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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 15 December 2025
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Displaying 1804 contributions

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Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Jamie Greene

You will be aware of the committee’s report on the Bail and Release from Custody (Scotland) Bill, which was published this week. Earlier, you mentioned the volume of offenders who breach their bail conditions and the effect that that has on their victims. Have you had a chance to do an initial review of our in-depth report and our recommendations? Is there anything that you want to say about that, as it relates to domestic abuse?

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Jamie Greene

Before I move on to get the Crown’s position, perhaps this is a good point to look at the data. I will cherry pick data for 2020-21, because it is recent. Of the 65,000 domestic abuse cases that were reported to the police, my understanding is that 1,600 crimes were recorded under DASA—I need to be careful with my terminology here, because it is very easy to confuse statistics. Of those 1,600 crimes, 1,200 charges were reported. As the convener said in her opening comments, there were proceedings against 420 individuals in 2020-21, and 383 successful convictions.

I am looking at that ratio. If you start with 65,000 incidents and under DASA have 383 convictions, although every one of those convictions is welcome to the victim, that is 0.5 per cent of the total number of incidents, which does not seem great. I know that it is a journey, and that it is a new piece of legislation. The direction of travel has been okay over the past couple of years, but that ratio seems underwhelming. What is the Crown’s role in all this?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 March 2023

Jamie Greene

It would be the Crown, not ministers. Okay—thank you.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 March 2023

Jamie Greene

So, it is nothing to do with extradition. That is fine. In that scenario, then, would there be a request by ministers to the Lord Advocate or would it be the other way around?

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Jamie Greene

That is also worrying.

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Jamie Greene

Thank you for that.

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Jamie Greene

I have two short supplementary questions. The first follows on nicely from the conversation that we have just had. The best way to deal with domestic abuse is prevention, rather than cure. On that point, is the panel confident and comfortable that the delivery of what is known as Clare’s law has been effective in Scotland through the domestic violence disclosure scheme? Does Police Scotland have any statistical data on how many people have applied through that scheme for information and, in the positive, been granted information since its launch?

Secondly, are Police Scotland’s data systems up to scratch in terms of a national register that pulls together relevant information to feed into those requests?

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Jamie Greene

If you have any more information on that scheme, I kindly request that you write to us with any data that you have. I would find that really helpful, as we proceed with our post-legislative scrutiny.

Criminal Justice Committee

Domestic Abuse (Scotland) Act 2018: Post-legislative Scrutiny

Meeting date: 8 March 2023

Jamie Greene

I hear what you are saying, but the number is still quite high. Even if there has been an increase in reporting, the figure is still high.

Criminal Justice Committee

Scottish Mental Health Law Review

Meeting date: 1 March 2023

Jamie Greene

Good morning, Professor. I want to focus on some of your comments in your opening statement around the role of policing and the role of police as first responders. You are certainly right to echo comments by the departing chief constable on his concerns about the increasing use of the police as a first port of call for incidents where there is clearly a mental health element—or where that is the substantive element of the situation—how police deal with those situations, how they are prepared to deal with those situations and what happens thereafter when someone has to be removed from that location to another place and where they go. There has been a lot of discussion about that over the years but it seems to me, certainly anecdotally if not evidentially, that it is increasing substantially.

Will you talk for a few moments about the work? It is a big report and there is a lot in it—chapter 9, for example, went into some of the issues—but will you sum up what the problem is and what the Government should be thinking about?