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.
Displaying 1673 contributions
Criminal Justice Committee
Meeting date: 25 January 2023
Russell Findlay
I will be quick. If the bill leads to more bail, there will probably be increased reliance on supervised bail, which I believe includes electronic monitoring. We have heard evidence from some people that the amount of time for which a person is subject to electronic monitoring should have a bearing on the sentence that is ultimately imposed, if a sentence is imposed.
As things stand, does the Crown have confidence in supervised bail electronic monitoring? If so, does that apply Scotland wide or is it a bit of a patchwork quilt? Secondly, does the Crown have any view on the suggestion that the amount of time for which a person is subject to supervised bail electronic monitoring should be a factor in subsequent sentencing?
Criminal Justice Committee
Meeting date: 25 January 2023
Russell Findlay
I thank David Fraser for facilitating our visit to Glasgow sheriff court the other week. I found it to be enlightening. The care and attention that was being put into bail decisions was pretty robust, and was consistent with what I have seen over the years. The sheriff gave everything due consideration, and the fiscal did a hard job competently, with a lot of cases to deal with.
Most of the people whom we have heard from so far say that there are far too many people on remand; ergo, people should be bailed more often. The responsibility for that ultimately lies with the judge, but the Crown plays a huge role in that, with its input.
Written evidence from the Howard League Scotland suggests that
“significant cultural change—particularly amongst some parts of the Crown and judiciary—will be required”
to fundamentally change things with the bill, if it is passed. I suppose that I am asking whether that criticism of the Crown is a fair comment. Is this about cultural changes, or is it really about resources, as just about everything else is?
Criminal Justice Committee
Meeting date: 25 January 2023
Russell Findlay
It is worth getting on the record that we have been asked not to ask certain questions about a particular case that is being reported on today because we are discussing the Bail and Release from Custody (Scotland) Bill. I will therefore ask about that.
So far, we have heard from 21 witnesses, and the vast majority, but not all, of them believe that there is a fundamental problem around this issue. If you look at the statistics on crimes that are committed by people while on bail, the general public might wonder what we are trying to fix, given that, for example, in the past five years, there have been 49 rape convictions, 54 homicide convictions and 962 attempted murder convictions of people on bail.
I suppose that my question is a broad, overarching one: do the witnesses have a view on whether the bill is necessary and whether the task of keeping the public safe is being done adequately under the current model?
Criminal Justice Committee
Meeting date: 25 January 2023
Russell Findlay
In essence, the Scottish Police Federation and Victim Support Scotland say that the more people are bailed, the more they will offend. A significant proportion of crimes are already committed by people who are on bail. If resources are not put into managing those people and more people are bailed, is the inevitable consequence that there will be more crime and more victims?
Criminal Justice Committee
Meeting date: 25 January 2023
Russell Findlay
The Scottish Police Federation says that Police Scotland is
“struggling with the management of high-risk offenders and cannot safely manage this within current resourcing arrangements”.
Police Scotland disagreed with that. You are on the front line and at the sharp end. You deal with those cases. Who is right? What is the real picture?
Criminal Justice Committee
Meeting date: 25 January 2023
Russell Findlay
Just quickly, in response to something that John Watt said—
Criminal Justice Committee
Meeting date: 25 January 2023
Russell Findlay
Yes—sure.
Criminal Justice Committee
Meeting date: 25 January 2023
Russell Findlay
Does the Crown have a view on the provision in the bill that written decisions should be provided for bail reasons?
Criminal Justice Committee
Meeting date: 25 January 2023
Russell Findlay
I think that I speak for everyone here when I say that the more data we have on what is available at the moment and how it works, the better.
Criminal Justice Committee
Meeting date: 25 January 2023
Russell Findlay
Last week, the witness from Howard League Scotland gave a fascinating insight. He used the phrase “risk appetite” when he was making a comparison with another country—Finland—where, at some point, the authorities decided that they would stop remanding and imprisoning so many people. That has radically changed the proportion of people who are imprisoned. I think that, by “risk appetite”, he meant trying to persuade the public that that direction of travel is the right one. Are the public agreeable to that? If they are not, how can you go about convincing them with those statistics that that approach is the right one?