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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 3 May 2025
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Displaying 1514 contributions

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Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Jamie Greene

How will you decide which cases to prioritise? For example, will cases in which a person is being held on remand versus cases in which a person is not being held on remand but is on licence or on bail be prioritised? Will gender-based sexual violence or domestic abuse cases be prioritised? Will cases of a more serious nature that you think require more immediate disposal be prioritised? The biggest point of view that we get from victims of crime is simply about the lack of communication and not knowing and understanding why cases have been delayed or repeatedly put off, sometimes for a number of years. That is a huge cause of concern for many victims.

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Jamie Greene

That is helpful. Just to clarify, you are saying that nothing in the Covid legislation that we are talking about today will mean a move to a virtual trial being the default position, which could then be excluded on application for a physical trial. At the moment, all parties must consent and if all parties do not consent, there will be a physical trial. Will the legislation change that in any way?

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Jamie Greene

You have pre-empted my last question—thank you, cabinet secretary. On resource, which is linked to funding, are you satisfied that the Crown, the defence sector, all the stakeholders that are involved and the SCTS have sufficient people, places and money to clear the backlog by 2026? Given the evidence that we heard from the previous panel, it appears that there are significant pressures in processing all aspects of cases, from people being charged right through to court disposals. At every stage, there are new and additional pressures. What is your level of confidence that the backlog will be cleared in four years, which is already a long time?

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Jamie Greene

What about the public safety of the public, as opposed to the public safety of prisoners? Was that not taken into account?

Criminal Justice Committee

Risk Assessment in the Justice System

Meeting date: 9 March 2022

Jamie Greene

It is a supplementary question on a technical point. Am I correct in thinking that, if someone has been released, there is no recall to prison?

I also want to know whether there is anyone who is currently due for automatic early release rather than assessment-based release but who may have been incorrectly risk assessed. If so, will there be a moratorium on their automatic early release if there is the potential that they have been wrongly risk assessed by the IT system?

Criminal Justice Committee

Risk Assessment in the Justice System

Meeting date: 9 March 2022

Jamie Greene

Would such people be released anyway due to the policy on release, even if they have been wrongly assessed? That is the crux of my question.

Criminal Justice Committee

Risk Assessment in the Justice System

Meeting date: 9 March 2022

Jamie Greene

I am keen to let others in, convener. If anything jumps out at me, I will jump in again.

Criminal Justice Committee

Risk Assessment in the Justice System

Meeting date: 9 March 2022

Jamie Greene

Sorry—I appreciate that there is a technical answer to a simple question, but the problem is that I have not heard the answer yet. I want this to be absolutely clear. There are 1,317 cases, of which 1,032 are closed and the rest are open. Is there the potential for other cases to be affected by the IT glitch?

My second question is linked to the first. If the issue goes back prior to the IT centralisation project—the cabinet secretary said in his statement that that might have brought the issue to light in the first place—surely that means that, for a number of years, the system was getting it wrong. What work is being done to identify how many other cases there might be in which risk was incorrectly identified? What do you think the scale of that might be? Are we talking about tens, hundreds or thousands of cases? How many prisoners have been released in the past 10 years? I suspect that that is a substantial number. Does the Government know how many people might have been wrongly risk assessed prior to release? I do not want to know just about current cases but about those going back 10 years.

13:00  

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Jamie Greene

On early release, exactly how many people have been released earlier than the current statutory automatic early release? What was the nature of their term in prison? I refer to the average length of sentence and the types of offences for which they were in prison. If, as we heard from another witness, they tended to be people serving 18 months or less, I presume that they would have been released at nine months anyway, so how much of their sentences did they serve before they were released early?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 9 March 2022

Jamie Greene

I have a final question. Will there be any improvement in transparency relating to how frequently the powers are used and the impact of those powers as they are used on a case-by-case basis, given that the powers are used in different ways in different establishments? HMIPS and other stakeholders have written to us to express concern about clarity and transparency in how and when the powers were used. If the use of such powers remains a feature, will transparency be improved, particularly for the benefit of the families of those who are in prison?