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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 1 November 2024
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Displaying 1007 contributions

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Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Pauline McNeill

Thank you.

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Pauline McNeill

Cabinet secretary, I had an exchange with Teresa Medhurst and Gerry O’Donnell about the plans for the new HMP Glasgow in the earlier part of the meeting. I am sure that I do not need to rehearse how urgent the matter is, or the pressure on the prison population, the standards for prisoners and so on. When I tried to press them on the completion date—there has been some press coverage on the issue—it was unclear to the committee what the date is or what the ambition for the date is. Teresa Medhurst said that that will depend on the capital allocation. I am not sure what she meant by that. I presume that she meant that the SPS is in discussion with the Scottish Government about what capital allocation will be available to it in the year of building the prison. It is hard to follow this. Is the Scottish Government prepared to make the capital allocation when it is required for the build of HMP Glasgow?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Pauline McNeill

Thank you. I understand. You were not cabinet secretary at the time, but in the chamber I was particularly exercised, as I have been for some time, about the extension of time limits. The first point to make is that for some reason the Scottish Courts and Tribunals Service was, before coronavirus, outwith the time limits of the Criminal Procedure (Scotland) Act 1995 by several months. We never got to the bottom of why that was allowed to happen in the first place. That is why I have severe reservations about allowing further extensions, albeit that I accept that progress has been made.

There is one particular debate that I want to highlight and ask you about. I can at least understand where the Government is coming from in relation to solemn proceedings and extending the time limits on first appearance, the preliminary trial and the trial itself. I have never had an explanation about what happens on indictment. The Crown previously had 80 days to prepare a case; under the regulations it will have 320. Why on earth is that? I need to press the matter. If you have not done this, will you do it? The Crown should be pressed to the nth degree on why it needs 320 days to prepare a case. Compared to other justice services, it has had better settlements over the years on pay, although I know that there is still a significant shortfall. How on earth can it justify asking for the extensions? I am at a loss to understand the preparation of the detail of an accusation in court following indictment. I am very suspicious as to why there is the extension.

The Crown has always complained that 80 days is too tight, but we have always said, as a country, that we are proud of the tight time limits. You might remember the debates that we have had through the years. I need to press you on why the Crown needs an extension to 260 days, until 2026, to prepare cases?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Pauline McNeill

If you get this power and there is national jurisdiction, that is exactly what will happen. Cases will just be tried in courts wherever they can be tried, I presume.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Pauline McNeill

I have a point of clarification about virtual attendance at criminal courts. I have expressed my concern about what I have seen so far. The quality is not good enough to justify that being a replacement for physical attendance. Does this apply to custody courts? My reason for asking is that I thought that the Government had supported my amendment on not having virtual appearances at custody courts. You do not have to answer that today; it is just that I am confused by this.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 8 November 2023

Pauline McNeill

I do not think that that is accurate. Just for completeness of the record, there was one amendment that was accepted by the Government and I understood that that was because of the experience of custody courts going on until 10 o’clock at night—in Glasgow anyway—at huge cost to the public purse, because the quality of the connection was so bad. I saw for myself the mistakes that were being made and, for that reason, I thought that at least there was a ban on virtual appearances at custody courts. Anyway, I would be grateful if I could get some clarification on that. For that reason, I have to raise my concerns about the continuation of virtual appearances.

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Pauline McNeill

Do you agree that there is an urgent need to replace Barlinnie?

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Pauline McNeill

l am only asking the panel what I already asked them. Can you give us a rough indication of the year?

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Pauline McNeill

We have been told that it is expected that the design will be complete in April next year, but we currently have no idea whatsoever about how the prison will be built. I understand that it is a big infrastructure project. Will you press the relevant people to provide an estimate of when the project can start? Am I right in thinking that, if you have a design plan at that point, you can cost it?

Criminal Justice Committee

Pre-budget Scrutiny 2024-25

Meeting date: 8 November 2023

Pauline McNeill

You will see them in April.