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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 29 June 2025
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Displaying 3500 contributions

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Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

Thank you—that is helpful. John Watt, do you have anything to add on that?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

Sadly, I will have to bring the session to a close. I thank the witnesses very much indeed. I apologise for my earlier lapse in concentration, which was highly unprofessional, but I will blame it on the late night in the chamber last night. If members have any follow-up questions, we will write to the witnesses.

We will have a short suspension to allow our witnesses to leave.

10:38 Meeting suspended.  

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Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

Our second panel today consists of Kenny Donnelly from the Crown Office and Procurator Fiscal Service and David Fraser, who is executive director of court operations with the Scottish Courts and Tribunals Service. A warm welcome to both of you.

We will move straight to questions. I intend to allow around 75 minutes for the panel. I will go first to David Fraser, on the issue of grounds for refusing bail. The Crown Office’s submission looks at that in some detail. It has been suggested that the concept of public safety should be defined in the Bail and Release from Custody (Scotland) Bill. Do you think that it would be helpful to have a definition of that? What should that cover? What elements should be included?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

Does anybody else want to come in?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

Okay. I will leave it at that. I think that other members will be interested in probing the specific issue of public safety a little more.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

That is helpful. I have a question about a very practical issue, which came up during the committee’s visit to Glasgow sheriff court last week. Is there order in a custody court list or is it quite random?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

We are on time, so I will allow Russell Findlay to ask a quick question, after which Jamie Greene wants to clarify a point. He has promised me that he will be even quicker.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Audrey Nicoll

David, do you want to comment on that?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Audrey Nicoll

May I intervene at that point? We are enjoying and finding significant value in your comprehensive answers, but I am mindful of time, and I have four members who want to come in. I hate cutting you off.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Audrey Nicoll

Just on the point about under-18s that you covered earlier, it is worth noting that the next bill that committee will deal with is the Children (Care and Justice) (Scotland) Bill. There is a presumption in it to send under-18s to secure care and not prison. Obviously, we will look more closely at that issue down the line.