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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 4 May 2021
  6. Current session: 13 May 2021 to 14 October 2025
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Displaying 1219 contributions

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Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

I am trying to establish what difference the bill will make to the current process for that.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

I will be brief. Mr McSherry, what is your view on the removal of section 23D of the Criminal Procedure (Scotland) Act 1995, particularly in relation to domestic abuse and sexual abuse offenders?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

Given the specific nature of, say, domestic abuse offences, which are directed at one person and might involve a pattern of behaviour, can you understand the concerns of victims and women’s organisations about that? Is it fair to put such offences in the same one-size-fits-all category as other offences?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

Will the removal of the exceptions make a lot of difference?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

Sure. I understand.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

There is a proportionally high number of women on remand. A previous witness said that he thought that, in some cases, sheriffs were remanding women because there was no real alternative and they did not know what to do with them. Is that the case?

What is your opinion on the high number of women who are on remand? Is that because there is no throughcare or nowhere else to send them?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

Thank you.

This question is for David Fraser. When we were on our interesting visit to Glasgow, we learned that different courts are being set up. A women’s court is about to come into play. Could you expand on that? There is also a youth court and a drugs court. Are those trial courts? If the youth court and the drugs court are already running, how has it been going? What is the scene for the women’s court?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

That would be excellent. Thank you.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

From a non-legal point of view, I ask: why remove them anyway? What is the point? It does not send out a good message to non-legal people. From what I have heard this morning, if someone asked me why those provisions were taken out, I am not entirely sure that I could convince them why that was done.

The KC who was here referred to a case in Livingston and the introduction of section 23D in 2005. It was a horrific case—you might remember it. The person who was released went on to kill an 11-year-old boy and then hanged himself. He had been given bail, and the case was so shocking that the then First Minister decided that we needed to do something about it. I am unclear why those provisions are being removed.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

I understand that.