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Seòmar agus comataidhean

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 26 November 2024
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Displaying 2941 contributions

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Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Audrey Nicoll

Thank you very much for that information, cabinet secretary. We will move straight to questions. I will open with a question on the early release of prisoners. I know that we have a separate agenda item on risk assessment, but I want to focus on early release in the context of the Covid-19 pandemic.

In my area, the north-east, agencies collaborated very closely on early release. They worked well together, particularly on prisoner release from HMP Grampian. The risk assessment and other processes, especially for throughcare and victim contact, were informed and robust. That said, I know that there is some concern about that aspect of the early release process, albeit that I recognise that the last early releases took place back in 2020.

You said that powers that are no longer required in the criminal justice system will not be used, but do you have any more comments on early release itself? Could those provisions be improved or adapted? Are they required at all?

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Audrey Nicoll

Of course.

Criminal Justice Committee

Risk Assessment in the Justice System

Meeting date: 9 March 2022

Audrey Nicoll

I am watching the clock—

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Audrey Nicoll

That is helpful. We have a couple of other themes to cover, but first I will bring in Russell Findlay.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 9 March 2022

Audrey Nicoll

Thanks very much; that is helpful. Before we go round the room, I will kick off questions with a general opening question on the justification for the six-month extension.

Restrictions are being removed in most other areas and things are opening up, albeit in the context that there are still cases—you mentioned earlier the numbers that we have been seeing in the past week or so. The pandemic is still very much with us, but is the proposal to extend the provisions slightly out of sync with what is happening in other areas? Does it reflect the Scottish Government’s current guidance on coronavirus and restrictions?

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Audrey Nicoll

Another aspect of early release is public safety. Police Scotland has commented on that being a priority and I do not think that anyone would disagree with that. Does the process for assessing risk with regard to early release have public safety at its heart and, if so, will that continue?

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Audrey Nicoll

It is helpful to understand that. We can sometimes miss the practical issues in the evidence that we receive.

I have a follow-up question, which is probably for David Fraser. In the letter that we received this week from the SCTS, which was helpful on the issue of virtual summary cause trials, you expressed an intention or desire to establish domestic abuse courts in each sheriffdom in Scotland. However, in the previous submission that you sent to the committee, you argued that use of virtual hearings should be dealt with by individual courts. I imagine that consideration of rural issues, city-based courts and so on would feed into that. Will you expand a little on the decision making or rationale behind how each sheriffdom might put in place virtual court arrangements?

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Audrey Nicoll

I have a final quick question before I hand over to Russell Findlay. Back in January—just a couple of months ago—we received an update from, I think, Eric McQueen that the backlog will probably last until about 2025. However, in some of the evidence that has been submitted recently, there has been reference to the year being 2026. Will you clarify that?

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Audrey Nicoll

On David Fraser’s point on continuing to comply with 1m physical distancing, do you have an idea of when you can remove that requirement? That seems to be a stepping stone towards being able to function at more or less normal capacity.

Criminal Justice Committee

Coronavirus (Recovery and Reform) (Scotland) Bill: Stage 1

Meeting date: 9 March 2022

Audrey Nicoll

We are just about there. Russell Findlay has a final question on this topic, after which we will cover fiscal fines.