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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 5 May 2021
  6. Current session: 12 May 2021 to 1 July 2025
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Displaying 1099 contributions

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Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Rona Mackay

Good morning, Kate and Emma. Earlier, you talked about the removal of restrictions on bail in solemn cases. From your submission, I know that you both oppose repeal of section 23D of the Criminal Procedure (Scotland) Act 1995, which would mean that the same test would apply for all offences; you talked in that respect about sexual violence and domestic abuse. Could you expand on that a wee bit and tell us about your opposition, what your fears are and whether you would like the exceptions to remain rather than being repealed?

I come to Emma Bryson first.

10:15  

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Rona Mackay

Okay—that is fine.

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Rona Mackay

Sure.

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Rona Mackay

Thank you. That is helpful, too. Dr Graham is indicating that she has nothing to add. It is good that you agree that perhaps more clarity is needed on that point.

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Rona Mackay

You are saying that, to take it at a basic level, common sense should be used in domestic abuse cases. There has to be a pattern anyway before there would be a conviction, so surely that would come down to common sense without having to use specific parameters.

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Rona Mackay

Thank you. That is really helpful. What is Professor McAra’s opinion on that point?

Criminal Justice Committee [Draft]

Virtual Trials and Charges for Court Transcripts (Correspondence)

Meeting date: 11 January 2023

Rona Mackay

I am wondering about the chronological order for that. If we are going to ask the SCTS how many such trials have taken place, perhaps we should wait until we have that information before we contact the cabinet secretary.

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Rona Mackay

I turn to Kate Wallace. From the point of view of victims, would it cause some alarm if section 23D was repealed and victims felt that they were being treated just the same as victims of every other offence, despite the almost unique nature of domestic abuse and sexual offences?

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Rona Mackay

Do you want any changes to be made to the current exemptions? Should those exceptions be strengthened, or are you happy that they are in place?

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Rona Mackay

I go back to a point that Professor McNeill made at the start of the session, about gravity of risk. If I understood him correctly, he said that he did not believe that the bill is for serious or solemn offences per se. If that is the case, does the fact that there is only one public safety test for all offences not send out the wrong message—for example, to victims? Should the current exceptions on domestic abuse and sexual offences not still stand? Could I have his opinion on the specific nature of individual risk and public safety in relation to the bill?