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Seòmar agus comataidhean

Official Report: search what was said in Parliament

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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 6 April 2025
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Displaying 912 contributions

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Criminal Justice Committee

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

Meeting date: 25 January 2023

Katy Clark

I will pick up on some of the issues that have been raised.

I found the suggestions in the written submission on the definitions relating to complainer and the withholding of evidence really helpful. The committee will want to consider those and to hear the views of others.

On the definition of “public safety”, it has been suggested to us that it would be helpful for the legislation to refer to “intimate partner”. Is that a helpful suggestion? Could that be part of a wider definition of “public safety”?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Katy Clark

Yes.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Katy Clark

With regard to the public safety test, I understand why you personally perhaps do not want to come forward with a suggestion. Would your organisation be well equipped to look at that? Where do you think those suggestions should come from? If you feel that your organisation is not the place to do that, are you happy to look at a number of definitions and think through what the consequences of those might be in the courts?

It is quite easy for legislators to come up with wording, but predicting how that will be looked at and interpreted in the courts is a different matter. As you know, it is important that we get the wording right and that it has the effect that Parliament intends it to have.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Katy Clark

That is fine.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Katy Clark

Would David Fraser have a view on the definition? Would you want to comment publicly on that?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Katy Clark

Thank you. We have seen the submission that it has made to the Scottish Government.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Katy Clark

I appreciate that we are running out of time. Is Stuart Munro able to add anything to that?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Katy Clark

I have two questions, if that is okay, convener. The first is on the public safety test in the bill. As we know, that is simply not defined, which could cause a great deal of problems. Have you given any thought to how that test could be defined? If we were to keep it in the bill, how could we define it? I may be putting you on the spot too much now, so I would be quite happy to hear from you afterwards in writing.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Katy Clark

Thank you for that. Does Joanne McMillan have any thoughts on that?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Katy Clark

Thank you.