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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: 18 January 2023

Russell Findlay

In Smith v M, there is a go-to definition.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Good morning. David Mackie, I was struck by your written submission. On page 25, you say:

“This is an opportunity to challenge the entrenched practices of some members of the judiciary who appear to accept the Crown’s opposition to bail applications too readily”.

On page 24, you say that, if this bill is enacted:

“We would suggest that significant cultural change—particularly amongst some parts of the Crown and judiciary—will be required for these changes to take effect”.

You are a former sheriff, so you come to this with that perspective. Can you expand a bit on the cultural blockages and issues that exist and the direction of travel? Are they less prevalent than they used to be? I do not want to surmise or put words in your mouth.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Good afternoon. The Scottish Police Federation has submitted some written evidence. The federation is not entirely sure what problem needs to be fixed. It is of the view that its members see people being granted police bail almost as a matter of routine and that the majority of those who have been kept in custody are granted bail by the court. Do you think that there is a slight disconnect between the reality of what is happening on the ground and what we are hearing from some of our witnesses, which is that too many people are being remanded?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Okay. Thank you. As far as I am aware, we will not be given evidence in person by the SPF. In response to the release of people from prison, it says that Police Scotland is already

“struggling with the management of high-risk offenders and cannot safely manage this within current resourcing arrangements”.

Do you agree with that interpretation that, right now, Police Scotland cannot manage high-risk offenders in the community? Whatever your answer to that, what happens next if the bill is passed?

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

We can do without the courts having to interpret more legislation from this Parliament; we get enough of that already.

Would either of the other witnesses care to address that point? It has been very well explained. I have something else that we can move on to if you prefer.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Presumably, the bill seeks to narrow that definition.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Another element that has been referred to is section 23D. My understanding is that, in section 23D of the Criminal Procedure (Scotland) Act 1995, there is a presumption against bail for certain types of offences, including violent offences, sexual offences and domestic abuse offences at summary level and drug trafficking at solemn level, if there is a previous conviction to that effect. That might be overly simplified, but that is more or less it.

All of today’s witnesses are for the abolition of section 23D, but we heard last week from victims groups who are of the view that it should be retained. Do their views cause you to rethink that in any way? If it is to be abolished, could or should it be replaced by something else to give protections to victims?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Indeed. Thank you.

Criminal Justice Committee [Draft]

Priorities in the Justice Sector and an Action Plan

Meeting date: 11 January 2023

Russell Findlay

What is the timescale for that? When do the clerks need to know about any queries or amendments?