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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 15 August 2025
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Displaying 1673 contributions

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Criminal Justice Committee

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

Meeting date: 25 January 2023

Russell Findlay

There is a huge amount of detail. We have had 21 witnesses so far, with many more to come, and there will be lots of talking in future. However, it is helpful to understand that there is a direction of travel in the criminal justice community.

If the other witnesses want to come in on that, they can, but I have a specific question about prison.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Russell Findlay

I wonder whether that might slow down the process on the day.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

We can do without the courts having to interpret more legislation from this Parliament; we get enough of that already.

Would either of the other witnesses care to address that point? It has been very well explained. I have something else that we can move on to if you prefer.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Presumably, the bill seeks to narrow that definition.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Another element that has been referred to is section 23D. My understanding is that, in section 23D of the Criminal Procedure (Scotland) Act 1995, there is a presumption against bail for certain types of offences, including violent offences, sexual offences and domestic abuse offences at summary level and drug trafficking at solemn level, if there is a previous conviction to that effect. That might be overly simplified, but that is more or less it.

All of today鈥檚 witnesses are for the abolition of section 23D, but we heard last week from victims groups who are of the view that it should be retained. Do their views cause you to rethink that in any way? If it is to be abolished, could or should it be replaced by something else to give protections to victims?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Indeed. Thank you.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

There are two issues: managing people who have been bailed, and early release of prisoners who might need some form of monitoring as part of the conditions of their release. Is it the case that Police Scotland cannot, as the federation states, safely manage that cohort within current resourcing arrangements?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

In perpetuity.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

It is about resources. We are told that the national care service is a work in progress, and the minister told us that it will be at least 2024 before we know whether criminal justice social work will be part of that. If bail is to be radically changed, whatever the outcome, it is almost certain that that will put greater pressure on criminal justice social work. You cannot speak for that sector, but can you foresee how it would possibly cope with the likely increase in work? That question is probably for Joanne and Stuart.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Thank you. Feel free to come in, Stuart, if you would like to.