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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 28 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: 14 December 2022

Audrey Nicoll

Welcome back. I welcome our final panel of witnesses: Keith Gardner, specialist adviser with Community Justice Scotland; Suzanne McGuinness, executive director of social work at the Mental Welfare Commission for Scotland; and Sharon Stirrat, justice social work policy and practice lead at Social Work Scotland. Keith Gardner joins us in the meeting room, and Suzanne McGuinness and Sharon Stirrat join us online. We very much appreciate your taking the time to join us.

I intend to allow about an hour for questions and answers. Given that we have two witnesses online, it would be helpful if members could indicate who their question is for and if the witnesses could indicate in the online chat function whether they would like to respond to a specific question.

I will start with a general opening question. The bill would require a court to give justice social work the opportunity to provide information relevant to bail decision making. I am interested to know whether, in broad terms, you support that provision. Can you set a bit of context around that? I will bring in Keith Gardner first.

Criminal Justice Committee

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

Meeting date: 14 December 2022

Audrey Nicoll

Thanks very much, Suzanne. That was really informative. You will be aware that the bill seeks to ensure that personal release plans for prisoners are developed, too, so the comments that you have made on that will be very helpful.

Criminal Justice Committee

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

Meeting date: 14 December 2022

Audrey Nicoll

I wonder whether I can come back to Suzanne McGuinness with a question, given her position in the Mental Welfare Commission for Scotland. The committee is aware of a recent report by the commission that covered arrangements for release from prison. Can you expand a bit more on the report鈥檚 findings and whether you feel that the bill鈥檚 proposals will contribute to addressing the problems that you have identified?

Criminal Justice Committee

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

Meeting date: 14 December 2022

Audrey Nicoll

Who would you like to come in first, Fulton?

Criminal Justice Committee

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

Meeting date: 14 December 2022

Audrey Nicoll

Thanks very much, Gillian. Rhoda or Sandra, would you like to come in on that? I appreciate that this is focusing on bail and that your contribution perhaps relates more to release from custody, but you are very welcome to add anything.

Criminal Justice Committee

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

Meeting date: 14 December 2022

Audrey Nicoll

Thanks, Sandra. Rhoda, would you like to comment on that?

Criminal Justice Committee

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

Meeting date: 14 December 2022

Audrey Nicoll

Thanks very much, Gillian. I do not know whether either of our other two witnesses would like to come in. I will go to Sandra first and then Rhoda.

Criminal Justice Committee

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

Meeting date: 14 December 2022

Audrey Nicoll

I am watching the time. I will put a final question to all three of the witnesses on something that I do not think we have covered this morning, which is the proposal in the bill that minimum standards for throughcare be developed. It is a simple question: are you supportive of that proposal?

Criminal Justice Committee

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

Meeting date: 14 December 2022

Audrey Nicoll

I will come in with a couple of questions. I am looking at the submission from the Wise Group, so I will come to Charlie Martin initially. I found your submission comprehensive, with a lot of good points teased out in it. I will ask a couple of questions about the release of long-term prisoners and the use of a reintegration licence.

10:15  

You mention the benefit of all categories of prisoners being made eligible for early release, whether under a reintegration licence or a home detention curfew. The eligibility assessment process would involve each case being decided on its merits, and, where release is refused, the reasons for that would be communicated clearly and a plan to address that would be put in place.

You comment on the underutilisation of processes of that type, such as a home detention curfew. Do you have any further comments on where鈥攁nd why you feel that鈥攖here would be benefit in that type of early release option being better used?

Criminal Justice Committee

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

Meeting date: 14 December 2022

Audrey Nicoll

My follow-on question was going to be on who should inform the process. From what you and other witnesses have said, the third sector is clearly integral to the process. At what point on the timeline should that process start and sectors such as the third sector become involved? I will go back to you, Tracey, and then Charlie and Lynne can pick up on anything else.