Justice 1 Committee, 25 Sep 2001

Meeting date: Tuesday, September 25, 2001

Official Report 102KB pdf

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Petition

Item 4 is on a petition by Mrs Elaine Crawford. Members will find attached to their copies of the petition a note from the clerk. I do not intend to go through that note with members, but invite comments.

Members can find the options set out by the clerk on the second page of the note. You do not need to stick to them; they are merely guidance. Do members have any comments on the petition and on how to proceed?

I note that the Public Petitions Committee's recommendation was that we should

"examine the issue of sentencing policy".

I understand that a research study on attitudes to sentencing is under way. However, I would welcome it if this committee were to carry out an inquiry into sentencing, particularly if we could find out whether the sentencing patterns were operating as effective deterrents, especially against more serious crimes and with particular reference to early release and the types of sentences meted out for different offences.

I broadly agree with that. It would be helpful if we could fit that in with the continuing research. I must confess that I had almost forgotten about it. It seems a long time since we commissioned the research, but it appears now to be fairly near its completion. That will be a good time for us to decide whether to hold a further inquiry into sentencing.

I have been reminded by the clerk that the researchers are reporting back in October, and that a forum will debate the matter in November. It might be appropriate, Lord James, if we wait until that is concluded before examining the matter and taking views. We will then have more information before us. We could put the matter back on to the agenda at that stage.

Given that reassurance, I am quite content, but I think that we should pursue the matter, in view of its interest to the general public.

Is everybody agreed that we await the researchers' report and the forum debate?

Members indicated agreement.

Let us return to the petition while putting the sentencing issue to one side for the time being. If we consider the procedures for and delivery of criminal injuries compensation, members will note that the matter is reserved in many respects. I draw members' attention to two questions that they may wish to address, however: first, whether to ask Victim Support Scotland whether it is content that recent improvements instigated by the Home Office and the Criminal Injuries Compensation Authority—the CICA—are sufficient. This option is not listed, but one might also want to ask the Minister for Justice about his views on the changes in the procedures followed.

It appears from the note that the Public Petitions Committee is looking into the aspects of the petition that concern the CICA. I would be more inclined to suggest that the Public Petitions Committee, when it is considering the matter further, contact Victim Support Scotland to ask for its views, instead of our writing to Victim Support. We could end up writing to Victim Support to find out its views only to pass those on to the Public Petitions Committee. Should we write to the Public Petitions Committee to ask it to contact Victim Support?

That might be sensible. We note that the Public Petitions Committee has agreed to seek the views of the Scottish Executive, so that committee would appear to be in charge of the correspondence. If there a role for us after that, would members be content for us to return to the matter?

Members indicated agreement.

Item 5 is subordinate legislation. It appears, however, that the Deputy Minister for Justice is not yet here to speak to the regulations before us. I seem to have rattled on too fast.

We agreed to go into private for items 6, 7 and 8. I inform members of the public that we will go back into public session at 2 o'clock, and ask them to leave just now. I suggest to the committee that we now consider item 7, which involves going back over old ground, for some of us, in the form of our report on legal aid.

Meeting continued in private.

Meeting continued in public.