke about how planning for release should start on the day that somebody enters prison. One scenario that is difficult for prisons, families and stakeholders who support an individual is unplanned or unanticipated release from remand. We are grappling with how we can make the process less volatile and perhaps less unpredictable so that, in those circumstances, something is put in place that supports that individual when their leaving prison is not planned.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 25 January 2023

Audrey Nicoll

Thank you, Mark.

Jim Kerr, do you want to follow up on any points about the risk management and assessment procedures that are in place and any implications of the bill for those?