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: 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
Meeting date: 18 January 2023
Russell Findlay
Thank you.
Criminal Justice Committee
Meeting date: 18 January 2023
Russell Findlay
My final question is a much more overarching one, if that is okay, convener.
Criminal Justice Committee
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
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?
Criminal Justice Committee
Meeting date: 18 January 2023
Russell Findlay
In Smith v M, there is a go-to definition.
Criminal Justice Committee
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
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
Meeting date: 18 January 2023
Russell Findlay
Thank you.
Criminal Justice Committee [Draft]
Meeting date: 11 January 2023
Russell Findlay
If an individual is bailed but subject to electronic monitoring, when it comes to sentencing, should any consideration be given to the restrictions that they were under prior to that?