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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 19 August 2025
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Displaying 903 contributions

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Criminal Justice Committee

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

Meeting date: 25 January 2023

Fulton MacGregor

I want to ask about the provision in the bill that gives powers to social work. I was thinking about what I might ask, given each of your positions in the criminal justice system, and I have decided that I would like to focus on the area that Jim Kerr spoke about. He said something that we have heard before: that most people who are held on remand do not go on to serve a custodial sentence, which is a hugely important point.

Is there any part of the system in which an assessment could be done of the likelihood of a custodial sentence? It is hard to say, because obviously people have to defend themselves and they are innocent until proven guilty, but I think that it could be done through the social work input that the bill provides for, in which social workers provide assessments on bail. As part of that assessment, could there also be an assessment of the likelihood of custody should the person be found guilty, or am I making this too confusing?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Fulton MacGregor

I think that Katy Clark wanted to ask a question, convener.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Fulton MacGregor

I understand what you said about risk assessments, as I have a background in that area. Those risk assessments are generally well recognised as being about the risk of offending. However, given that the purpose of the bill is to tackle the issues of remand, which Jim Kerr has spoken eloquently about and on which we have heard from other witnesses, could the risk assessment also include assessing the risk that remand poses for the person?

10:15  

It is clear that this provision in the bill is all about giving sheriffs more information to make decisions and more leeway to steer people away from remand. I understand that no risk assessments are carried out specifically on those areas. The risk of future offending is crucial and key, and there would be no change in that respect. What do you think about my suggestion?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Fulton MacGregor

I think that a temporary moment of confusion came over the whole committee, so apologies for that.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Fulton MacGregor

Thank you for that clarity, Mr Donnelly.

I have a question on the provision in section 1, on the input of justice social work. My colleagues Russell Findlay and Audrey Nicoll have already picked up on that issue, so I will keep it brief. You have talked a wee bit about the resource implications of the bill. Presumably, however, if the bill has the desired effect, more sheriffs would take up the option of supervised bail or other disposals.

I know that you cannot speak for the social work department. Nevertheless, do you see how those procedures could be managed if there was more bail supervision? What sort of resources might be required for that?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Fulton MacGregor

I want to pick up on David Fraser鈥檚 last point. In the court session that we watched last week鈥攖hat was useful, as other members have said, and I thank you for the opportunity鈥攂ail was granted on all but one occasion. Do you think that the bill is actually targeting the other courts that you mentioned, in which remand rates are 12 per cent and 27 per cent, rather than the court that we attended?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Fulton MacGregor

I accept that. I just wanted to get your thoughts on the record.

Equalities, Human Rights and Civil Justice Committee

Budget Scrutiny 2023-24

Meeting date: 24 January 2023

Fulton MacGregor

Thanks. That is really useful.

Equalities, Human Rights and Civil Justice Committee

Budget Scrutiny 2023-24

Meeting date: 24 January 2023

Fulton MacGregor

I thank the panel for giving us their views鈥攜ou have covered quite a bit. I have a short question about the emergency budget review, which some of you touched on. Do you feel that equalities and human rights concerns have risen specifically out of the emergency budget review? How do you think that the budget might have addressed those concerns? I do not have a particular preference for the order that people answer in鈥攊f you want me to choose, I will ask Alison first.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Fulton MacGregor

I have a couple of quick questions for the witness. This has been the shortest panel session so far鈥攖hanks very much for that.

One of the concerns that we heard was about non-appearance at court and the seriousness of that. However, we have to balance that concern against whether individuals should really be remanded just because they have not attended at court, if every other factor suggests that they do not need to be remanded. We heard about that from at least one if not both of our earlier panels today, and we have heard about it previously.

Would the police have some sort of role in the area? I do not think that it would be anything to do with the bill, but there might be police policy to explain the seriousness of attending at court. I know that the police do that anyway, but perhaps it needs to be looked at it in another way, if the bill is to have the effect on whether people receive remand for just not appearing at court.

It is a very broad question. What role do the police have to ensure that people attend at court and do not put themselves in the position where they do not appear five times, or whatever the case may be? It can even be more than that.