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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 19 December 2025
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Displaying 1184 contributions

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Criminal Justice Committee

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

Meeting date: 25 January 2023

Katy Clark

That is fine.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Katy Clark

The committee would find more data really helpful, as we have struggled to obtain it. Is it also possible to get data for each sheriff court, because it would be interesting to see whether there are different practices in different courts? Historically, that was definitely the case, but I do not know whether it remains the case. It would also be helpful to have data on offences, whether they fall under the summary or the solemn procedure. I appreciate that you may not be able to provide everything that we ask for, but more detail on either of those topics would also be appreciated.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Katy Clark

I did not want to ask a question; I just wanted to explain that we have really struggled with obtaining data.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Katy Clark

I have thrown everybody off—sorry.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Katy Clark

I will pick up on some of the issues that have been raised.

I found the suggestions in the written submission on the definitions relating to complainer and the withholding of evidence really helpful. The committee will want to consider those and to hear the views of others.

On the definition of “public safety”, it has been suggested to us that it would be helpful for the legislation to refer to “intimate partner”. Is that a helpful suggestion? Could that be part of a wider definition of “public safety”?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Katy Clark

Yes.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Katy Clark

Would David Fraser have a view on the definition? Would you want to comment publicly on that?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Katy Clark

Thank you. We have seen the submission that it has made to the Scottish Government.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Katy Clark

I do not know whether the Law Society of Scotland would like to come in on that. It might be something to consider after today. Do you have any initial thoughts?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Katy Clark

In the previous session, we heard evidence about the central marking of cases and the decisions that the Crown makes as to whether to oppose bail. In particular, there was a suggestion that procurators fiscal should be able to use their discretion more in the courts, rather than having to go up a managerial chain and impose central policy.

We will be meeting, and hearing evidence from, the Crown next week. I am interested in any thoughts that you have about changes that need to be made to practice or, indeed, process or policy in Crown decisions. You might feel that you do not have expertise in that and do not have an opinion.