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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 22 July 2025
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Displaying 1619 contributions

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Criminal Justice Committee

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

Meeting date: 14 December 2022

Jamie Greene

Thank you. I am just waiting for the screen to change. It is hard to see who is waving at me to come in.

10:30  

Criminal Justice Committee

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

Meeting date: 14 December 2022

Jamie Greene

The money has to follow. I presume that what happens will have to be backed up by funding.

Criminal Justice Committee

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

Meeting date: 14 December 2022

Jamie Greene

I should declare an interest as I met the Shine group last Friday. I am really impressed by the great work that it is doing. That is an excellent plug.

Tracey McFall, do you have anything to add?

Criminal Justice Committee

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

Meeting date: 14 December 2022

Jamie Greene

You do not want to put a label on it, but is it the responsibility of a local authority, the SPS, a Government agency, social work or some other body? Somebody needs to take ownership; we cannot just leave it open to whomever the individual has a relationship with when they are in custody.

Criminal Justice Committee

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

Meeting date: 14 December 2022

Jamie Greene

The problem is that that could be anyone. Is that your point?

Criminal Justice Committee

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

Meeting date: 14 December 2022

Jamie Greene

I do not disagree with that. The reality, though, is that, as we heard in the first answer, it is all very well saying that someone has a designated mentor, but if that is not backed up by core services—if there are no houses, no skills and training provision and no mental health services—the relationship is helpful, but it is not enough in itself.

Criminal Justice Committee

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

Meeting date: 14 December 2022

Jamie Greene

It was about whether you think that there is a place for the use of alcohol tagging devices. We are already quite familiar with the concept of GPS monitoring as an electronic means of monitoring. Quite a large-scale trial of the approach I am talking about is being done south of the border, where, I think, nearly 7,000 devices have been rolled out, either as part of a community order or a condition of release or bail. In different scenarios, the device can be used in different ways. My understanding is that it seems to have a reasonably high compliance rate, at around 97 or 98 per cent. Do you think that that might be a helpful part of this conversation?

Criminal Justice Committee

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

Meeting date: 14 December 2022

Jamie Greene

I will play devil’s advocate, just to probe and test the issues a little. I will start with Keith Gardner, because you are in the room.

If we are saying that legislation is required to reduce our remand population, is it not a valid observation that the remand population is so high because of the backlog of court cases and the number of people who are being held on remand for unlimited periods of time awaiting trial? There is an inevitability that, had those trials been dealt with far more quickly, some of those people would have been released or would have served enough of their sentence to be released. That is an observation. That number could come down quite quickly if we got through the backlog more quickly.

The second one is maybe more of a philosophical question. My understanding is that the Crown opposes bail only when it feels that there is good reason to, based on the information available, including information given by police and other protagonists. The judiciary will therefore remand someone only if they feel that there is good reason and they are satisfied that the argument has been made well by the Crown to do so. That is not something that we need legislation to fix, surely, because all legislation will do is tie the hands of the judiciary in the parameters that it uses to make those decisions. What do you say to that?

Criminal Justice Committee

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

Meeting date: 14 December 2022

Jamie Greene

I can.

12:30  

Criminal Justice Committee

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

Meeting date: 14 December 2022

Jamie Greene

Thank you—you have answered the question perfectly. The premise was whether this could be addressed through changes to guidelines rather than through statutory changes that are, if you like, a bit more forceful or permanent. The question is: are we exhausting all the opportunities that guidelines might present before we take these bigger steps? I think that you have answered that, though, so thank you.