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The Scottish Parliament is now dissolved ahead of the election on Thursday 7 May 2026.

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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. Session 6: 13 May 2021 to 8 April 2026
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Displaying 4789 contributions

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Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Audrey Nicoll

Okay.

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Audrey Nicoll

A very good morning, and welcome to the first meeting in 2023 of the Criminal Justice Committee. I wish everyone a very happy new year. Apologies from Pauline McNeill have been noted.

Our first item of business is an oral evidence session on the Bail and Release from Custody (Scotland) Bill. Consideration of the bill will be our main item of business over the next few weeks.

Two panels are joining us today. Our first witnesses are Kate Wallace from Victim Support Scotland and Emma Bryson from Speak Out Survivors. I welcome both of you.

I refer members to papers 1 and 2. I intend to allow about 60 minutes for this session. As ever, I would appreciate fairly succinct questions and responses. As time is quite tight, we will move straight to questions.

I will open with a general question for Kate Wallace. We thank you for the submission that Victim Support Scotland has provided to us. In that submission, Victim Support Scotland set out its general concerns about the proposed provisions relating to the use of bail and remand. Will you update members on the details of your concerns, particularly about the new test? I will also bring in Emma Bryson on that.

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Audrey Nicoll

I will just ask a quick follow-up to that and then bring in Emma Bryson. Going back to the sessions that we had, I was not surprised that one of the people to whom we spoke told us that she received a lot of information from the police. In your view, who should have responsibility for communicating with a victim, particularly around, for example, the outcome of a bail appeal or a bail review and some of the other decision making that takes place? Who do you feel is best positioned to have responsibility for that role, or does it stretch across different organisations such as Victim Support and the court system?

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Audrey Nicoll

Of course.

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Audrey Nicoll

To follow on from those responses, I note that a key part of the decision-making process is the information that is provided to the court, on which decisions are based. The provisions in the bill put criminal justice social work front and centre of that process. In their detailed submission, Hannah Graham and Fergus McNeill articulate their views on other contributions to the bail decision-making process and elsewhere—for example, on release from custody and in the third sector.

I will come back to Lesley McAra and then bring in Hannah Graham and Fergus McNeill. Perhaps you could outline your thoughts on the proposals specifically as they apply to criminal justice social work, and your feelings on the practicalities around resourcing, for example, which we hear about time and time again.

Criminal Justice Committee [Draft]

Virtual Trials and Charges for Court Transcripts (Correspondence)

Meeting date: 11 January 2023

Audrey Nicoll

I agree.

I agree with what members said about court transcripts. I suggest that we should clarify with the cabinet secretary whether there is a plan to undertake a consultation on the proposals in advance of the introduction of the criminal justice law reform bill, or whether his letter refers to the fact that that might be done at some future point. There is a lack of clarity about timescales, so I am keen that we get more detail about that.

Are members happy with that approach?

Members indicated agreement.

Criminal Justice Committee [Draft]

Public Order Bill

Meeting date: 11 January 2023

Audrey Nicoll

The next agenda item is consideration of legislative consent issues with regard to the United Kingdom Government’s Public Order Bill. I refer members to paper 3. You will see that the relevant provision in the bill is to extend powers similar to those currently held by Police Scotland to British Transport Police in Scotland for the policing of protests on railway land. The Scottish Government recommends that legislative consent be given to that provision.

I am happy to open the discussion to members now, and we will then consider what recommendation we want to make to Parliament on legislative consent. Do members have any queries or questions?

As there are none, the question is whether the committee agrees with the Scottish Government that the Scottish Parliament should consent to the relevant provisions in the bill as set out in the Scottish Government’s draft motion. Are members happy with that?

Members indicated agreement.

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Audrey Nicoll

I will bring in Katy Clark and then Jamie Greene. We will run the meeting for as long as we need to, but it would be helpful if questions and answers could be succinct.

Criminal Justice Committee [Draft]

Public Order Bill

Meeting date: 11 January 2023

Audrey Nicoll

Are members content to delegate to me the publication of a short report that summarises the outcome of our deliberations on the legislative consent memorandum?

Members indicated agreement.

Criminal Justice Committee [Draft]

Public Order Bill

Meeting date: 11 January 2023

Audrey Nicoll

The matter will now be dealt with in the chamber. All members will decide on the question, based on our report.