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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 2 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

Please give me a second, convener—I was expecting to ask questions on early release, but I will do it in that order.

I do not have a huge amount to ask about time limits, but I am sure that the cabinet secretary has already listened to some of the concerns that have been expressed on the issue. In the previous evidence session, I reiterated the need for limits to be extended to ensure that cases do not expire or time out in any way. No one wants that to happen. However, there is concern about the length of time and the possibility that, because of the backlog, the limits might be permanent rather than temporary. Why might you need a long-term power to extend time limits, given that the proposed limits go way beyond anything ever experienced in the Scottish legal system and, in some cases, beyond international norms, standards and laws?

Criminal Justice Committee

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

Meeting date: 9 March 2022

Jamie Greene

So you deem the power to be proportionate. When will it expire? Will it be in 2025, as set out in the sunset clause?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 9 March 2022

Jamie Greene

I will maybe continue with Mr Purdie, as he has all the figures. My apologies to the cabinet secretary for not jotting down the figure earlier but I am glad to get an updated number.

How does that figure compare to the number of cases in wider society? Can you contain cases more easily in a prison environment or is it more difficult, due to the nature of the estate?

What effect has any relaxation of some of the restrictions that were needed during the temporary Covid measures—such as those around visitation or people being out on licence or temporary release—had on the relativity of the case rate versus the population? Are we seeing a marked proportionate increase in the positivity rate as a result of the relaxation of some of those restrictions?

12:30  

Criminal Justice Committee

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

Meeting date: 9 March 2022

Jamie Greene

Thank you, convener. I would be happy to come back in later with other questions.

Cabinet secretary, you mentioned that you had read or listened to a number of our evidence sessions. As other members have alluded to, there is a difference of opinion on the success or otherwise of virtual trials. I want to clarify the difference between the Government’s proposals on the on-going ability for people to give evidence virtually—which I think has been found to be helpful and beneficial for witnesses and specialists, as well as for the most vulnerable in specific cases—and trials being done completely virtually. We have heard that very few such trials have been done, so we do not really know what effect they have.

I will pose the same question that I posed to the previous panel. Would it not be more prudent to conduct a much wider pilot of virtual trials before we embed in legislation any permanency to such trials?

Criminal Justice Committee

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

Meeting date: 9 March 2022

Jamie Greene

We understand the concept of increasing time limits so that cases do not time out. That is entirely appropriate and it would be difficult to argue against it. However, increasing time limits has a substantial impact on both parties—victims and accused, and, in particular, accused who are held on remand.

Other than not allowing cases to time out, what possible justification is there for extending case time limits? Is that the only suitable reason?

Criminal Justice Committee

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

Meeting date: 9 March 2022

Jamie Greene

On a technical level, therefore, the provisions are an extension of temporary powers. Is that extension time limited or permanent?

Criminal Justice Committee

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

Meeting date: 9 March 2022

Jamie Greene

Why do you need to have the power in future?

Criminal Justice Committee

Risk Assessment in the Justice System

Meeting date: 9 March 2022

Jamie Greene

I thank the Government for its briefing, albeit it was not easy trying to digest 18 pages overnight, given the technicalities of the problem.

I want to get my head around the bigger picture. During last week’s statement, we did not have a lot of time to go into detail, due to pressures on chamber time. This is a great setting in which to do that. Is 1,317 the maximum number of cases that have had a wrong risk assessment as a result of information technology glitches, or could there be more cases and you need to do further work to find that out and how far back the problem goes?

Criminal Justice Committee

Risk Assessment in the Justice System

Meeting date: 9 March 2022

Jamie Greene

The language that is being used is around live or known public protection issues, but is the cabinet secretary confident that no one has been released earlier than they should have been? If anyone has been released earlier than they would have been under normal circumstances—were it not for the IT glitch—did any of those people, at any point in the past, pose a public protection issue? Outwith normal reoffending rates, which we talked about earlier, did any of those people go on to reoffend or end up back in the system? I guess that we are looking for a little bit more comfort that those who were released inadvertently did not go on to reoffend.

Criminal Justice Committee

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

Meeting date: 9 March 2022

Jamie Greene

If we work on the assumption that people are innocent until proven guilty, which is a cornerstone of the Scottish legal system, do they not deserve the right to a physical trial if they want one?