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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 18 August 2025
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Displaying 1619 contributions

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Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

Okay.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

I will reframe the question; it is relevant for both witnesses. If the Government鈥檚 intention is to reduce the remand population, there are three important ways of potentially achieving that. One is to narrow the grounds for refusing bail, which would affect the decisions that the judiciary makes. As we have heard, the remand population is quite high because of the backlog of cases and the time spent on remand, so that is an option for change. There is a middle way, which we touched on earlier, around whether the Crown opposes bail in the first place. That is the principal driver when there is a debate over whether or not bail is granted. Could changes be made by clearing the backlog and shifting the culture, procedural or otherwise, around the decision by fiscals to oppose bail?

A third and final way of reducing the remand population would be to narrow the discretion of judges and sheriffs, which would seem to be a last resort. Perhaps we need to do it the other way round: if we narrow the grounds for refusing bail first, everything else will follow.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

That would be helpful. Thank you.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

Thank you.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

No. I am willing to be corrected by our wise adviser, but my understanding is that the provisions in the bill are nothing to do with emergency legislation or pandemics.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

Is that not the inherent problem, though? When you leave it open to politics, there is a risk. Whatever one鈥檚 politics, the judiciary and the executive should be at arm鈥檚 length and politicians should not be interfering in those decisions, or indeed overruling decisions, if we are to ensure the sanctity of the independence of the board.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

It is just about that correlation. There is clearly a disagreement and there are different schools of thought. We are remanding too many people while not necessarily analysing the data on who has been remanded and for what reason. That important piece of work, which would help to inform a view on whether too many people are being remanded, is yet to be done.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

Thank you.

Mr Fraser, you talked earlier about data to which you have access. You have probably heard committee members complain a lot about the lack of available data on the issue.

There seems to be a pyramid. At the top, we have very few people in summary cases being remanded, with people not being remanded unless the offence was grave or the sheriff sees an immediate need to do so. Lower down, we have the serious cases at High Court or solemn level, in relation to which there has been a marked increase in the number of people who are remanded.

Is that due to the nature of the offences that come through the courts, or is the issue simply that, as some people think, too many people are being remanded for the wrong reasons? There is a philosophical debate to be had about that. It seems to me that the volume of remands comes from the serious cases, where remanding someone might be the right thing to do, not just on public safety grounds but for a wide range of reasons.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

The financial memorandum associated with the bill includes commentary that the Government believes that what is proposed will not result in any up-front or one-off costs for the Crown or the SCTS. However, earlier, you stated that some procedural or technical changes would need to be made within the system to accommodate and implement any changes as a result of the bill.

Do you agree with the Government鈥檚 assertion that the bill will come at no cost to your organisations? If you disagree, will you go away and do any associated analysis or work on what changes would be required and the potential costs of making those changes?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

Thank you.