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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 13 September 2025
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Displaying 3579 contributions

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Criminal Justice Committee [Draft]

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

Meeting date: 1 February 2023

Audrey Nicoll

A very good morning and welcome to the fourth meeting of the Criminal Justice Committee in 2023. We have apologies from Pauline McNeill and Katy Clark.

Before we begin, I pay tribute to firefighter Barry Martin, who has sadly died following the tragic fire at the Jenners store in Edinburgh. On behalf of all members of the Criminal Justice Committee, I extend our deepest condolences to Barry鈥檚 family, his friends and all his colleagues in the Scottish Fire and Rescue Service. We know that he will be greatly missed.

Our first item of business is an oral evidence session on the Bail and Release from Custody (Scotland) Bill. We are joined by the Cabinet Secretary for Justice and Veterans and his officials. I welcome the cabinet secretary. His officials are joining us online, and I welcome Jennifer Stoddart, community justice division; Philip Lamont, criminal justice division; Linsay Mackay, criminal justice division; Ruth Swanson, legal directorate; and Jamie MacQueen, legal directorate. They are all with the Scottish Government. I refer members to papers 1 and 2. I intend to allow up to 90 minutes for this session. I invite the cabinet secretary to make a short opening statement, and then we will move to questions.

Criminal Justice Committee [Draft]

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

Meeting date: 1 February 2023

Audrey Nicoll

We are just under 10 minutes away from the end of our scheduled time with you, cabinet secretary. I have a question on the release of long-term prisoners on a reintegration licence, which section 7 provides for. It provides for that in two situations: before and after the Parole Board has recommended release on parole. In relation to the second of those situations, we took evidence from John Watt, chair of the Parole Board for Scotland, who advised us that it would need a power to reverse its parole decision if an offender failed to comply with the conditions of release on a reintegration licence. Is there a plan to amend the bill to provide for that power?

Criminal Justice Committee [Draft]

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

Meeting date: 1 February 2023

Audrey Nicoll

I will move things on and then come back to you, Fulton.

Criminal Justice Committee [Draft]

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

Meeting date: 1 February 2023

Audrey Nicoll

Thank you. There will be more questions on that in due course. Collette, you would like to come in, followed by Fulton.

Criminal Justice Committee [Draft]

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

Meeting date: 1 February 2023

Audrey Nicoll

Absolutely. I agree with all that, and it brings me nicely to a follow-up question that has been raised in committee and was raised recently when I was on a visit to HMP Grampian. People there spoke about how planning for release should start on the day that somebody enters prison. One scenario that is difficult for prisons, families and stakeholders who support an individual is unplanned or unanticipated release from remand. We are grappling with how we can make the process less volatile and perhaps less unpredictable so that, in those circumstances, something is put in place that supports that individual when their leaving prison is not planned.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

Thank you, Mark.

Jim Kerr, do you want to follow up on any points about the risk management and assessment procedures that are in place and any implications of the bill for those?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

Thank you very much. Members will probably come back to you with more questions. Jamie Greene, would you like to come in?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

Katy Clark and Fulton MacGregor want to come in on that, but I will first pick up on the issue of unexpected release from remand, which has been flagged up to me recently. In that situation, there is potentially little or no provision in place for the person when they walk out of the prison gate. That has implications for them, which we have highlighted this morning. With regard to the bill鈥檚 provisions, what needs to be put in place when release from remand is unexpected?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

Sorry, I beg your pardon鈥擨 was distracted for a moment. I will bring in Fulton MacGregor and then Russell Findlay.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Audrey Nicoll

Finally, I will bring in Rona Mackay. I know that some other members want to ask more questions, but time is against us.