The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1454 contributions
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
I will start, and Graham Robertson can continue. I want to try to keep this as simple as possible. In relation to notification requirements, there is obviously the initial notification following an offence, and people are required to submit a range of information to the police. There are also requirements for people who change their information; Graham Robertson can add to that. We are also looking at further measures in the Crime and Policing Bill. The interactions between the different kinds of legislation are quite intricate, so I will pass you over to Graham Robertson, if you do not mind.
12:15Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
The SSI adds a requirement for someone to notify the police if they apply for a gender recognition certificate when they have been convicted of a sexual offence that requires notification. There is a list of information that they would have to notify the police of. The SSI adds to the long list of information requirements that people have to adhere to a requirement for that person to notify the police if they apply for a GRC. The SSI is focused and specific, and I am not sure what other concerns you are referring to, Ms Dowey.
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
There are automatic exclusions. Examples of such exclusions include: if the prisoner does not consent; if they are subject to notification requirements under part 2 of the Sexual Offences Act 2003—that is, if they are a registered sex offender; if they are subject to an extended sentence; or if they are subject to a supervised release order. Those exclusions are to ensure that, where the court has decided that there is an elevated risk and a short-term prisoner needs a supervised release order once they are out, such prisoners are subject to an extended sentence or have to be part of sex offender notification—
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
The number of people and the resource are increasing. My expectation is that, when a court orders something, it will occur.
Ms Clark makes an important point about confidence in the availability of community disposals, and indeed that is why I have had a particular focus on community justice. However, part of the work of the sentencing and penal policy commission is to examine not only how custody operates but how community disposals are used. In short, much more work needs to be done.
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
As I said earlier, officials proactively came to me to discuss the content of the DPLR Committee’s report. I have not looked in detail at the concerns to do with the drafting of the instrument, although officials have certainly raised all those issues with me.
I will ask Ms Hutchison and other officials to answer any questions on drafting. I am not a lawyer—I am all about the policy and the intent. I have a prison population that I need to address and, if you will forgive me, that is my priority, notwithstanding the importance of the issue.
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
I am not conceding that point. The information and advice that I have had is that, although the DPLR Committee and members have raised concerns, I am not aware of any suggestion that we are acting outwith our legal competence or are engaging in any illegality.
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
I take advice from officials on drafting. Ms Hutchison, do you have anything to add?
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
On the here and now, the borrowing limits on the Scottish Government, set by the UK Government, are a real constraint. However, what is more specific to justice is the fact that, even were Police Scotland to borrow, that would have to be covered by the justice portfolio, so there is no additionality as a result of borrowing by Police Scotland or other justice partners. We are constrained by the lack of flexibility in our overall—
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
In moving the motion, I want to put on record my appreciation of the committee’s time and scrutiny of the policy and the issues that have been raised by the DPLR Committee. I have listened carefully. I know that members around this table have an understanding of the gravity of the situation that is faced in our prisons, and that they also understand that the Scottish Government is working hard to pursue as many initiatives as possible so that we have a full range of action to alleviate the very stressful position in our prison service today.
Motion moved,
That the Criminal Justice Committee recommends that the Management of Offenders (Scotland) Act 2019 and the Prisoners (Early Release) (Scotland) Act 2025 (Consequential Modifications) Regulations 2026 [draft] be approved.—[Angela Constance]
Motion agreed to.
Criminal Justice Committee [Draft]
Meeting date: 26 November 2025
Angela Constance
I do. Colleagues will be familiar with the layering of some of the reforms that have already taken place, such as the fact that the summary case management system sits with the digital evidence sharing capability, the use of body-worn video cameras and the Scottish Courts and Tribunals Service’s investment in the update of the Office of the Public Guardian’s systems. It is not cheap—far from it—but we are all making that journey.