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 151 contributions
Criminal Justice Committee
Meeting date: 9 September 2026
Pauline McNeill
That is helpful. Lastly, I want to ask Tony Lenehan about the position of the Faculty of Advocates. Are there any issues with a shortage of advocates, or is the profession equipped for the number of cases that the system has expanded to cover? Is there anything that you want to tell us about that?
Criminal Justice Committee
Meeting date: 9 September 2026
Pauline McNeill
I want to talk for a minute about reform. The criminal justice journey must be reformed end-to-end so that national justice organisations can operate a more coherent system. Malcolm Graham, I know what you have to say about this, which is that it is not just about getting more courts. Can you say in a bit more detail how you envisage reform and what it would look like to you? What needs to be done?
Criminal Justice Committee
Meeting date: 9 September 2026
Pauline McNeill
I will interrupt you there. I am interested in the High Court. I know that we have done a lot of work on solemn cases. Does that mean that the preliminary trial arrangement, where evidence is supposed to be agreed or not agreed, is not working?
Criminal Justice Committee
Meeting date: 9 September 2026
Pauline McNeill
Do you mean between the preliminary trial and the trial?
Criminal Justice Committee
Meeting date: 9 September 2026
Pauline McNeill
I have two questions. Yesterday, a paper was sent to us by the Children and Young People’s Centre for Justice. It is all about the gaps in the law and the position of the United Nations Convention on the Rights of the Child—you might be familiar with it. The paper says that article 12 does not cover the child’s right to communicate during their case hearing, but includes their collective ability to communicate. It also says that there is currently no provision in place for independent advocacy for a child accused in the court system, despite a similar provision existing for a child appearing before a children’s hearing panel. Rhona Willder, can you explain why we arrived at that point?
Criminal Justice Committee
Meeting date: 2 September 2026
Pauline McNeill
A public policy decision has been taken by agencies that they are going to the children’s panel at 17 years old. I know that that is the case.
Criminal Justice Committee
Meeting date: 2 September 2026
Pauline McNeill
Are you saying that it is something that you physically cannot plan for? Does something have to change?
Criminal Justice Committee
Meeting date: 2 September 2026
Pauline McNeill
That is really helpful—thank you.
I have two further questions in two different areas. It seems to me that we are hearing about a crisis in the prison system. We cannot start with a clean sheet of paper, but it seems obvious that there is a need for some revisualisation of the estate. David Linden spoke about the number of older prisoners and we know that only too well, because chief executives have talked about the changing nature of the prison population. Jim Watson talked about the lack of progression through prison. It seems that we need an overhaul rather than just short-term management, but that would be a bigger question.
Would expansion of the open estate not be one obvious answer? I know that we closed Noranside prison, although I am not clear why. That is surely one issue that we should ask the cabinet secretary to revisit. There must be offenders who would, if they were given rehabilitation, meet the criteria for open prison. I liked the word “progression” that Jim used, because it cut to the chase. If the system was more free-flowing, could we get more people out and would that help you to manage the prison estate?
Criminal Justice Committee
Meeting date: 2 September 2026
Pauline McNeill
Can I quickly ask Jim Watson about orders for lifelong restriction?
Criminal Justice Committee
Meeting date: 2 September 2026
Pauline McNeill
My final question might be for the panel generally. I hear what everyone is saying about the remand population and the question of purposeful activity and all that. We are becoming very alive to all the pressures on the prison staff who are trying to manage all this, but I am deeply disturbed that we might not get any answers on how to relieve the pressures and we might not be able to do anything at all in the short term.
I do not know what the answer is, but I want to finish by asking about that. The fact that a remand prisoner would not get access to fresh air every day—a basic—because of the pressures of overcrowding makes part of me think that maybe we should just legislate for some of the human rights around this. I am not arguing for that per se, but surely something can be done to improve the conditions that remand prisoners in Scotland face before we can start to make some changes to the prison system. Alternatively, do you feel that nothing can be done?