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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

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

Meeting date: 25 January 2023

Audrey Nicoll

Our second panel today consists of Kenny Donnelly from the Crown Office and Procurator Fiscal Service and David Fraser, who is executive director of court operations with the Scottish Courts and Tribunals Service. A warm welcome to both of you.

We will move straight to questions. I intend to allow around 75 minutes for the panel. I will go first to David Fraser, on the issue of grounds for refusing bail. The Crown Office’s submission looks at that in some detail. It has been suggested that the concept of public safety should be defined in the Bail and Release from Custody (Scotland) Bill. Do you think that it would be helpful to have a definition of that? What should that cover? What elements should be included?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

Does anybody else want to come in?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

Okay. I will leave it at that. I think that other members will be interested in probing the specific issue of public safety a little more.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

That is helpful. I have a question about a very practical issue, which came up during the committee’s visit to Glasgow sheriff court last week. Is there order in a custody court list or is it quite random?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

We are on time, so I will allow Russell Findlay to ask a quick question, after which Jamie Greene wants to clarify a point. He has promised me that he will be even quicker.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Audrey Nicoll

We recently visited a third sector organisation that supports individuals who are at the point of leaving prison. What came across very strongly to me was the issue of timing and the value that seems to be placed on the likes of third sector organisations being able almost to insert themselves into prison prior to an individual walking out of the gates. I found that very powerful; the organisations are catching somebody, as it were, before they walk out of the prison and potentially become lost to services or difficult to engage with. That made complete sense to me, and I would like to explore your views on that a little bit more.

I will come to Nancy Loucks first.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Audrey Nicoll

I will bring in Katy Clark and then Collette Stevenson. I ask people to watch the time.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Audrey Nicoll

For the record, the Crown is coming in next week to give evidence. Some of our discussion today has referenced that organisation. It will be interesting to hear some of its commentary.

Before I bring the session to a close, we have not really had a chance to cover part 2 of the bill. Our second panel of witnesses, who have joined us in the public gallery of the committee room this morning, may be interested in that. Before we finish, I would like to ask whether you have any specific views on part 2 of the bill in respect of release from prison—particularly Friday releases, the power to release early, and the key issue of release planning. I will do things in reverse order. I will bring in Stuart Munro first. I will then come to Joanne McMillan, and I will finish with Fred Mackintosh.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Audrey Nicoll

Thank you very much, chief inspector. There are no more questions. This has been a nice, neat panel with which to end our morning. We appreciate your time.

That concludes the public part of our agenda. We will now move into private session.

12:51 Meeting continued in private until 13:03.  

Criminal Justice Committee

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

Meeting date: 18 January 2023

Audrey Nicoll

A very good morning to everyone, and welcome to the second meeting of the Criminal Justice Committee in 2023. There are no apologies this morning.

The first item of business is an oral evidence session on the Bail and Release from Custody (Scotland) Bill. We have three panels joining us this morning. The witnesses on our first panel are Stuart Munro, convener of the criminal law committee of the Law Society of Scotland, who we hope is joining us online; Fred Mackintosh KC from the Faculty of Advocates; and Joanne McMillan, committee member of the Glasgow Bar Association. A very warm welcome to you all.

I refer members to papers 1 to 3. I intend to allow up to 75 minutes for this session. As time is tight, I ask, as ever, for succinct questions and responses.

On that note, I will move straight to questions and ask our panel a very general opening question. Section 1 of the bill relates to input from justice social work to inform bail decisions. I am interested in your views on whether courts are currently provided with sufficient information when they are taking decisions on bail and remand. That is a very general question to open up with. I will come to Fred Mackintosh first, then bring in Joanne McMillan, and then we will come to Stuart Munro.