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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 September 2025
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Displaying 1631 contributions

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Criminal Justice Committee [Draft]

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

Meeting date: 1 February 2023

Jamie Greene

Okay. So that test could still apply in solemn cases, and it would be grounds for remand but, at summary level, it would not. There is the removal of that ability. We know that there are people out there who are repeat offenders at summary level who regularly do not appear and are taking the proverbial, with the system. There now seems to be no way to hold them on remand as a result of that behaviour. That is unfortunate.

Criminal Justice Committee [Draft]

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

Meeting date: 1 February 2023

Jamie Greene

Yes—at summary level. However, that is not my interpretation of what I heard. Perhaps you can write to us. I am sure that we will talk about the issue again.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

You have, however, expressed in writing some reservations about the proposals. They might be less diplomatic in writing than in person, but they are notable. Aside from public safety is the issue of prejudicing the whole justice process, including those who use the system to evade justice through non-appearance, for example. You used the phrase “cohort of defenders”. Is there any concern that, as a result of shifting the balance to the sole principle of public safety as the primary ground for granting or refusing bail, sheriffs will be unable to remand people when there is a concern or significant risk that the person will simply not appear in court at a future date?

The committee saw that in person; I noticed that dates for court appearances were normally set quite soon after the custody hearing. We know that there is a cohort of people who simply will not attend. Is the inability to remand those people, specifically for that reason, a problem?

11:30  

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

Good morning. I am happy to come back in later with substantive questions, but, timing wise, this question might follow on nicely.

I heard every word that you said, but I struggled to follow the flow chart of it in my head, because it was a verbal flow chart. I wonder whether you might help the committee by illustrating that in writing to us. I hear where you are coming from and I am trying to follow the flow chart of where you make decisions and where the cut-off times are.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

I have a question for Mr Watt. You said that one of the frustrations that you felt as a fiscal was the binary choice between remand or release. However, is it not the case that there is a middle ground in which a sheriff can release someone either with enhanced conditions or on supervised bail, which seems to be a more popular option these days? Is that the middle ground?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

Are you scenario planning for a reduction in the prison population in the way that the Government is?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

I will put my first question to the Crown Office. I foresee that I will get the diplomatic answer that, “Those decisions are for Government and Parliament to make”. However, the Crown has submitted a detailed paper outlining several concerns, so I think that my question is appropriate. Is it your overarching feeling that the 1995 act is fit for purpose and does not need to be amended? My question relates primarily to part 1 of the bill; part 2 is a separate matter.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

I would really appreciate that and I am that sure other members would as well. If you have spotted a gap in the proposed legislation, and we can help to fill that gap, I am sure that the committee would be willing to do so in some way. That is very useful and helpful feedback.

I wanted to put a wider question to the Parole Board. You say that the ministers already have the power to effectively overrule decisions that the board makes or to decide that a prisoner may be released. There is a perception that the bill goes a little further than that. For example, measures arose during the Covid pandemic, through which decisions were made at a ministerial level to release prisoners. An explanation was provided and there was an understanding around that, although whether you agreed with it or not is another matter. However, the new rules bake that into the system. What are your wider views around that issue? Do you feel that it is appropriate? Are you comfortable with it?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

Okay, but the wider question is whether those decisions are best made by the Parole Board, prison governors or ministers in St Andrew’s house?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

I will come back in later, convener. I will let other members ask their questions.