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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 18 May 2025
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Displaying 1673 contributions

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Criminal Justice Committee

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

Meeting date: 25 January 2023

Russell Findlay

There is a huge amount of detail. We have had 21 witnesses so far, with many more to come, and there will be lots of talking in future. However, it is helpful to understand that there is a direction of travel in the criminal justice community.

If the other witnesses want to come in on that, they can, but I have a specific question about prison.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Russell Findlay

I wonder whether that might slow down the process on the day.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Thank you.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

My final question is a much more overarching one, if that is okay, convener.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Thank you. I do not know whether either of the other witnesses would like to come in on that, but I have another question if they do not.

Victim Support Scotland told us that it is inevitable that the more people who get bail, the more offences will be committed. We know that one in eight crimes are committed by those who are on bail and that 23 per cent of bail orders were breached, so it seems logical that the more people who are bailed, the more crime there will be, the more work there will be for the police, and, perhaps, the busier the courts will become. Without fixing the bigger issue of support and investment in criminal justice social work to stop reoffending, therefore, the bill might fuel bail, fuel crime and make things worse. Do you have any view on that?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

In perpetuity.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

It is about resources. We are told that the national care service is a work in progress, and the minister told us that it will be at least 2024 before we know whether criminal justice social work will be part of that. If bail is to be radically changed, whatever the outcome, it is almost certain that that will put greater pressure on criminal justice social work. You cannot speak for that sector, but can you foresee how it would possibly cope with the likely increase in work? That question is probably for Joanne and Stuart.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Thank you. Feel free to come in, Stuart, if you would like to.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

There are two issues: managing people who have been bailed, and early release of prisoners who might need some form of monitoring as part of the conditions of their release. Is it the case that Police Scotland cannot, as the federation states, safely manage that cohort within current resourcing arrangements?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Good morning. I have two questions. We have touched on some elements of them already. The first relates to part 1 of the bill and the grounds on which bail can be refused being narrowed to two particular criteria: one relates to the significant risk of prejudice to the interests of justice, and the other relates to the risk to public safety. We have heard, off the record, from prosecutors that there are concerns about the lack of a legal definition of “public safety”. There is a fear that, if that is not properly defined in the bill, it will cause problems with interpretation that will end up clogging up the Sheriff Appeal Court. Should there be a definition? If so, what might that look like?