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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 31 January 2026
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Displaying 3928 contributions

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Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 1 February 2023

Audrey Nicoll

We are just under 10 minutes away from the end of our scheduled time with you, cabinet secretary. I have a question on the release of long-term prisoners on a reintegration licence, which section 7 provides for. It provides for that in two situations: before and after the Parole Board has recommended release on parole. In relation to the second of those situations, we took evidence from John Watt, chair of the Parole Board for Scotland, who advised us that it would need a power to reverse its parole decision if an offender failed to comply with the conditions of release on a reintegration licence. Is there a plan to amend the bill to provide for that power?

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 1 February 2023

Audrey Nicoll

I will move things on and then come back to you, Fulton.

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 1 February 2023

Audrey Nicoll

Thank you. There will be more questions on that in due course. Collette, you would like to come in, followed by Fulton.

Criminal Justice Committee [Draft]

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 1 February 2023

Audrey Nicoll

Absolutely. I agree with all that, and it brings me nicely to a follow-up question that has been raised in committee and was raised recently when I was on a visit to HMP Grampian. People there spoke about how planning for release should start on the day that somebody enters prison. One scenario that is difficult for prisons, families and stakeholders who support an individual is unplanned or unanticipated release from remand. We are grappling with how we can make the process less volatile and perhaps less unpredictable so that, in those circumstances, something is put in place that supports that individual when their leaving prison is not planned.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 25 January 2023

Audrey Nicoll

Thank you, Mark.

Jim Kerr, do you want to follow up on any points about the risk management and assessment procedures that are in place and any implications of the bill for those?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 25 January 2023

Audrey Nicoll

Thank you very much. Members will probably come back to you with more questions. Jamie Greene, would you like to come in?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 25 January 2023

Audrey Nicoll

Katy Clark and Fulton MacGregor want to come in on that, but I will first pick up on the issue of unexpected release from remand, which has been flagged up to me recently. In that situation, there is potentially little or no provision in place for the person when they walk out of the prison gate. That has implications for them, which we have highlighted this morning. With regard to the bill’s provisions, what needs to be put in place when release from remand is unexpected?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 25 January 2023

Audrey Nicoll

Sorry, I beg your pardon—I was distracted for a moment. I will bring in Fulton MacGregor and then Russell Findlay.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 25 January 2023

Audrey Nicoll

Finally, I will bring in Rona Mackay. I know that some other members want to ask more questions, but time is against us.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 25 January 2023

Audrey Nicoll

We are just coming up to our end time for this panel, and Jamie and Rona want to come in. We will come back to you if we have time, if you do not mind.