Chamber and committees

Perhaps you could write to the Lord Advocate.

Perhaps for clarity on the regulations, for most criminal business the default position is that people attend hearings physically, but the provisions give the Lord Justice General a power to issue determinations to change the default to virtual attendance for certain types of case or in certain circumstances. I suppose that virtual appearance is not new. Obviously, there have been developments, extensions of scope and further use of the existing legislative opportunities or the existing powers of the Lord Justice General in relation to the pandemic. The consultation will be on electronic signing and the sending of electronic documents, virtual attendance at the criminal court, national jurisdiction for callings from custody and the maximum level of fiscal fines. That is what the consultation relates to.

To be clear, convener, while I am aware that Mr Findlay and not victims may have ideological objections to fiscal fines as an alternative to prosecution—

Good morning. As you specifically mentioned capital budgets, I will start with that. It is no secret that capital is under extreme pressure. The UK Government has not inflation proofed capital so, in the financial year 2024-25, we will see nearly a 4 per cent real-terms reduction, with nearly a 7 per cent real-terms reduction by 2027-28. The capital position is particularly stretched and severe. We have some prominent commitments, particularly in the prison estate. I have of course had many discussions with the Deputy First Minister and Cabinet Secretary for Finance. As you would expect, there is an intense amount of engagement at this stage prior to the budget. Obviously, the budget will be published in due course and it will be for Parliament as a whole to scrutinise and agree to that budget or not.

Obviously, the budget for the next financial year has still to be published and agreed, but I should point out that the changes that SPS made to its throughcare arrangements date back to 2019. I am ensuring that the calendar years 2024 and 2025 will be our implementation period for the Bail and Release from Custody (Scotland) Act 2023. I do not need to rehearse the arguments that were made in this committee on underpinning the focus on throughcare and on starting to plan for people’s release on admission to prison, if they are subject to remand or a determinate sentence.

I will undoubtedly come back to Parliament to discuss how we address our rising prison population, but I am strongly of the view that the actions that we take to address that issue now must also address it in the future. The approaches that we adopt must be not just short-term responses but for the longer term.

Yes, and that is the point that I was making. It is in my interests—I am particularly motivated on this—to see those final design plans as soon as possible, so that we can then have a more definitive—

Yes. Then we will have a more definitive view of cost, and once we know costs we can plan accordingly, but it is an absolute priority.

I have already indicated that the new HMP Glasgow is a priority, and it is a high priority. Decisions will, of course, have to be made about the phasing of resources. It is not a one-year project or investment. However, I do not think that anybody is under any misapprehension that we will not have to replace the somewhat Victorian HMP Barlinnie.

I am pleased to hear that.

Bear in mind that the Crown Office writes to the committee regularly and I, too, have written to Mr Findlay on this matter, again supplying a great deal of information, notwithstanding the importance of the separation of powers to the very fabric of justice and democracy.