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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 1 December 2025
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Displaying 1265 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Angela Constance

Given the technical aspects of the question, I will refer to my notes, if you do not mind. Where an application is in progress, the police could write to the gender recognition panel to detail their concerns and would require to have a clear reasoning for doing so. I am not sure that that answers your question—apologies. I am checking with my officials.

I think that Mr Kerr’s question is in relation to whether a registered sex offender who is already in receipt of a gender recognition certificate prior to conviction is still required to notify the police.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Angela Constance

I will start, and Graham Robertson can continue. I want to try to keep this as simple as possible. In relation to notification requirements, there is obviously the initial notification following an offence, and people are required to submit a range of information to the police. There are also requirements for people who change their information; Graham Robertson can add to that. We are also looking at further measures in the Crime and Policing Bill. The interactions between the different kinds of legislation are quite intricate, so I will pass you over to Graham Robertson, if you do not mind.

12:15  

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Angela Constance

The SSI adds a requirement for someone to notify the police if they apply for a gender recognition certificate when they have been convicted of a sexual offence that requires notification. There is a list of information that they would have to notify the police of. The SSI adds to the long list of information requirements that people have to adhere to a requirement for that person to notify the police if they apply for a GRC. The SSI is focused and specific, and I am not sure what other concerns you are referring to, Ms Dowey.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Angela Constance

There are automatic exclusions. Examples of such exclusions include: if the prisoner does not consent; if they are subject to notification requirements under part 2 of the Sexual Offences Act 2003—that is, if they are a registered sex offender; if they are subject to an extended sentence; or if they are subject to a supervised release order. Those exclusions are to ensure that, where the court has decided that there is an elevated risk and a short-term prisoner needs a supervised release order once they are out, such prisoners are subject to an extended sentence or have to be part of sex offender notification—

Criminal Justice Committee [Draft]

Pre-budget Scrutiny 2026-27

Meeting date: 26 November 2025

Angela Constance

The number of people and the resource are increasing. My expectation is that, when a court orders something, it will occur.

Ms Clark makes an important point about confidence in the availability of community disposals, and indeed that is why I have had a particular focus on community justice. However, part of the work of the sentencing and penal policy commission is to examine not only how custody operates but how community disposals are used. In short, much more work needs to be done.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Angela Constance

As I said earlier, officials proactively came to me to discuss the content of the DPLR Committee’s report. I have not looked in detail at the concerns to do with the drafting of the instrument, although officials have certainly raised all those issues with me.

I will ask Ms Hutchison and other officials to answer any questions on drafting. I am not a lawyer—I am all about the policy and the intent. I have a prison population that I need to address and, if you will forgive me, that is my priority, notwithstanding the importance of the issue.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Angela Constance

I am not conceding that point. The information and advice that I have had is that, although the DPLR Committee and members have raised concerns, I am not aware of any suggestion that we are acting outwith our legal competence or are engaging in any illegality.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Angela Constance

I take advice from officials on drafting. Ms Hutchison, do you have anything to add?

Criminal Justice Committee [Draft]

Pre-budget Scrutiny 2026-27

Meeting date: 26 November 2025

Angela Constance

On the here and now, the borrowing limits on the Scottish Government, set by the UK Government, are a real constraint. However, what is more specific to justice is the fact that, even were Police Scotland to borrow, that would have to be covered by the justice portfolio, so there is no additionality as a result of borrowing by Police Scotland or other justice partners. We are constrained by the lack of flexibility in our overall—

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 26 November 2025

Angela Constance

In moving the motion, I want to put on record my appreciation of the committee’s time and scrutiny of the policy and the issues that have been raised by the DPLR Committee. I have listened carefully. I know that members around this table have an understanding of the gravity of the situation that is faced in our prisons, and that they also understand that the Scottish Government is working hard to pursue as many initiatives as possible so that we have a full range of action to alleviate the very stressful position in our prison service today.

Motion moved,

That the Criminal Justice Committee recommends that the Management of Offenders (Scotland) Act 2019 and the Prisoners (Early Release) (Scotland) Act 2025 (Consequential Modifications) Regulations 2026 [draft] be approved.—[Angela Constance]

Motion agreed to.