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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 11 August 2025
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Displaying 1169 contributions

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Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 June 2024

Sharon Dowey

Okay. There are a few other things, but I will leave it there.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 June 2024

Sharon Dowey

One of my other concerns is planning and preparation, which are on-going. Last week, the emergency release was described as a “breathing space”, but medium and long-term plans are needed. When asked about the future plans last week and what discussions were on-going with the Scottish Government, Phil Fairlie of the Prison Officers Association Scotland said:

“that is not being shared with us. It is not a conversation that we are involved in. The conversation might be going on elsewhere but not with us.”—[Official Report, Criminal Justice Committee, 5 June 2024; c 46.]

Cabinet secretary, you mentioned in your opening statement changing needs and the ageing prison population. We have also heard about the need for halfway houses, supervised bail hostels, GPS monitoring, secure care homes and mental health facilities. However, when asked about that, Wendy Sinclair-Gieben, who is HM chief inspector of prisons, said:

“I would have to echo Phil Fairlie’s comments and say that, if the Scottish Government is taking action on those things, I am not aware of it.”

She went on to say that she had been raising these issues for some time, but that

“I have not seen any written plans or any action planning”.—[Official Report, Criminal Justice Committee, 5 June 2024; c 46.]

This is just a breathing space. What are we actually doing? What conversations and actions are taking place so that we do not end up, in another six or nine months, saying that we will have another emergency release of prisoners?

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Sharon Dowey

I am just aware that we already have a presumption against short sentences and in favour of bail being granted rather than someone being held on remand, and I am thinking about the consequences of that, and about a victim knowing that the prisoner is going to get out of prison anything from a month to six months early. It might be better if the court could say that the person should be subject to electronic monitoring or given a community payback order rather than just being released without any other penalty.

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Sharon Dowey

The cabinet secretary’s letter says that the process would be used

“if they think that they would pose an immediate risk of harm to a specified individual or group of individuals if released.”

How would that information come to you?

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Sharon Dowey

A few comments have been made about early release being a breathing space and not much more, and having medium and long-term plans has been mentioned a few times. Have those medium and long-term plans been written down, and are you in discussion with the Scottish Government on those? Do we have medium and long-term plans? Obviously, this is just a breathing space, so what are we going to do to improve the situation for the future?

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Sharon Dowey

One thing that has been mentioned is looking at the whole system to see what we need to improve or change. We have mentioned supervised bail hostels, remand centres, what I might describe as a kind of secure care home for some of the ageing prison population, which has a lot of health needs, and perhaps a secure mental health unit for those who have severe mental health problems. Are those things just being talked about or is anybody in discussion with the Scottish Government on them? Is the Scottish Government actually taking action on those?

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Sharon Dowey

We have, for example, a presumption against short sentences and a presumption for bail. However, earlier, you mentioned that there is now an increased remand population. Has that approach worked or has it just moved people away from having short sentences to a situation where we have repeat offenders who eventually end up in jail on remand, sometimes for a substantial time before they are seen at court? Is that approach working?

11:45  

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Sharon Dowey

Will conversations happen in advance to make sure that somebody who is going to be released will not be released unless there is safe accommodation for them to go to? I have heard stories where somebody has been released and it has not been until 4 o’clock that afternoon that they have known where they were going to stay that night. Will there be conversations with family members if there are instances in which family members might be concerned about a person’s early release?

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Sharon Dowey

My question goes back to the issue of electronic monitoring. Lynsey Smith, you said that there is a marked difference from the previous time when people were released early, because we are not living with Covid restrictions. Do you think that the people who are released early should be put on electronic monitoring?

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Sharon Dowey

I was going to come to that next. We already know that, when people are released from prison, there can be issues with housing, medical supplies, getting a bank account or sorting out benefits. Families Outside made the comment:

“For some families, the return of a parent or other family member from prison is not always a positive experience. A lack of notice about the upcoming releases can make the experience even more stressful for families and, in some cases, may place them at risk of harm.”

Is enough support provided when people are released early? We are doing this at pace. What are the concerns?