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Chamber and committees

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 29 November 2024
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Displaying 2943 contributions

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Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Audrey Nicoll

I make a plea for fairly short and succinct questions and answers. Members have lots of questions and I am trying to balance constructive responses with nice, neat questions.

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Audrey Nicoll

Might I—

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Audrey Nicoll

We have run well over time, but it has been an important and valuable session. I have a final question; I ask for succinct answers. As Fergus McNeill said, we have found it difficult to move away from discussing bail, but I would like to ask about release planning and throughcare support.

With the aim of supporting the successful reintegration of prisoners into the community, the bill includes provisions on release planning and standards of throughcare support. In your view, are the proposals in the bill helpful? What changes, if any, would you like to be made to the provisions that are outlined?

We will start with Fergus and then go to Lesley.

Criminal Justice Committee [Draft]

Virtual Trials and Charges for Court Transcripts (Correspondence)

Meeting date: 11 January 2023

Audrey Nicoll

Does Russell Findlay want to come back in?

Criminal Justice Committee [Draft]

Virtual Trials and Charges for Court Transcripts (Correspondence)

Meeting date: 11 January 2023

Audrey Nicoll

Thank you. That completes our public business.

13:03 Meeting continued in private until 13:04.  

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Audrey Nicoll

Emma Bryson, would you like to come in on that?

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Audrey Nicoll

I will follow up on some of Collette Stevenson’s questions and ask about communication with victims.

The witnesses might be aware that the committee had a private meeting with survivors. One thing that came through to me loud and clear from that was the mixed picture that exists in relation to contact and communication between, in particular, the courts and a victim while a case is being processed to make clear to the victim what is happening and enable them to plan their and their family’s life around it.

What opportunity might the bill provide on that? We are focusing on bail, remand, throughcare and release, but a key part of that work is communication with victims. Is there an opportunity for the bill to improve the lines of communication? If so, how would you like them to be improved?

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Audrey Nicoll

That is helpful; we appreciate that.

Do any other members have questions?

Criminal Justice Committee [Draft]

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

Meeting date: 11 January 2023

Audrey Nicoll

I will bring in Fulton MacGregor and then Collette Stevenson, Russell Findlay and Rona Mackay.

Criminal Justice Committee [Draft]

Virtual Trials and Charges for Court Transcripts (Correspondence)

Meeting date: 11 January 2023

Audrey Nicoll

The next agenda item is to consider correspondence from the Cabinet Secretary for Justice and Veterans on virtual trials and the current practice of charging for court transcripts. I refer members to paper 5. I thank the cabinet secretary for his letter.

First, I remind members that the committee recognises that the use of virtual trials is already provided for in the Coronavirus (Recovery and Reform) (Scotland) Act 2022. However, despite that and the practice note that was issued by the Lord Justice General, very few fully virtual trials have been held. The committee has been keen to see more take place, particularly for cases involving rape and other serious sexual offences. The question remains of how we can see more of such trials in order to build up an evidence base to inform whether they could become an option for prosecution of appropriate sexual offences cases.

Secondly, on the issue of the current practice of charging for court transcripts, I welcome the cabinet secretary’s comments, and I note his support in principle. However, in his correspondence, he refers to the possibility that further consultation might be required. Members will recall that we have written to the cabinet secretary on the issue, because we are keen that it is considered prior to the introduction of the forthcoming criminal justice reform bill to enable us to consider such a provision as part of the scrutiny of that bill, which could provide a suitable legislative opportunity to resolve the issue.

There is quite a bit in there. Do members wish to make any comments on virtual trials?