Skip to main content

Language: English / Gàidhlig

Loading…

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.  

Criathragan Hide all filters

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 December 2024
Select which types of business to include


Select level of detail in results

Displaying 822 contributions

|

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 June 2024

Angela Constance

You did.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 June 2024

Angela Constance

Every home nation in the UK is struggling with the issue right now, and I have engaged with colleagues across the UK on it; I have had discussions with people in Northern Ireland, in particular. England and Wales have had emergency release provisions for decades, and have had a rolling prisoner release programme since October 2023. Measures have been taken there to utilise police cells, which is not something that we have pursued, and the measures have slowed down the court process. We remain focused on court catch-up.

It is important to consider what is currently available in other jurisdictions for emergency situations, but we can cast our eye further afield to other comparable jurisdictions that have historically always had much lower prison populations than Scotland has. There is not something intrinsic to Scotland—or indeed anywhere else in the UK—

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 June 2024

Angela Constance

Teresa Medhurst, would you like to attempt to answer that?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 June 2024

Angela Constance

I talk to every partner in the justice system about the problems that are associated with the high prison population. That includes the Lord President. He is a defender and protector of the independence of the judiciary—as I am and as we all are, by law. I talk to each and every partner in our justice system about the problems that are associated with a high prison population, because it will ultimately require a whole-system solution. It is beholden on me to raise awareness, increase the visibility of community disposals, discuss with people how they think the implementation of, or response to, the presumption against short-term sentences is going, and articulate the effectiveness of robust community disposals. That does not take away from the independent decision making of partners. In short, I discuss the matter with everybody, Mr Findlay.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 June 2024

Angela Constance

The proportion was 25 per cent.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 June 2024

Angela Constance

Well, we have—

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 June 2024

Angela Constance

There are a number of factors in that. I will specifically address the issue of long-term prisoners. Although the statutory instrument runs for a short period of time—that window is short—the effect on the prison population will be longer and should get us past the summer and into autumn.

That is why, as I outlined in my statement on 16 May, we will do a short exercise over the summer to consult on release arrangements for long-term prisoners. We will openly discuss the question of what proportion of a long-term sentence should be served under community supervision. For people who are not released on parole, that is currently six months. If sentences are going up and someone has served six, eight, 10, 12, or 14 years, is six months of compulsory supervision at the end of their sentence long enough to reintegrate them?

We need to have that conversation and look at the evidence. I am not prejudging the specifics, although I am strongly of the view that now, almost 10 years since the Prisoners (Control of Release) (Scotland) Act 2015 was passed, is the time to look at that, because it is one of the underlying factors behind our high prison population.

I also said in my statement that, depending on the response to that consultation, and with the approval of colleagues, I would seek to bring forward expedited legislation. We must do more. Emergency release is absolutely necessary right now, but we cannot take our foot off the gas. We must bring forward additional proposals, over and above what I have already reported to Parliament, and that is one of them.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 June 2024

Angela Constance

I understand and take absolutely seriously the legitimate and real concerns that victim support organisations raise. I will not repeat the safety measures or safeguards in the arrangements. Collectively, we will continue to engage with victim support organisations.

However, with regard to being trauma-informed, that is why we implemented the sections in the 2023 act, whereby victims can, if they choose, have the information shared with a victim support organisation, either instead of, or at the same time as, the information being given to the victims.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 June 2024

Angela Constance

I am sure that Mr Findlay is aware of the existing victim notification and information schemes.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 12 June 2024

Angela Constance

It is one of many factors. Changes have been made to the release of long-term prisoners, there have been changes to home detention curfew, with the number of prisoners on an HDC dropping, and there has been an average increase in sentences of 14 per cent. HDC is one of the factors.