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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 28 December 2024
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Displaying 1309 contributions

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Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 25 January 2023

Jamie Greene

Yes, but you will know the cost, for example, of non-attendance and repeat diets coming back to the same place or of additional deputes. I am sure that those things have costs.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 18 January 2023

Jamie Greene

You sit in court day in, day out and see dozens or hundreds, if not thousands, of such cases. It seems to me that remand is used quite sparingly—only in the most extreme circumstances in which the judge feels that it is appropriate. Just because the Crown opposes bail does not necessarily mean that remand will be the outcome. Do you feel that it is necessary for legislation to intervene and alter the outcomes of what is already happening? That is no disservice to the sheriffs or the decision making, but is it appropriate to narrow those parameters?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 18 January 2023

Jamie Greene

Only if you think that you would be involved.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 18 January 2023

Jamie Greene

That is really interesting. When things were more people-based or manual, there was a sort of mystery shopping element: you turned up at the address, and if the individual was not where they should have been, you took appropriate action. Now you know in real time about every breach that occurs and have a duty to respond to that. Are you able to respond? Is it physically possible for you to turn up to the address of every person who is tagged and deal with the situation if they are somewhere that they should not be, or do you just have to compile reports and let them accumulate?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 18 January 2023

Jamie Greene

There is a parallel question about those changes. At the moment, one of the serious considerations for sheriffs in granting bail is the risk of interference with witnesses or victims. There are mixed opinions on what would happen if there were to be any changes to that. Some think that that ground for refusal is being diminished; others believe that it will still exist and will be protected under the new legislation. I am not sure that I know the answer. If there is a risk of that ground for refusal being taken away or diminished, what concerns might the police have about those accused of quite serious crimes who do not necessarily pose any immediate public safety risk but present quite a significant risk of interference or of prejudice to justice?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 18 January 2023

Jamie Greene

Unfortunately, we can deal only with what the bill does. We cannot fix the other issues.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 18 January 2023

Jamie Greene

I apologise—it is not in my nature to interject—but I want to get through my questions. I will pose a scenario that fits in nicely with the mention of children. Let us say that, over the course of a weekend, an adult male beats up his wife, partner or child and appears in custody on the Monday morning, which, unfortunately, is a scenario that arises. In your view, is it the default position that that person would be released on bail or, in scenarios in which it is clear that an act of domestic violence has been committed and a member of the household has been assaulted, should that person be held on remand? As a sitting sheriff, what would your default position be?

12:00  

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 18 January 2023

Jamie Greene

Your comments are on the record, and we can ask those questions of the Government when it appears before us.

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 18 January 2023

Jamie Greene

Let us imagine that it was, though. You have to scenario plan because, presumably, there would be a knock-on effect on you, your resource and your ability to deal with any increase. If there were an increase, would that require additional resource or funding? I know that the police already have a heavy workload as it is, given that you deal with a wide range of emergency situations that, perhaps, other agencies ought to be dealing with. We have taken evidence to that effect, and it is already a matter of public record. Would it put increased pressure on the police to deal with that 17 to 19 per cent rate of reoffending by individuals on bail if the numbers increased? What would you say to alleviate the concerns of your front-line officers, who may have expressed concern through the federation rather than directly to the committee about potential increases in workload due to changes in bail conditions or the rules around granting bail?

Criminal Justice Committee

Bail and Release from Custody (Scotland) Bill: Stage 1

Meeting date: 18 January 2023

Jamie Greene

That is interesting. I am keen to let others come in if they want, convener. I have only one question to ask at the end, if we have time, about serious organised crime.