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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. Current session: 13 May 2021 to 8 November 2025
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Displaying 939 contributions

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Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 25 January 2023

Fulton MacGregor

Thank you for that clarity, Mr Donnelly.

I have a question on the provision in section 1, on the input of justice social work. My colleagues Russell Findlay and Audrey Nicoll have already picked up on that issue, so I will keep it brief. You have talked a wee bit about the resource implications of the bill. Presumably, however, if the bill has the desired effect, more sheriffs would take up the option of supervised bail or other disposals.

I know that you cannot speak for the social work department. Nevertheless, do you see how those procedures could be managed if there was more bail supervision? What sort of resources might be required for that?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 25 January 2023

Fulton MacGregor

I want to pick up on David Fraser’s last point. In the court session that we watched last week—that was useful, as other members have said, and I thank you for the opportunity—bail was granted on all but one occasion. Do you think that the bill is actually targeting the other courts that you mentioned, in which remand rates are 12 per cent and 27 per cent, rather than the court that we attended?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 25 January 2023

Fulton MacGregor

I accept that. I just wanted to get your thoughts on the record.

Equalities, Human Rights and Civil Justice Committee

Budget Scrutiny 2023-24

Meeting date: 24 January 2023

Fulton MacGregor

Thanks. That is really useful.

Equalities, Human Rights and Civil Justice Committee

Budget Scrutiny 2023-24

Meeting date: 24 January 2023

Fulton MacGregor

I thank the panel for giving us their views—you have covered quite a bit. I have a short question about the emergency budget review, which some of you touched on. Do you feel that equalities and human rights concerns have risen specifically out of the emergency budget review? How do you think that the budget might have addressed those concerns? I do not have a particular preference for the order that people answer in—if you want me to choose, I will ask Alison first.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 18 January 2023

Fulton MacGregor

I have a couple of quick questions for the witness. This has been the shortest panel session so far—thanks very much for that.

One of the concerns that we heard was about non-appearance at court and the seriousness of that. However, we have to balance that concern against whether individuals should really be remanded just because they have not attended at court, if every other factor suggests that they do not need to be remanded. We heard about that from at least one if not both of our earlier panels today, and we have heard about it previously.

Would the police have some sort of role in the area? I do not think that it would be anything to do with the bill, but there might be police policy to explain the seriousness of attending at court. I know that the police do that anyway, but perhaps it needs to be looked at it in another way, if the bill is to have the effect on whether people receive remand for just not appearing at court.

It is a very broad question. What role do the police have to ensure that people attend at court and do not put themselves in the position where they do not appear five times, or whatever the case may be? It can even be more than that.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 18 January 2023

Fulton MacGregor

I do not disagree with any of that.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 18 January 2023

Fulton MacGregor

That was eloquently put, as ever. Thank you.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 18 January 2023

Fulton MacGregor

If the suggestions that have been put forward for inclusion in the bill are realised, will that increase the opportunity for joined-up working before a decision on bail is made?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 18 January 2023

Fulton MacGregor

Thanks for that. From what we saw in Glasgow, it seems that there is a good connection between the courts and the criminal justice social work team there, but we have also heard that that connection might not be as good everywhere across the country. I refer the committee to my entry in the register of members’ interests, because I worked in the area, previously.

My second question is about how the legislation might be implemented. The criminal justice social work teams that produce the criminal justice social work reports on sentencing and the community payback orders when people are sentenced are generally separate—certainly in Glasgow and where I worked previously, in Lanarkshire—from the community justice teams. Bail supervision teams are also a separate entity. I do not know the numbers in Glasgow, but those teams are usually pretty small. In Lanarkshire, there are perhaps two folk.

How do you see that working? It is probably not for this panel of witnesses to answer, but do you see the provisions working through a specific bail supervision team rather than with the rest of the community justice team? People on bail have not yet been sentenced, which is a very important distinction to make. Carrying out bail supervision as well as doing the assessments is a lot of work. If the provisions are to work, where do you see the resources coming from?