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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 5 May 2021
  6. Current session: 12 May 2021 to 2 May 2025
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Displaying 1114 contributions

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Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Sharon Dowey

A few comments have been made about early release being a breathing space and not much more, and having medium and long-term plans has been mentioned a few times. Have those medium and long-term plans been written down, and are you in discussion with the Scottish Government on those? Do we have medium and long-term plans? Obviously, this is just a breathing space, so what are we going to do to improve the situation for the future?

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Sharon Dowey

One thing that has been mentioned is looking at the whole system to see what we need to improve or change. We have mentioned supervised bail hostels, remand centres, what I might describe as a kind of secure care home for some of the ageing prison population, which has a lot of health needs, and perhaps a secure mental health unit for those who have severe mental health problems. Are those things just being talked about or is anybody in discussion with the Scottish Government on them? Is the Scottish Government actually taking action on those?

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Sharon Dowey

We have, for example, a presumption against short sentences and a presumption for bail. However, earlier, you mentioned that there is now an increased remand population. Has that approach worked or has it just moved people away from having short sentences to a situation where we have repeat offenders who eventually end up in jail on remand, sometimes for a substantial time before they are seen at court? Is that approach working?

11:45  

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Sharon Dowey

Will conversations happen in advance to make sure that somebody who is going to be released will not be released unless there is safe accommodation for them to go to? I have heard stories where somebody has been released and it has not been until 4 o’clock that afternoon that they have known where they were going to stay that night. Will there be conversations with family members if there are instances in which family members might be concerned about a person’s early release?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 29 May 2024

Sharon Dowey

Are you surprised that the PIRC has not sent any policies to HMICS to review?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 29 May 2024

Sharon Dowey

It seems that, as the issue has been highlighted quite a few times in our evidence, ministers might want to direct a review.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 29 May 2024

Sharon Dowey

David Kennedy of the Scottish Police Federation told us that, in England and Wales, a lot of Lady Elish Angiolini’s

“recommendations are getting turned back. They are now reversing what she recommended, because they have realised that a lot of it does not work.”—[Official Report, Criminal Justice Committee, 8 May 2024; c 47.]

A number of non-legislative recommendations have been implemented. From our evidence, a lot of improvements seem to have been made, and there have been a lot of positive comments. Has anyone done a full review of the impact and benefits that are now in place, rather than pushing ahead with the legislative recommendations? Has anyone reviewed the comments that David Kennedy made about England and Wales to see what the issues were and whether it is still worth going ahead with the legislative process?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 29 May 2024

Sharon Dowey

I am sticking with the theme of regulations. The Scottish Police Federation told us that the current performance regulations, which came in alongside the conduct regulations in 2014, have never been used. That was disputed by Police Scotland. Deputy Chief Constable Speirs said:

“the conduct regulations were introduced in 2014. Now we are in 2024, they are not fit for purpose, and a number of gaps are restricting our progress, such as the inability to fast track a process; equity or parity of voice at conduct hearings; our inability to proceed without delay, as we have to wait for criminal proceedings to be completed”

and a few other things.

When asked if we needed to get those things into the bill now, instead of having to wait for secondary legislation, he said:

“That would be my ask of the committee.”—[Official Report, Criminal Justice Committee, 22 May 2024; c 41.]

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 29 May 2024

Sharon Dowey

So, the bill is needed.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 29 May 2024

Sharon Dowey

That is why I was asking whether any instruction would be given to HMICS to review any of what is being done. Given that, as you have said, it will take time after the legislation is passed before anything is implemented, is any work being done just now to speed up the process?

The representatives of Police Scotland to whom we have spoken have told us that they can say what the problems are. Last week, Craig Naylor said that there are lengthy delays for victims who have made a criminal allegation, and that that is a matter for the Lord Advocate. Are discussions being held with the Lord Advocate about whether we can change some of the things that are wrong? Is the Lord Advocate looking at ensuring that, if there is irrefutable evidence that means that somebody should be dismissed from their role, they can be dismissed at that point, instead of having to wait for the criminal proceedings to take place?