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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 23 June 2025
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Displaying 1099 contributions

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Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

It has not, that I am aware of. Obviously, the Deputy First Minister and Cabinet Secretary for Finance will engage with the UK Government but, as I said in answer to an earlier question, the position with our capital budget is extremely challenging. There will be a real-terms reduction of nearly 4 per cent for the next financial year, and between now and 2027-28 there will be a reduction of nearly 7 per cent. There will, of course, be an opportunity for the Deputy First Minister to lay out indicative long-term spends in accordance with the anticipated envelope for resource and capital. However, it is just a matter of fact, as opposed to a political point, to say that the UK Government has not inflation proofed capital. That applies to Scotland and it will also apply to local authorities across the UK and the Welsh devolved Government.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

That measure is expired by the regulations because it is no longer proportionate or required because of the progress that has been made overall in the functioning of our justice system. That measure will expire on 29 November. We have consulted carefully on that, in particular with all our justice partners, and there was support for allowing that part of the coronavirus legislation to expire.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

It will mean that someone can be tried in any court, which means that it could be done in a more local court, as opposed to transporting somebody from a prison at one end of the country to a court at the other end. My view is that that is just common sense. Nonetheless, it is a matter for consultation and people will have the opportunity to respond. The Government will have to reflect on the consultation and then there will have to be the normal legislative process. I hope that I can give some reassurance on that process.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

I appreciate that, for ideological reasons, some people may be opposed to fiscal fines as an alternative to prosecution and, of course, all prosecution matters are not for me; they are for the independent Crown Office, for good reason, as we should not have politicians presiding over matters of prosecution. The regulations are not so much about the fundamental existence of fiscal fines but about increasing the scope of the fine from £300 to £500. It could potentially—again, this is a matter for independent prosecutors—reduce the number of cases going to the justice of the peace court if the prosecutor decides to offer a fine.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

Perhaps you could write to the Lord Advocate.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

Perhaps for clarity on the regulations, for most criminal business the default position is that people attend hearings physically, but the provisions give the Lord Justice General a power to issue determinations to change the default to virtual attendance for certain types of case or in certain circumstances. I suppose that virtual appearance is not new. Obviously, there have been developments, extensions of scope and further use of the existing legislative opportunities or the existing powers of the Lord Justice General in relation to the pandemic. The consultation will be on electronic signing and the sending of electronic documents, virtual attendance at the criminal court, national jurisdiction for callings from custody and the maximum level of fiscal fines. That is what the consultation relates to.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Angela Constance

To be clear, convener, while I am aware that Mr Findlay and not victims may have ideological objections to fiscal fines as an alternative to prosecution—

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

Good morning. As you specifically mentioned capital budgets, I will start with that. It is no secret that capital is under extreme pressure. The UK Government has not inflation proofed capital so, in the financial year 2024-25, we will see nearly a 4 per cent real-terms reduction, with nearly a 7 per cent real-terms reduction by 2027-28. The capital position is particularly stretched and severe. We have some prominent commitments, particularly in the prison estate. I have of course had many discussions with the Deputy First Minister and Cabinet Secretary for Finance. As you would expect, there is an intense amount of engagement at this stage prior to the budget. Obviously, the budget will be published in due course and it will be for Parliament as a whole to scrutinise and agree to that budget or not.

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

Obviously, the budget for the next financial year has still to be published and agreed, but I should point out that the changes that SPS made to its throughcare arrangements date back to 2019. I am ensuring that the calendar years 2024 and 2025 will be our implementation period for the Bail and Release from Custody (Scotland) Act 2023. I do not need to rehearse the arguments that were made in this committee on underpinning the focus on throughcare and on starting to plan for people’s release on admission to prison, if they are subject to remand or a determinate sentence.

I will undoubtedly come back to Parliament to discuss how we address our rising prison population, but I am strongly of the view that the actions that we take to address that issue now must also address it in the future. The approaches that we adopt must be not just short-term responses but for the longer term.

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Angela Constance

Yes, and that is the point that I was making. It is in my interests—I am particularly motivated on this—to see those final design plans as soon as possible, so that we can then have a more definitive—