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All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 2132 contributions
Criminal Justice Committee
Meeting date: 9 March 2022
Jamie Greene
I will maybe continue with Mr Purdie, as he has all the figures. My apologies to the cabinet secretary for not jotting down the figure earlier but I am glad to get an updated number.
How does that figure compare to the number of cases in wider society? Can you contain cases more easily in a prison environment or is it more difficult, due to the nature of the estate?
What effect has any relaxation of some of the restrictions that were needed during the temporary Covid measures—such as those around visitation or people being out on licence or temporary release—had on the relativity of the case rate versus the population? Are we seeing a marked proportionate increase in the positivity rate as a result of the relaxation of some of those restrictions?
12:30Criminal Justice Committee
Meeting date: 9 March 2022
Jamie Greene
Thank you, convener. I would be happy to come back in later with other questions.
Cabinet secretary, you mentioned that you had read or listened to a number of our evidence sessions. As other members have alluded to, there is a difference of opinion on the success or otherwise of virtual trials. I want to clarify the difference between the Government’s proposals on the on-going ability for people to give evidence virtually—which I think has been found to be helpful and beneficial for witnesses and specialists, as well as for the most vulnerable in specific cases—and trials being done completely virtually. We have heard that very few such trials have been done, so we do not really know what effect they have.
I will pose the same question that I posed to the previous panel. Would it not be more prudent to conduct a much wider pilot of virtual trials before we embed in legislation any permanency to such trials?
Criminal Justice Committee
Meeting date: 9 March 2022
Jamie Greene
We understand the concept of increasing time limits so that cases do not time out. That is entirely appropriate and it would be difficult to argue against it. However, increasing time limits has a substantial impact on both parties—victims and accused, and, in particular, accused who are held on remand.
Other than not allowing cases to time out, what possible justification is there for extending case time limits? Is that the only suitable reason?
Criminal Justice Committee
Meeting date: 9 March 2022
Jamie Greene
On a technical level, therefore, the provisions are an extension of temporary powers. Is that extension time limited or permanent?
Criminal Justice Committee
Meeting date: 9 March 2022
Jamie Greene
Why do you need to have the power in future?
Criminal Justice Committee
Meeting date: 9 March 2022
Jamie Greene
I thank the Government for its briefing, albeit it was not easy trying to digest 18 pages overnight, given the technicalities of the problem.
I want to get my head around the bigger picture. During last week’s statement, we did not have a lot of time to go into detail, due to pressures on chamber time. This is a great setting in which to do that. Is 1,317 the maximum number of cases that have had a wrong risk assessment as a result of information technology glitches, or could there be more cases and you need to do further work to find that out and how far back the problem goes?
Criminal Justice Committee
Meeting date: 9 March 2022
Jamie Greene
The language that is being used is around live or known public protection issues, but is the cabinet secretary confident that no one has been released earlier than they should have been? If anyone has been released earlier than they would have been under normal circumstances—were it not for the IT glitch—did any of those people, at any point in the past, pose a public protection issue? Outwith normal reoffending rates, which we talked about earlier, did any of those people go on to reoffend or end up back in the system? I guess that we are looking for a little bit more comfort that those who were released inadvertently did not go on to reoffend.
Criminal Justice Committee
Meeting date: 9 March 2022
Jamie Greene
If we work on the assumption that people are innocent until proven guilty, which is a cornerstone of the Scottish legal system, do they not deserve the right to a physical trial if they want one?
Criminal Justice Committee
Meeting date: 9 March 2022
Jamie Greene
That implies that clearing the backlog is more important than the rights of an individual in Scottish law, and I would dispute that.
Criminal Justice Committee
Meeting date: 2 March 2022
Jamie Greene
Thank you for outlining why you disagree with those elements of the bill.
Stuart Murray, we have heard that the backdrop or context for this is the backlog of cases. I hope that I am incorrect in assuming that, because of the backlog, there is an inevitability about extending the time limits, because so many cases will simply not reach the first, second or third stages of proceedings without some form of extension. No one wants cases to fall off the edge of a cliff because they have reached technical time limits—that is not good for the accused or the complainer. What is the bar association’s view?