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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 14 August 2025
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Displaying 1131 contributions

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Criminal Justice Committee [Draft]

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

Meeting date: 1 February 2023

Rona Mackay

That is important. It is about getting out the message of reassurance because, at first glance, the perception is that the red flag that I mentioned and the safety net are being removed, but, when you drill down into it, you see that that is not the case. That is helpful. Thank you very much.

Criminal Justice Committee [Draft]

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

Meeting date: 1 February 2023

Rona Mackay

Good morning, cabinet secretary. I will ask you, as I have asked practically all our witnesses on the bill, about section 23D of the Criminal Procedure (Scotland) Act 1995. You spoke about that in your opening statement. I was having difficulty understanding the support for the removal of that section, but after our session with our adviser earlier this morning, I am much clearer about it. He described section 23D as a kind of red flag that is used as a marker. He also said that if bail was refused under sections 23B and 23C, section 23D would be almost redundant.

I put it to our adviser that the message going out to women鈥檚 organisations, and to domestic abuse victims in particular, was not a good one and that their perception of the removal of that section would not be good. You spoke about one safety test being applied with the removal of section 23D. Would one safety test apply to the unique nature of domestic abuse, where there is individual risk and not necessarily public risk? I wish to reflect the concerns that there are around the issue.

Criminal Justice Committee [Draft]

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

Meeting date: 1 February 2023

Rona Mackay

I want to ask you about emergency release. Restrictions were added to the Coronavirus (Recovery and Reform) (Scotland) Bill during the stage 3 proceedings to restrict the period of early release to no more than 180 days and to prevent the release of prisoners who were serving sentences for domestic abuse offences. Will the Bail and Release from Custody (Scotland) Bill be amended in any way to reflect that? I wonder why those restrictions are not in the bill.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

My question is very much along the same line as Jamie Greene鈥檚. I seek a wee bit of clarification, because the issue is quite difficult to follow. I thank John Watt for the explanation, but I am trying to get my head round how the process works, and it is quite difficult. Are you saying that, at the moment, the board basically has the ability to change its mind and revoke a decision on temporary release and that, if the bill comes into force, you will not have that?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

What is the average length of time鈥攊f there is one鈥攆or temporary release?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

Mr Watt, do you have a different view?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

Those are the three that we heard mentioned. I did not know whether there was a trial period or whether the process was set to continue.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

Right. Are you in agreement with that?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

I will come to Kenny Donnelly first. At the risk of repeating myself, what is your view on the repeal of section 23D of the 1995 act?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Rona Mackay

No, I understand that. It is a mystery.