The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
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Criminal Justice Committee
Meeting date: 9 March 2022
Audrey Nicoll
In that case, I will bring in Rona Mackay.
Criminal Justice Committee
Meeting date: 9 March 2022
Audrey Nicoll
Before Rona Mackay asks the committee’s final questions, cabinet secretary, I just want to pick up on what you said about self-isolation and some of the measures that are required in response to that. According to Scottish Prison Service statistics from a couple of days ago, 1,040 prisoners are self-isolating. In the context of the overall prison population, that figure seems quite high. Does that present additional challenges for the day-to-day running of prisons? Perhaps Mr Purdie will pick that up.
Criminal Justice Committee
Meeting date: 9 March 2022
Audrey Nicoll
Thank you very much for that information, cabinet secretary. We will move straight to questions. I will open with a question on the early release of prisoners. I know that we have a separate agenda item on risk assessment, but I want to focus on early release in the context of the Covid-19 pandemic.
In my area, the north-east, agencies collaborated very closely on early release. They worked well together, particularly on prisoner release from HMP Grampian. The risk assessment and other processes, especially for throughcare and victim contact, were informed and robust. That said, I know that there is some concern about that aspect of the early release process, albeit that I recognise that the last early releases took place back in 2020.
You said that powers that are no longer required in the criminal justice system will not be used, but do you have any more comments on early release itself? Could those provisions be improved or adapted? Are they required at all?
Criminal Justice Committee
Meeting date: 9 March 2022
Audrey Nicoll
Of course.
Criminal Justice Committee
Meeting date: 9 March 2022
Audrey Nicoll
I am watching the clock—
Criminal Justice Committee
Meeting date: 9 March 2022
Audrey Nicoll
That is helpful. We have a couple of other themes to cover, but first I will bring in Russell Findlay.
Criminal Justice Committee
Meeting date: 9 March 2022
Audrey Nicoll
Thanks very much; that is helpful. Before we go round the room, I will kick off questions with a general opening question on the justification for the six-month extension.
Restrictions are being removed in most other areas and things are opening up, albeit in the context that there are still cases—you mentioned earlier the numbers that we have been seeing in the past week or so. The pandemic is still very much with us, but is the proposal to extend the provisions slightly out of sync with what is happening in other areas? Does it reflect the Scottish Government’s current guidance on coronavirus and restrictions?
Criminal Justice Committee
Meeting date: 9 March 2022
Audrey Nicoll
Another aspect of early release is public safety. Police Scotland has commented on that being a priority and I do not think that anyone would disagree with that. Does the process for assessing risk with regard to early release have public safety at its heart and, if so, will that continue?
Criminal Justice Committee
Meeting date: 9 March 2022
Audrey Nicoll
It is helpful to understand that. We can sometimes miss the practical issues in the evidence that we receive.
I have a follow-up question, which is probably for David Fraser. In the letter that we received this week from the SCTS, which was helpful on the issue of virtual summary cause trials, you expressed an intention or desire to establish domestic abuse courts in each sheriffdom in Scotland. However, in the previous submission that you sent to the committee, you argued that use of virtual hearings should be dealt with by individual courts. I imagine that consideration of rural issues, city-based courts and so on would feed into that. Will you expand a little on the decision making or rationale behind how each sheriffdom might put in place virtual court arrangements?
Criminal Justice Committee
Meeting date: 9 March 2022
Audrey Nicoll
I have a final quick question before I hand over to Russell Findlay. Back in January—just a couple of months ago—we received an update from, I think, Eric McQueen that the backlog will probably last until about 2025. However, in some of the evidence that has been submitted recently, there has been reference to the year being 2026. Will you clarify that?