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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
  7. Current session: 14 May 2026 to 9 October 2026
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Displaying 101 contributions

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Criminal Justice Committee [Draft]

Victims’ Perspectives

Meeting date: 30 September 2026

Maggie Chapman

Thank you. I will turn to Marsha Scott. Following on from that point about wanting there to be fewer victims in the future and the need to take a holistic approach to harm reduction now and in the future, Scottish Women’s Aid has been very clear that community disposals cannot guarantee safety. You said that earlier today, and you have said it previously as well. What do we need to do to ensure that a genuinely survivor-led community disposal is possible, given what we know about not only reoffending rates for people who get custodial sentences but the harm that is done by custodial sentences to the perpetrators and to future victims when they get out?

Criminal Justice Committee [Draft]

Victims’ Perspectives

Meeting date: 30 September 2026

Maggie Chapman

Yes. Are we not stratifying that data well enough to understand which of those are related to domestic abuse?

Criminal Justice Committee [Draft]

Victims’ Perspectives

Meeting date: 30 September 2026

Maggie Chapman

For community sentencing, it is roughly 23 or 24 per cent. For custodial sentences, it is 56 per cent.

Criminal Justice Committee [Draft]

Victims’ Perspectives

Meeting date: 30 September 2026

Maggie Chapman

You make an important point about the need to take a parallel track of prevention and tackling the current system. That has consequential budget and resourcing implications.

Let me turn to Carol Eden. As part of the work that Victim Support Scotland does with various groups, there is a lot of talk about how we can make our justice system genuinely survivor or victim centred. You spoke about the communication process and about people being informed and having the perception of safety. Will you unpick the distinction between what a survivor-centred or victim-centred justice system should look like, by which I mean what survivors tell you they need, and our focus on things such as custody rates and sentence lengths? There is a mismatch there.

Criminal Justice Committee [Draft]

Custodial and Community Sentences

Meeting date: 30 September 2026

Maggie Chapman

That is helpful. The committee will look forward with interest to the research from the pilot when it is published. Do you get adequate information when there have been breaches of community conditions to enable you to distinguish between wilful disregard of justice and unmet needs, such as housing or addiction support? Can you use that information in determining whether you award a custodial sentence?

Criminal Justice Committee [Draft]

Custodial and Community Sentences

Meeting date: 30 September 2026

Maggie Chapman

Thanks, Scott, that is really helpful.

My final question is for Karyn McCluskey. You responded to a question about the difference in reoffending rates, and we are also aware of the harm that custody can cause, particularly to people who have experienced trauma and other vulnerabilities.

Locking people up might be appropriate in some cases, but how do we reduce the number of circumstances in which custody is necessary? What do we need in the community system to reduce that number?

Criminal Justice Committee [Draft]

Custodial and Community Sentences

Meeting date: 30 September 2026

Maggie Chapman

Maureen, what do we need to start measuring the right and more appropriate things? Just because we do not measure something does not mean to say that it is not important. What resources or other things would we need to achieve the shift?

Criminal Justice Committee [Draft]

Custodial and Community Sentences

Meeting date: 30 September 2026

Maggie Chapman

And resourcing it appropriately.

Criminal Justice Committee [Draft]

Custodial and Community Sentences

Meeting date: 30 September 2026

Maggie Chapman

I know that other members will come back to the figure of £25 million. Scott, you talked about the willingness to use alternatives to custody across sentencing. We still have examples of those alternatives not being used. How do you balance the information that you get about the availability of programmes and what needs to be there to give you confidence to use the system, and things such as public confidence and people questioning whether the alternatives are punishment?

Criminal Justice Committee [Draft]

Victims’ Perspectives

Meeting date: 30 September 2026

Maggie Chapman

The evidence that we heard earlier indicates that community sentences are better, but you are saying that there is not the evidence for domestic abuse cases specifically.