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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

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

Meeting date: 18 January 2023

Russell Findlay

Thank you.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

We can do without the courts having to interpret more legislation from this Parliament; we get enough of that already.

Would either of the other witnesses care to address that point? It has been very well explained. I have something else that we can move on to if you prefer.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Presumably, the bill seeks to narrow that definition.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Another element that has been referred to is section 23D. My understanding is that, in section 23D of the Criminal Procedure (Scotland) Act 1995, there is a presumption against bail for certain types of offences, including violent offences, sexual offences and domestic abuse offences at summary level and drug trafficking at solemn level, if there is a previous conviction to that effect. That might be overly simplified, but that is more or less it.

All of today’s witnesses are for the abolition of section 23D, but we heard last week from victims groups who are of the view that it should be retained. Do their views cause you to rethink that in any way? If it is to be abolished, could or should it be replaced by something else to give protections to victims?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Russell Findlay

Indeed. Thank you.

Criminal Justice Committee [Draft]

Priorities in the Justice Sector and an Action Plan

Meeting date: 11 January 2023

Russell Findlay

What is the timescale for that? When do the clerks need to know about any queries or amendments?

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Russell Findlay

The written submission from Dr Graham and Professor McNeill is 12 pages long and there is a lot of strong opinion in it. In the past, Dr Graham, you have been politically critical of me and my party. We are thick skinned and it is entirely your prerogative, but I wonder whether such political commentary risks undermining academic neutrality. I also wonder how that reflects our ability to assess the evidence that you have submitted. Is it personal opinion, academic research or something in between?

Criminal Justice Committee [Draft]

Virtual Trials and Charges for Court Transcripts (Correspondence)

Meeting date: 11 January 2023

Russell Findlay

I want to respond quickly to what Collette Stevenson said about the two on-going bits of research. The letter specifies a completion date of spring this year for the Ipsos MORI research. For the other one, it simply says that the analysis will be concluded “in due course”. It is perhaps worth seeking some clarity on that in relation to the issue at hand regarding summary trials, as it could be useful to get a steer from the Scottish Government.

13:00  

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Russell Findlay

Good morning. The intent of the bill is to reduce the number of people on remand and therefore to increase the number of people who are granted bail. We already know that one in eight crimes are committed by people who are on bail.

In your submission, you say:

“The unfortunate reality of more individuals being released on bail that would otherwise be remanded will mean an increase of individuals who commit crime whilst on bail.”

We also hear later in the committee’s paper from some academics who address the same point in their written submission. They say that bail reform

“need not be causally associated with increases in crime.”

Can you explain that a bit more? There seems to be a contradiction there. On the one hand, victims organisations say that more bail equals more crime, and the data that exists suggests that that is the case, but, on the other hand, some academic research or opinion appears to suggest otherwise.

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Russell Findlay

It is about electronic monitoring as time served.