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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 21 April 2025
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Displaying 1492 contributions

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Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

That would be helpful. Thank you.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

Thank you.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

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?

11:30  

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

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.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

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?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

Are you scenario planning for a reduction in the prison population in the way that the Government is?

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

I will put my first question to the Crown Office. I foresee that I will get the diplomatic answer that, “Those decisions are for Government and Parliament to make”. However, the Crown has submitted a detailed paper outlining several concerns, so I think that my question is appropriate. Is it your overarching feeling that the 1995 act is fit for purpose and does not need to be amended? My question relates primarily to part 1 of the bill; part 2 is a separate matter.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

No. I am willing to be corrected by our wise adviser, but my understanding is that the provisions in the bill are nothing to do with emergency legislation or pandemics.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

Is that not the inherent problem, though? When you leave it open to politics, there is a risk. Whatever one’s politics, the judiciary and the executive should be at arm’s length and politicians should not be interfering in those decisions, or indeed overruling decisions, if we are to ensure the sanctity of the independence of the board.

Criminal Justice Committee

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

Meeting date: 25 January 2023

Jamie Greene

It is just about that correlation. There is clearly a disagreement and there are different schools of thought. We are remanding too many people while not necessarily analysing the data on who has been remanded and for what reason. That important piece of work, which would help to inform a view on whether too many people are being remanded, is yet to be done.