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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 16 May 2025
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Displaying 1673 contributions

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Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 17 May 2023

Russell Findlay

Section 9 relates to the planning for a prisoner’s release. I have four amendments in the group—95, 96, 97 and 98—which seek to ensure that victims’ voices are heard, their rights are respected and their wellbeing is paramount. I am sure that we can all agree with those aims.

The bill as drafted defines a release plan as a plan to prepare a prisoner for release and to facilitate their reintegration into the community. The bill requires local authorities, health boards, Police Scotland, Skills Development Scotland and integration joint boards to engage in that process.

However, we say that victims should also have an input. Amendment 95 would therefore require victim support services to contribute to the process. I was pleased to receive an email last night in which victims’ rights groups expressed their strong support of amendment 95 and other amendments in this group. For the record, those groups are Victim Support Scotland, Scottish Women’s Aid and ASSIST. I hope that the cabinet secretary agrees with them, and I am keen to hear her response.

Amendment 98, which is consequential to amendment 95, defines victim support services as they are currently defined in statute.

Amendment 39 from Katy Clark is similar in effect to my amendment 95. It would require the bodies that are involved in developing a release plan to consider the role that victims organisations have in the release plans. Although it is not exactly the same as my amendment, it would have a similar effect, so I will support it if it is pressed.

I turn to amendments 96 and 97. Release plans in section 9 of the bill apply to relevant individuals. By “relevant individual”, the bill means a prisoner, whether they have been sentenced or are on remand. I want not only victim support services to be consulted in the development of release plans, as per amendment 95, but there to be a release plan for victims, which is what amendment 97 would achieve. That would ensure that their interests were at the heart of release plan considerations. A release plan will not solve every issue, but it will make it clear what a victim can expect when an offender is released.

Amendment 96 is a consequential amendment to ensure that release plans can be properly applied to victims without needing measures that would apply only to offenders.

Katy Clark’s amendment 40 states that, within one year of section 9 coming into force, ministers would be required to publish guidance and standards that are applicable to release plans and that a public consultation should also be carried out. My colleague Jamie Greene will speak to his amendment 99, which is similar to Katy Clark’s amendment. However, he has been more generous to the Government, allowing it three years rather than one year in which to take those steps.

Amendment 41, in the name of Katy Clark, would require the Scottish Government to review release planning for women. Specifically, the review must consider caring responsibilities, health issues and offending history. That reporting requirement would allow for more information to be made public on release plans so that we can observe how they will work in practice, and I am therefore happy to support that, too.

I move amendment 95.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 17 May 2023

Russell Findlay

Okay. I was going to come on to your point about the statutory requirement for them to be involved. However, I make the more general and broader point that they see a role for themselves in planning for release and the general consultation around that.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 17 May 2023

Russell Findlay

The amendments relate to the sharing of information about victims with third party organisations. If I understand Katy Clark’s amendments 45, 47 and 48 correctly, they would remove the ability of a supporter of a victim to be given the information in certain circumstances.

I agree with Katy Clark, but I believe that there is perhaps a different way of achieving that goal, through my amendments 102 to 104, which would ensure that information is still available to those who want it but, crucially, when there is the consent and support of victims. It leaves open what could be a useful channel of communication.

I note that the victim support organisations have made representations to committee members and are quite critical of some of the cabinet secretary’s amendments in this group. Those organisations oppose six of those amendments and they are asking for one of them not to be moved and, if one were to proceed, for it to be subject to substantial revision.

I think that my amendments would be a better solution than the one that is proposed in Katy Clark’s amendments, but I am happy to hear more, because there might be something that is not obvious to me.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 17 May 2023

Russell Findlay

I seek to withdraw it.

Amendment 95, by agreement, withdrawn.

Amendments 39, 96 to 98, 40 and 99 not moved.

Section 9 agreed to.

After section 9

Amendment 41 not moved.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 17 May 2023

Russell Findlay

As the cabinet secretary says, the policy intent is to increase support for those leaving custody. However, given the lack of evidence that we have heard about the specific issue of Thursday becoming mostly a non-release day, with the exceptions that we have touched on, it seems quite a big step. We are effectively going to have—

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 17 May 2023

Russell Findlay

Yes.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 17 May 2023

Russell Findlay

Yes, but we do not know anything about the number of people who are released on Friday, do we? We have not heard any evidence as to the proportion who are typically released on a Friday and who would now be released on a Thursday. Do you have those numbers to hand?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 17 May 2023

Russell Findlay

Amendment 70 seeks to change the way that short-term prisoners are released in Scotland. Currently, every single prisoner who is sentenced to less than four years is automatically released halfway through their prison sentence, with no questions asked. Regardless of how badly they might have behaved or the severity of their offence, they are guaranteed not to serve their full sentence—they will serve half of it at best.

In 2015, the First Minister at the time, Nicola Sturgeon, committed to abolishing automatic early release, stating:

“Our objective remains to end the policy of automatic early release completely as soon as we are able to.”—[Official Report, 2 April 2015; c 19.]

We are eight years on and that has still not happened, with the law having been changed only in relation to long-term offenders.

Previously, long-term offenders—those serving a sentence of four years or more—were automatically released after serving two thirds of their sentence. However, a long-term prisoner can now be released only if they have served half their sentence and, crucially, have been directed for release by the Parole Board for Scotland.

My amendment would replicate the terminology that is used for releasing long-term offenders for short-term offenders—those sentenced to less than four years. Specifically, it states that short-term offenders may be released from prison only once the Parole Board directs their release and after they have served at least half their sentence.

I could cite a number of cases in which people who have been automatically released have gone on to commit serious crimes, including murder. It is not unreasonable to surmise that some of those people would have been deemed unsafe for automatic early release and, therefore, members of the public might well have been protected. It is ultimately about public safety. I hope that the committee and the cabinet secretary agree.

I move amendment 70.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 17 May 2023

Russell Findlay

Yes. I was going to refer to that in summing up, so it might be better if I address that then.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 2

Meeting date: 17 May 2023

Russell Findlay

The point was that Alan Geddes died because the state failed that particular prisoner. The Mental Welfare Commission for Scotland’s report is absolutely damning, and Sandra Geddes deserves great credit for campaigning so effectively, having lost her brother in such horrific circumstances, and for working alongside Douglas Lumsden to get to this point. It is very welcome that the Scottish Government is showing a willingness to find some form of way forward, so I thank the member for that.