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Seòmar agus comataidhean

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 4 May 2021
  6. Current session: 13 May 2021 to 14 September 2025
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Displaying 989 contributions

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Criminal Justice Committee [Draft]

Substance Misuse in Prisons

Meeting date: 28 May 2025

Katy Clark

Thank you. I want to ask about support for those using substances in prison or, indeed, on release. Can the panel members set out the programmes and supports that are in place for prisoners who wish to address or manage their substance use, whether that is drugs or alcohol? Is the level of provision adequate for the number of people who need to access such services? I do not know who feels best placed to come in on that.

Criminal Justice Committee [Draft]

Substance Misuse in Prisons

Meeting date: 28 May 2025

Katy Clark

You have to deal with two main situations: one in which someone is trying to get help, and another in which somebody is not necessarily trying to get help at all. Could you give a bit more detail on the harm reduction programmes and services that are in place for substance users who want help and are seeking an abstinence route, in prison and on release? Could you add any more to what has already been said about those who want to stop?

Criminal Justice Committee [Draft]

Substance Misuse in Prisons

Meeting date: 28 May 2025

Katy Clark

Would any of the other witnesses like to add anything?

Criminal Justice Committee [Draft]

Substance Misuse in Prisons

Meeting date: 28 May 2025

Katy Clark

Can you give a bit more detail on that? The committee is aware of the more general issue with access to treatment and programmes in prison. How long are people having to wait?

Criminal Justice Committee [Draft]

Substance Misuse in Prisons

Meeting date: 28 May 2025

Katy Clark

Has any work been done to quantify what additional resource would be needed to adequately help those who are seeking that treatment? Have any panel members done any work in that area, or is the feeling that the service is often not adequate just based on anecdotal evidence?

Criminal Justice Committee [Draft]

Substance Misuse in Prisons

Meeting date: 28 May 2025

Katy Clark

We do not have anybody here today from a board, but we have Public Health Scotland. John Mooney, do you want to come in on that point?

Criminal Justice Committee [Draft]

Substance Misuse in Prisons

Meeting date: 28 May 2025

Katy Clark

Thank you.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Katy Clark

You will know that we have created other stand-alone offences that are not used as often as we might have expected. There are reasons for that. Therefore, how an offence is framed and scoped is really important. Our second panel of witnesses might focus on those aspects, but I wonder whether any of you has a view on them. My point is that we could create a stand-alone offence, but it might not make the difference that you are expecting.

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Katy Clark

From our consideration of other issues, we know that just because certain behaviours might constitute criminal offences does not necessarily mean that they will be fully investigated or that they will lead to prosecutions or convictions. Are you satisfied that, in Scotland, whenever cases of the nature that you describe are raised with the justice authorities—the police, usually—serious attempts are made to prioritise them, to investigate and to bring charges where possible? We have heard about evidential problems in securing convictions, or even in getting cases as far as court. For example, there have been several legal developments in the type of evidence that is needed to secure a rape conviction, such as changes to the law on corroboration.

In that context, we might decide to keep the existing law, or we might create a new offence. In the latter event, the framing of such an offence would be important, so that people would know what evidence would be required to prove it. Have you thought about improvements in the law that you might seek, which could lead to prosecutions and convictions, whether that is within the range of current offences, including attempted murder, or a stand-alone offence? What would the charge for a stand-alone offence look like? What should the committee push for as regards the content of such an offence?

Criminal Justice Committee [Draft]

Non-fatal Strangulation

Meeting date: 21 May 2025

Katy Clark

I echo Rona Mackay’s comments about how the campaigning work is cutting through.

If a political decision was taken to go ahead with creating a stand-alone offence, how should that be framed? Based on what has been said about defences and consent, should it be a strict liability offence? If so, how would that operate, given what has been said about rough sex? Would intent to cause harm, negligence or recklessness be factors? If there were a decision to go ahead, what advice can you give about how the offence could be framed, beyond any concerns that you have already expressed?

I would be interested in hearing your thoughts, Dr Forbes, although you might feel that you have already expressed those fully.