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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

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

Meeting date: 18 January 2023

Rona Mackay

From a non-legal point of view, I ask: why remove them anyway? What is the point? It does not send out a good message to non-legal people. From what I have heard this morning, if someone asked me why those provisions were taken out, I am not entirely sure that I could convince them why that was done.

The KC who was here referred to a case in Livingston and the introduction of section 23D in 2005. It was a horrific case—you might remember it. The person who was released went on to kill an 11-year-old boy and then hanged himself. He had been given bail, and the case was so shocking that the then First Minister decided that we needed to do something about it. I am unclear why those provisions are being removed.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

I understand that.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

Do you think that they are getting enough information about that?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

We know about the serious rates of mental health and addiction problems for domestic abuse victims.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

Does it go down to individual solicitors such as you, who know about those things and will proactively look for them? Are there some who just say, “Well, this is the system. This is what happens. You will be remanded” or whatever?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

There would be fewer women on remand if more people were able to go to those things.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

Are all sheriffs aware of those options?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

That is reassuring.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

Okay. That is good to know.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

David Mackie, would you like to comment briefly on that?