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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 29 November 2024
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Displaying 1639 contributions

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Criminal Justice Committee [Draft]

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

Meeting date: 1 February 2023

Russell Findlay

Thank you.

Criminal Justice Committee [Draft]

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

Meeting date: 1 February 2023

Russell Findlay

My final question is about bail. One of the inevitable consequences—indeed, the intended consequence—of the bill is that there will be more people on bail and, therefore, greater reliance on supervised bail, using measures such as electronic monitoring. We heard evidence from academics who take the view that two days under such conditions should have a direct trade-off, in effect, for any future sentencing, with a ratio of two days under such conditions to one day in custody. Do you agree with that? Does the bill factor that in in any way, or is it not part of it?

Criminal Justice Committee [Draft]

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

Meeting date: 1 February 2023

Russell Findlay

Will the bill state that? Will it prescribe it or will it be entirely discretionary?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Russell Findlay

I thank David Fraser for facilitating our visit to Glasgow sheriff court the other week. I found it to be enlightening. The care and attention that was being put into bail decisions was pretty robust, and was consistent with what I have seen over the years. The sheriff gave everything due consideration, and the fiscal did a hard job competently, with a lot of cases to deal with.

Most of the people whom we have heard from so far say that there are far too many people on remand; ergo, people should be bailed more often. The responsibility for that ultimately lies with the judge, but the Crown plays a huge role in that, with its input.

Written evidence from the Howard League Scotland suggests that

“significant cultural change—particularly amongst some parts of the Crown and judiciary—will be required”

to fundamentally change things with the bill, if it is passed. I suppose that I am asking whether that criticism of the Crown is a fair comment. Is this about cultural changes, or is it really about resources, as just about everything else is?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Russell Findlay

It is worth getting on the record that we have been asked not to ask certain questions about a particular case that is being reported on today because we are discussing the Bail and Release from Custody (Scotland) Bill. I will therefore ask about that.

So far, we have heard from 21 witnesses, and the vast majority, but not all, of them believe that there is a fundamental problem around this issue. If you look at the statistics on crimes that are committed by people while on bail, the general public might wonder what we are trying to fix, given that, for example, in the past five years, there have been 49 rape convictions, 54 homicide convictions and 962 attempted murder convictions of people on bail.

I suppose that my question is a broad, overarching one: do the witnesses have a view on whether the bill is necessary and whether the task of keeping the public safe is being done adequately under the current model?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Russell Findlay

In essence, the Scottish Police Federation and Victim Support Scotland say that the more people are bailed, the more they will offend. A significant proportion of crimes are already committed by people who are on bail. If resources are not put into managing those people and more people are bailed, is the inevitable consequence that there will be more crime and more victims?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Russell Findlay

The Scottish Police Federation says that Police Scotland is

“struggling with the management of high-risk offenders and cannot safely manage this within current resourcing arrangements”.

Police Scotland disagreed with that. You are on the front line and at the sharp end. You deal with those cases. Who is right? What is the real picture?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Russell Findlay

Just quickly, in response to something that John Watt said—

Criminal Justice Committee

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

Meeting date: 25 January 2023

Russell Findlay

Yes—sure.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Russell Findlay

Does the Crown have a view on the provision in the bill that written decisions should be provided for bail reasons?