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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1467 contributions
Criminal Justice Committee
Meeting date: 11 January 2024
John Swinney
Are there any limitations on the sources of information for that process that the Scottish Prison Service pursues to ensure that it has the broadest possible perspective on the history of an individual and the risk that they might pose to any other prisoner or member of staff in the Scottish Prison Service?
Criminal Justice Committee
Meeting date: 11 January 2024
John Swinney
I would like to follow up on the point that Russell Findlay has been raising with Teresa Medhurst in relation to the discretion that is provided for governors to opt for a search to be undertaken by an officer of the individual’s original gender. I wonder whether Teresa Medhurst could put on the record the approach that she envisages that a governor would take in fulfilling the statutory obligation in the instruments that the committee is considering this afternoon, particularly in the scenario that Mr Findlay put, where an officer has concerns about what they are being asked to do.
Criminal Justice Committee
Meeting date: 11 January 2024
John Swinney
Would you say that what is in front of the committee today is a strengthening of the obligation on governors to ensure that the perspectives and concerns of members of staff are addressed to a greater extent, with greater obligation, than was the case before?
Criminal Justice Committee
Meeting date: 11 January 2024
John Swinney
Thank you for that. Would you accept that the instrument on the prison rules that the committee is looking at this afternoon places an obligation on the governor to ensure that, in their institution, there is an appropriate opportunity for a member of staff to raise their concerns and have them properly and fully addressed? Would you accept that that is required of the governor as a consequence of them being allocated the discretionary power in question?
13:30Criminal Justice Committee
Meeting date: 11 January 2024
John Swinney
I will move on to the ground that the convener started on, which is the risk assessment that is undertaken. Can you explain to the committee the degree of rigour, and the scope, of the risk assessment that is carried out in those circumstances and whether that rigour and scope are applied to any other scenarios in the Scottish Prison Service?
Criminal Justice Committee
Meeting date: 11 January 2024
John Swinney
Convener, it is difficult to hear the witness when there are conversations going on to my left. I want to concentrate on what Ms Medhurst has to say to us.
Criminal Justice Committee
Meeting date: 10 January 2024
John Swinney
Your answer opens up a wider question. Much of this concerns how court proceedings are handled, but an awful lot of it is about a whole-justice-system approach: it is about the actions of Police Scotland, the operation of the Scottish Courts and Tribunals Service and the roles of the Crown, defence agents, the Faculty of Advocates, the Law Society of Scotland and, ultimately, the judiciary, in shepherding the process. There are quite a number of players.
I am struck by how, in order to eradicate delay in the system, everybody needs to improve their performance and to act more quickly and more effectively. What is the best means of driving that? It strikes me that all those organisations—Police Scotland, the Scottish Courts and Tribunals Service, the Crown, practitioners and the judiciary—are self-governing institutions, so who drives the process? The Government will be criticised if it drives it too aggressively, because that would be interference. Where, within the system, will the necessary drive to eradicate the delays come from?
To put it in a better way, how can we ensure that those various players, who are all critical in the process, are focused on eradication of delays?
Criminal Justice Committee
Meeting date: 10 January 2024
John Swinney
Lord Advocate, a comment that you made in response to Russell Findlay’s questions this morning—in relation to your point about the difference between the views about the system that have been expressed by Rape Crisis Scotland and the Faculty of Advocates—was that, in your judgment, the ordinary adversarial approach is not suited to cases of this type. I will explore that comment, because, in a sense, it gets to the heart of some of the points that I explored with Lady Dorrian about court culture. I am interested to know the nature of the changes that need to take place in a specialist sexual crimes court and what approaches are necessary for living up to the challenge that you set out in your comment that the ordinary adversarial approach is not suited to such cases. What needs to be different?
Criminal Justice Committee
Meeting date: 10 January 2024
John Swinney
That would be helpful. Thank you.
Criminal Justice Committee
Meeting date: 10 January 2024
John Swinney
Can you share with the committee any data on the level of spare capacity in the court and tribunal infrastructure in Scotland? What is the utilisation level of the court infrastructure in the country?