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Chamber and committees

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 1 February 2026
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Displaying 3928 contributions

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Criminal Justice Committee

Scottish Mental Health Law Review

Meeting date: 1 March 2023

Audrey Nicoll

That has brought us nice and neatly to our 45 minutes. Thank you very much indeed, Professor McKay, for attending today’s meeting. Members might have some follow-up questions, and we will write to you with them.

10:16 Meeting suspended.  

10:17 On resuming—  

Criminal Justice Committee

Scottish Mental Health Law Review

Meeting date: 1 March 2023

Audrey Nicoll

Thank you, Professor McKay. That has been a very helpful overview.

We move straight to questions. I will kick things off with a question about section 297 of the Mental Health (Care and Treatment) (Scotland) Act 2003, which deals with an issue that I have been interested in for a number of years. That makes provision for an officer to take a person from a public place to a “place of safety”. The review highlights that much police time is spent dealing with such issues. You referred to the fact that, in May last year, the committee took evidence on that issue. You will know that many people who are in distress are in their homes and therefore in a private place.

The review report outlines a range of issues. That includes noting that the police are not best placed to respond to those situations and that the provisions of the 2003 act are being used to respond to people who are in distress, rather than those who are experiencing acute mental illness, as section 297 of the act refers to.

We note that your review makes some recommendations about that. One recommendation in the report is that the Scottish Government should

“work with health and care agencies to develop alternative places of safety for people who are in distress and at risk”,

and might not necessarily need psychiatric care.

Another recommendation is that the Government should

“review whether the place of safety powers should extend beyond suspected mental or intellectual disability to other people who may be at serious risk.”

That is a rather long-winded introduction to asking you to outline a little more about the review’s work on that particular part of the 2003 act.

Criminal Justice Committee

Scottish Mental Health Law Review

Meeting date: 1 March 2023

Audrey Nicoll

We will come back to what those alternative options and places of safety could look like. I am conscious of the time, so I will bring in other members now and hand straight over to Russell Findlay.

09:45  

Criminal Justice Committee

Decision on Taking Business in Private

Meeting date: 1 March 2023

Audrey Nicoll

Good morning and welcome to the seventh meeting in 2023 of the Criminal Justice Committee. We have received no apologies, and Katy Clark joins us online.

Our first item of business is to decide whether to take in private agenda item 4, which is consideration of the evidence that we will take under item 2. Do we agree to do that?

Members indicated agreement.

Criminal Justice Committee

Scottish Mental Health Law Review

Meeting date: 1 March 2023

Audrey Nicoll

Fulton MacGregor, do you have a follow-up question?

Criminal Justice Committee

Transgender Prisoners and Scottish Prisons

Meeting date: 22 February 2023

Audrey Nicoll

I will move on to questions from Collette Stevenson, and then I will bring in Katy Clark.

Criminal Justice Committee

Priorities in the Justice Sector and an Action Plan

Meeting date: 22 February 2023

Audrey Nicoll

Okay.

I have one final addition, at the end of page 7, under “Residential rehabilitation”. There was a recent statement on residential rehab by the Minister for Drugs Policy—back in January this year, I think—which provided an update about an £18 million commitment to develop stabilisation and crisis care services and align those with detox and rehabilitation. We could get more information on that from the Official Report.

Are there any more specific issues around prisons and prison reform?

Criminal Justice Committee

Priorities in the Justice Sector and an Action Plan

Meeting date: 22 February 2023

Audrey Nicoll

Yes—as in, there was not much of an update.

Criminal Justice Committee

Priorities in the Justice Sector and an Action Plan

Meeting date: 22 February 2023

Audrey Nicoll

We can note that and insert it at the relevant part of the action plan.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 22 February 2023

Audrey Nicoll

I will open the floor to questions. I will bring in Katy Clark, to be followed by Russell Findlay.