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 1226 contributions
Criminal Justice Committee
Meeting date: 18 January 2023
Katy Clark
You might feel, again, that you are not able to answer my next question. We have heard about the importance of information being provided to the sheriff and the court. In the previous session, we were told that there was better provision of social workers in the courts back in the 1990s and early 2000s. That is quite anecdotal, so there might be great geographical differences in the levels of provision. Are you able to point us towards any evidence or work that has been done on the availability of that support in the courts? It is a resource issue rather than necessarily a legal issue. Do you have any experience of that?
Criminal Justice Committee
Meeting date: 18 January 2023
Katy Clark
When somebody is already in custody for something else so that there is no possibility that they would be getting released anyway, is that perhaps an example of an exception?
Criminal Justice Committee
Meeting date: 18 January 2023
Katy Clark
It was pointed out to us that the interests of children need to be a top priority. To what extent would you get involved in getting sufficient information about that? Would you have to refer to other agencies?
Criminal Justice Committee
Meeting date: 18 January 2023
Katy Clark
I think that the problem is that we might end up in the same place, but there might be a lot of appeals before we end up in that place.
Criminal Justice Committee [Draft]
Meeting date: 11 January 2023
Katy Clark
We would be grateful for the information that you refer to.
Professor McAra, it would be interesting to hear your thoughts on the issue that has just been raised. However, as a committee, we also have to grapple with the black letter of the law. With regard to the bill, we first have to ensure that we agree with the Scottish Government’s overriding policy objectives, and then we have to decide whether what is in the text that will be put to the Scottish Parliament will deliver those objectives. Do you have thoughts on that, too? Do you think that the words that the legislation will contain are likely to be implemented by the courts in the way that the Scottish Government intends?
Criminal Justice Committee [Draft]
Meeting date: 11 January 2023
Katy Clark
The evidence that we got from the pilot was that a very small number of cases had gone ahead, but there was a very high number of acquittals. Far more people were found not guilty than we would normally have expected. That was a very small sample, so we could not take much from it. However, the evidence that we have had on domestic abuse cases in particular suggests that virtual trials are leading to more people being found innocent rather than more people being found guilty. The concern had previously been that the accused would not get a fair trial, but the evidence that we have had has, if anything, been surprising, which means that we need even more information before making any further decisions.
As Jamie Greene said, that reinforces the fact that we need to lay down a marker that we will not agree to permanent changes unless the evidence base is there, and that we want to see the evidence over a period of time, because the proposed changes would be permanent and could have major implications for cases.
Criminal Justice Committee [Draft]
Meeting date: 11 January 2023
Katy Clark
Yes, with a greater emphasis on complainers.
When might it be appropriate to remand a person who is accused of a non-violent offence? You spoke about sexual offences and violent offences; are there other situations in which it might be appropriate to remand someone?
Criminal Justice Committee [Draft]
Meeting date: 11 January 2023
Katy Clark
The witnesses will be aware that the bill will bring in a new concept of public safety, which is not something that the criminal courts have dealt with before. There is concern about a lack of clarity about the concept and the potential for lots of court appeals and arguments about what it means. It might be helpful if it was better defined in the bill. Kate, is the introduction of the concept helpful? Do you have thoughts on how it might be better defined?
Criminal Justice Committee [Draft]
Meeting date: 11 January 2023
Katy Clark
I think that the committee would agree with you on the need for better data; we would find that extremely helpful.
Dr Graham, when you spoke initially, you mentioned the need for clarity and more detail on the public interest test in particular, but perhaps also more generally. Could you answer the part of my question about whether there are lessons to be learned from comparable European countries and jurisdictions? The Government’s aim appears to be to reduce prisoner numbers and to ensure that the most serious offenders are in custody. Bail is given to people who have not been convicted of anything, yet. Do you think that there are lessons to be learned, given that the approach taken in Scotland appears to be different from the one taken in many other European countries?
12:15Criminal Justice Committee [Draft]
Meeting date: 11 January 2023
Katy Clark
Thank you.