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I know that you have quotes, but the statistics show that, in 2000, the remand population was 16 per cent; in 2005, it was 17 per cent; five years later, it was 18 per cent; and five years after that, it was 19 per cent. So, the number was creeping up—I admit, by around 1 per cent every five years—but, by 2022, it jumped to nearly 30 per cent. What happened?

In last week’s evidence session, the chair of the Parole Board for Scotland made a specific call on the Government, which I am sure that the cabinet secretary’s advisers will have noted. He said that there might be some benefit in an “independent judicial body” deciding whether it would be appropriate for the Parole Board to make decisions on temporary release. That probably falls into a conversation about the powers of ministers in relation to those of the Parole Board. Has the Government taken cognisance of that evidence, and does it plan to address it in the bill?

Is it the Government’s view that the wrong people are being remanded in custody? If we look at the statistical data, the nature of offences is really enlightening. What has changed over the period that I mentioned when the remand population has seen a huge spike? The change has been to the offences for which people are held on remand. For example, the figures for those on remand for crimes of violence and for crimes of sexual violence have doubled and crimes committed by people on bail for similar offences have been markedly high. In Scotland, 40 murders and 770 attempted murders or serious assaults were committed by people who were on bail; the numbers of rapes and attempted rapes are high as well.

From what we can see, we are not sending low-level criminals to prison on remand. In fact, 1 per cent of summary cases end up on remand. It seems that high numbers of cases are being dealt with at the High Court, in those solemn cases where the offences are grave and serious. Is the Government suggesting that people who are currently on remand for those serious offences should be walking the streets? This is what I cannot get my head around.

I am pleased to be having an interaction with the cabinet secretary rather than there being just questions and answers. This is a discussion, and I hope that it is a constructive one.

Issues have arisen as we have got to understand how the system currently works. We have spoken about the parameters that the bill will change, including changes to public safety testing, and we have talked at length about remand periods, which might be another way of addressing the issue.

The third aspect that has struck me is the use of opposing bail by the Crown. It seems that, although the final decision is made by a sheriff or judge, the deputes in remand hearing courts on the day are pretty busy—to say the least—dealing with dozens of cases. They probably spend very little time looking at each individual case, especially those in Monday courts involving people who have been held on remand over the weekend.

Is there any feeling in the Government that there is overuse of opposing bail by the Crown? It is clear that, if the Crown were to oppose fewer bails as cases came through remand hearings, that would alter the numbers quite substantially.

If that is not the case, what more could be done on the day through empowering deputes to make more instant decisions, rather than there being centralised decision making from above, that would clearly and inevitably lead to fewer people being held on remand?

It seems to me that the sheriffs listen to what the Crown says and take its views on board. If bail is not opposed, it will probably be granted. There are probably very few cases in which the sheriff will go straight over the Crown’s head and say, “No, you should have opposed bail on this condition.” What are your thoughts on that? That struck me as an issue that we have not gone into much detail on.

Good morning, cabinet secretary. I would like to ask a few perhaps more philosophical questions about the nature of the proposed legislation. Obviously, the bill comes in two parts. The first deals with the issue of bail and the parameters around the courts’ decisions, and the second deals with release from custody.

You said in your opening statement that the intention behind the bill is twofold: to reduce crime and to reduce reoffending. Will you explain which bit of part 1 of the bill around narrowing the conditions for bail and remand will reduce crime and reoffending?

Okay. So that test could still apply in solemn cases, and it would be grounds for remand but, at summary level, it would not. There is the removal of that ability. We know that there are people out there who are repeat offenders at summary level who regularly do not appear and are taking the proverbial, with the system. There now seems to be no way to hold them on remand as a result of that behaviour. That is unfortunate.

Yes—at summary level. However, that is not my interpretation of what I heard. Perhaps you can write to us. I am sure that we will talk about the issue again.

You have, however, expressed in writing some reservations about the proposals. They might be less diplomatic in writing than in person, but they are notable. Aside from public safety is the issue of prejudicing the whole justice process, including those who use the system to evade justice through non-appearance, for example. You used the phrase “cohort of defenders”. Is there any concern that, as a result of shifting the balance to the sole principle of public safety as the primary ground for granting or refusing bail, sheriffs will be unable to remand people when there is a concern or significant risk that the person will simply not appear in court at a future date?

The committee saw that in person; I noticed that dates for court appearances were normally set quite soon after the custody hearing. We know that there is a cohort of people who simply will not attend. Is the inability to remand those people, specifically for that reason, a problem?

Good morning. I am happy to come back in later with substantive questions, but, timing wise, this question might follow on nicely.

I heard every word that you said, but I struggled to follow the flow chart of it in my head, because it was a verbal flow chart. I wonder whether you might help the committee by illustrating that in writing to us. I hear where you are coming from and I am trying to follow the flow chart of where you make decisions and where the cut-off times are.

I have a question for Mr Watt. You said that one of the frustrations that you felt as a fiscal was the binary choice between remand or release. However, is it not the case that there is a middle ground in which a sheriff can release someone either with enhanced conditions or on supervised bail, which seems to be a more popular option these days? Is that the middle ground?