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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: 10 May 2023

Russell Findlay

Amendment 35, in the name of Katy Clark, which I have also supported, would require the court to record the reasons why it has granted bail. We are seeking parity of treatment, whereby the recording of reasons for refusal of bail are also provided.

Victims of crime are often taken aback or confused when they find out that someone has been granted bail in their case, and there are no means by which victims are told that that has happened or the reasons why. If that was recorded, it would be a much easier mechanism to provide that understanding and that equality with accused people.

12:15  

Amendment 36, in Katy Clark’s name, would remove section 4 entirely. We do not support that. It would reduce transparency for victims who already often struggle to get information from courts. Rather than get rid of that requirement, we need to improve it and make it more robust and more open to both sides in any case.

I understand that amendment 7, in the cabinet secretary’s name, would restrict the grounds and reasons for refusing a person bail that the court was required to record. I seek confirmation of that from the cabinet secretary. We want to avoid the watering down of reasons for refusing bail, so it will be useful to hear from her exactly what will no longer be recorded under her amendment.

Criminal Justice Committee

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

Meeting date: 10 May 2023

Russell Findlay

Will the cabinet secretary give way on that?

Criminal Justice Committee

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

Meeting date: 10 May 2023

Russell Findlay

I seek more detail about the consultation that took place. My recollection of the evidence that the committee took was that the consultation was in the form of a written submission by a group of academics, who pointed to an international standard. They were not presenting something that they were pushing hard for or that had been subject to a great deal of analysis or to any more than a passing reference. The idea is one that seems to have been thrown into the mix.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Russell Findlay

I thought that that was in relation to the licensing scheme.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Russell Findlay

Going back to the letter from Elena Whitham, it says, in respect of the restriction of supply and use, that

“it is not ... possible to confirm in which financial year”,

but you think that it might be in 2024.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Russell Findlay

I am just looking at a Scottish Parliament information centre briefing that is on the Scottish Parliament website. It says quite clearly, for the public to see, that all the provisions within the 2022 act will be progressed in 2023. That is no fault of SPICe—it is what it was told by the Government—but that is what the public are currently reading. Do you not accept that there will be a lot of confusion out there?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Russell Findlay

Okay—thank you.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Russell Findlay

I want to check on the two local authorities—was it West Lothian or East Lothian?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Russell Findlay

Okay, thank you.

The legislation was rushed and the Scottish Government ignored some clear warnings from various people that it was a mistake. Now it has been beset by delays and there is a lack of key information around when certain measures will be introduced. Your predecessor, in a letter to the committee, said that it was not possible to say when the restrictions on the days of sale and use will come in. She also suggests, in part of the letter, that that might be something to do with the war in Ukraine; that is a bit shabby, as excuses go. What is your best guess as to when that key measure will come into place?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 3 May 2023

Russell Findlay

So, the new possible date is late 2024.