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 1945 contributions
Criminal Justice Committee
Meeting date: 2 March 2022
Katy Clark
It is clear that we have a crisis. The word “bottleneck” has already been used. When we heard from the Scottish Prison Service last week, it put the proportion of prisoners on remand at 30 per cent, which is higher than the previous figure that we were given—the most recent official figure—of 27 per cent. It is clear that we must address the problem. What are the alternatives? In what ways could we change the system to address the crisis? Does Vicki Bell have any suggestions, based on her experience?
Criminal Justice Committee
Meeting date: 2 March 2022
Katy Clark
Approximately £500 million was cut from the legal aid budgets up until 2019. Since 2019, there have been increases. The 5 per cent increase that has been proposed in the Scottish statutory instrument before us is obviously below current inflation rates. Do you accept that it is, in effect, a cut?
Criminal Justice Committee
Meeting date: 2 March 2022
Katy Clark
But the rates that lawyers are receiving are broadly similar to those that they were receiving in 2007, although there have been increases since 2019. Do you think that explains why so many lawyers are now saying that they will no longer do legal aid work?
Criminal Justice Committee
Meeting date: 2 March 2022
Katy Clark
We have written to the Scottish Courts and Tribunals Service, asking for information about the extent to which virtual trials and other forms of criminal procedure have taken place during the pandemic. As you know, the bill proposes that, in summary cases—many thousands of cases every year—the default should be virtual. I appreciate that you will not have numbers, but, so that we can take an evidence-based approach in our decision making, will you indicate how many virtual cases you think have taken place or, anecdotally, what percentage of defence agents’ casework would have been virtual during the pandemic; whether you are aware of any evidence as to what happened during those cases, including outcomes—whether the verdict was guilty, not guilty or not proven; and what kind of charges and sentences were involved in those cases? I appreciate that you will not have researched those issues, but can you give us a feel for the level to which virtual trials have been taking place in summary cases—perhaps in different sheriffdoms—or in relation to specific types of charge?
I do not know whether Vicki Bell has anything to say on that. She said that she had not dealt with any such cases—which, in itself, is of great interest.
Criminal Justice Committee
Meeting date: 2 March 2022
Katy Clark
I ask Stuart Murray to come in on those issues.
Criminal Justice Committee
Meeting date: 2 March 2022
Katy Clark
It has been suggested by some defence agents that the balance between prosecution and defence has been impacted by virtual courts, with fewer people being acquitted. Are you aware of that having been said, or have you seen it in any way?
Criminal Justice Committee
Meeting date: 2 March 2022
Katy Clark
I take it from what you have said that you think that we need to review whether individuals who are currently on remand need to be where they are, or whether there are alternatives for them.
Criminal Justice Committee
Meeting date: 2 March 2022
Katy Clark
I understand.
Will Stuart Murray pick up on that issue? What alternatives can you suggest as to what we do in the here and now, given the crisis that we face?
Criminal Justice Committee
Meeting date: 2 March 2022
Katy Clark
That would be useful. Will you explain what the PDSO is?