Seòmar agus comataidhean

I can vouch for the fact that your dog running on to the road is the most terrifying moment of your life—it is horrific.

Rob, do you have any comments on the points that I was making?

On 21 March, most, if not all, Covid-related emergency measures will be relaxed in Scotland, so why do ministers need another two and a bit years of powers to extend time limits other than simply as a result of the backlog? The power is not necessarily directly related to health emergencies; it is simply a means to the end of clearing the backlog and ensuring that cases do not time out. That is a fair criticism.

That is helpful. I am all for consultation, as the cabinet secretary knows.

Some of the other issues raised were about the practicalities. We have heard criticism of how some business has been conducted virtually or electronically. The main gripe from the defence sector seems to be about the inability to work one to one with an accused—the inability to sit with them in the same room and counsel them appropriately. Has that concern been taken on board? There seemed to be much disagreement among the members of the earlier panel about how much of a problem that is for solicitors or the bar, who seem to think that the whole thing is just an unmitigated disaster, according to the evidence that has been given to us. On the other hand, other witnesses seem to think that it has been an unmitigated success.

I do not know where the reality sits; it seems to be one witness’s word against another. Where does the Government think the reality sits?

I do not—it is not a rhetorical question; I do not know the answer. I am sorry that I missed the figures you gave earlier.

That is helpful, as was your analysis of the differences.

I have a wider question for the cabinet secretary. As a society, we are—to use the phrase that is used—learning to live with Covid. As you said, there were 11,000 cases yesterday, but we are heading on a path that involves moving away from restrictions and, we hope, life being back to normal in as much as it can be, although Covid will still be around.

That does not seem to be the case in the prison environment, where higher levels of restrictions are being maintained relative to those for wider society. Is that a proportionate use of temporary powers, given that we in society are no longer in a temporary emergency and are simply living with a long-term pandemic, with the virus becoming endemic?

How will you decide which cases to prioritise? For example, will cases in which a person is being held on remand versus cases in which a person is not being held on remand but is on licence or on bail be prioritised? Will gender-based sexual violence or domestic abuse cases be prioritised? Will cases of a more serious nature that you think require more immediate disposal be prioritised? The biggest point of view that we get from victims of crime is simply about the lack of communication and not knowing and understanding why cases have been delayed or repeatedly put off, sometimes for a number of years. That is a huge cause of concern for many victims.

That is helpful. Just to clarify, you are saying that nothing in the Covid legislation that we are talking about today will mean a move to a virtual trial being the default position, which could then be excluded on application for a physical trial. At the moment, all parties must consent and if all parties do not consent, there will be a physical trial. Will the legislation change that in any way?

You have pre-empted my last question—thank you, cabinet secretary. On resource, which is linked to funding, are you satisfied that the Crown, the defence sector, all the stakeholders that are involved and the SCTS have sufficient people, places and money to clear the backlog by 2026? Given the evidence that we heard from the previous panel, it appears that there are significant pressures in processing all aspects of cases, from people being charged right through to court disposals. At every stage, there are new and additional pressures. What is your level of confidence that the backlog will be cleared in four years, which is already a long time?

What about the public safety of the public, as opposed to the public safety of prisoners? Was that not taken into account?

It is a supplementary question on a technical point. Am I correct in thinking that, if someone has been released, there is no recall to prison?

I also want to know whether there is anyone who is currently due for automatic early release rather than assessment-based release but who may have been incorrectly risk assessed. If so, will there be a moratorium on their automatic early release if there is the potential that they have been wrongly risk assessed by the IT system?