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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 20 April 2025
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Displaying 1669 contributions

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Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Russell Findlay

Can you give me any form of estimate or guess?

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Russell Findlay

One of our concerns was that that approach would incentivise someone who is on electronically monitored bail to delay their court proceedings, which would cause further trauma to victims and witnesses. The offender would know that if there were eventually to be a prison sentence, they would have been able to chip away at their time served. Is that still a likelihood?

10:00  

Criminal Justice Committee

Subordinate Legislation

Meeting date: 5 June 2024

Russell Findlay

It is in everyone’s interests that the process can be trusted, both by the judicial office-holders and potential complainers.

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Russell Findlay

Yes. The emergency release proposal has been signposted for the best part of a year now. Just last summer, the governor of Scotland’s biggest prison talked about a catastrophic incident and said that it was a question of when, not if. A succession of senior SPS people have issued similar warnings.

In the letter that the committee received from the Cabinet Secretary for Justice and Home Affairs last week, she said that the Scottish Government was working on information-sharing agreements between the Scottish Prison Service and four prescribed groups. Those groups include Kate Wallace’s organisation—Victim Support Scotland.

Kate, earlier, you said that you have not even seen a draft of such an agreement. Despite the fact that we have had a year of knowing the direction that we are heading in, your organisation—and, I presume, the other three organisations concerned—are still pretty much in the dark. Is that correct?

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Russell Findlay

However, the prisoners who are released could include other people who have committed acts of violence and other serious crimes. You are saying that, at that point, victims would have to approach one of the four organisations—I am referring to Kate Wallace’s organisation and the other three—and ask for information, and then you would need to go to the authorities to ask for that information.

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Russell Findlay

Will it be in place for some—a fraction—of them?

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Russell Findlay

Last year, the committee, in its pre-budget scrutiny, took evidence on the big picture around spending. Karyn McCluskey told us:

“of the overall justice budget, 2.5 per cent goes to social work and 1.47 per cent goes to community justice.”—[Official Report, Criminal Justice Committee, 1 November 2023; c 54.]

She also made the point that, if we want to do something differently, we have to spend differently. Is it not inevitable, therefore, given those ratios, that we are where we are?

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Russell Findlay

I will ask a quick follow-up question if I have time. There is a presumption against short sentences. In other words, there is a presumption against sentences of 12 months or less, and that has been in place since 2019, I think. However, according to some data that we have, there are roughly 33 prisoners doing three to six months and 70 doing less than one month. Sheriffs have clearly been privy to the full details of those cases before making their sentencing decisions. Do you think that the judiciary in Scotland is paying heed to that specific guideline and, more generally, to the ineffectiveness of short sentencing, as you see it?

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Russell Findlay

As well as that support, other measures could be used, or better used, such as electronic monitoring. For example, remote alcohol monitoring technology is used elsewhere in the United Kingdom to great effect, but it is still not being used in Scotland. Why is there sometimes a reluctance to embrace changes and technologies that might help to alleviate the problem that we are talking about?

Criminal Justice Committee

Emergency Release of Prisoners and Other Key Challenges in Scotland’s Prisons

Meeting date: 5 June 2024

Russell Findlay

It relates to something that was said earlier, and it overlaps with the issue of prisoner mental health. The absence rates for SPS staff were mentioned: I think that Paula Arnold provided a number or a percentage—or was it Phil Fairlie? Sorry. Do you happen to have that number to hand, Phil?