The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 19 contributions
Criminal Justice Committee
Meeting date: 24 June 2026
Stephen Kerr
We have the Scottish sentencing and penal policy commission report that you describe now—it is quite a heavy document. Are there elements of that report that you believe are actionable and would require legislation? Can you call them out so that we can see from your vantage point what should be a priority for us as legislators?
Criminal Justice Committee
Meeting date: 24 June 2026
Stephen Kerr
Does that account for—
Criminal Justice Committee
Meeting date: 24 June 2026
Stephen Kerr
I understand that the statute will bring us in line with the rest of the United Kingdom, and I understand the imperative that lies behind it. None of us has lodged a motion to annul. However, I place on record my concern for those who currently own such dogs, because, without insurance, they will become fully liable for any costs that arise from the dogs, particularly in relation to third parties. I put on record my hope that the Scottish Government and the insurer will make it clear to the dogs’ owners that that is the reality, because, as was alluded to by the deputy convener, the Dogs Trust has borne a cost, and that cost will now be borne in full by the owners. It is important that I put on record that the owners need to be fully apprised of what will now be their full legal responsibility for their dog.
Criminal Justice Committee
Meeting date: 24 June 2026
Stephen Kerr
That would be true elsewhere as well, though.
Criminal Justice Committee
Meeting date: 24 June 2026
Stephen Kerr
That is great.
There are many other things to discuss, but I am conscious that I have taken up enough time.
Criminal Justice Committee
Meeting date: 24 June 2026
Stephen Kerr
There is a much longer discussion to be had about the report and its implications in terms of policy, implementation and potential legislation, but I want to go back to the issue of remand.
A quarter of everyone who is in prison is on remand; most of them are awaiting trial. You described an increase over time in the proportion of those in prison who are on remand—pre-Covid, through Covid and post-Covid. How does that compare with other jurisdictions? What are those numbers like in other parts of the United Kingdom and in Europe?
Criminal Justice Committee
Meeting date: 24 June 2026
Stephen Kerr
That would be a good insight to have.
Criminal Justice Committee
Meeting date: 24 June 2026
Stephen Kerr
Again, thank you for the work that you do, which is invaluable to us in the Parliament. The letter that you wrote on 12 September 2025 to the Cabinet Secretary for Justice and Home Affairs is one of the most plainly distressing letters that I have read as a member of Parliament. You said that
“prisons stop being places of rehabilitation and become warehouses”.
That is pretty stark language. There is a lot of stark language in the letter, and I wish that we had more time to go over it with you, but, on this occasion, we do not.
I hope that I am not reading between the lines but, in the letter, you seem to be saying that just releasing prisoners early is not a sustainable solution, and you specifically call for a greater focus on the purpose of prison to reduce levels of reoffending.
What you and the convener have said is interesting. At the end of the letter you said that you were concerned that nothing much would happen between then and the election. You then talked about
“any solutions requiring legislative change after the election”.
In the letter, you alluded to the fact that you thought that there was a legislative gap. What did you have in mind that I am not getting from reading the letter?
Criminal Justice Committee
Meeting date: 24 June 2026
Stephen Kerr
We do not have time to go through everything in the report, but one of the most alarming things in it for me is the mortality rate in our prisons. It would appear that, in Scotland, the probability that you might die if you go to prison is three or four times higher than it is in any other part of the United Kingdom. It seems hugely disproportionate, even given the challenges that you outlined in your report and in the letter that you wrote to the cabinet secretary in September. Is there something that we as a committee should be focused on that would alleviate the risks that exist for prisoners? Given that we have 790 deaths a year per 100,000 prisoners—that makes us the worst in Europe by a long chalk—there must be something that we can look at that would help us get to the root of it.
Criminal Justice Committee
Meeting date: 24 June 2026
Stephen Kerr
You mentioned legislation and we had a discussion about it. Part of the Scottish Parliament’s function is to review legislation. Are there signs that the Bail and Release from Custody (Scotland) Act 2023 is helping, is it making things worse, or is it having no impact at all? What is your steer on that? The committee could look into it.