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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 24 November 2024
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Displaying 806 contributions

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Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

So, individual risk would be taken into consideration just as much as public risk.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

I am conscious of the time, but I have one other question and, rather than ask everybody to respond, I will ask Joanne McMillan to do so.

It is currently estimated that, at any one time, 30 per cent of the female prison population in Scotland is on remand. To me, that is a huge number. Some 54 per cent of them lose their tenancies, 61 per cent have children, and there are huge knock-on effects for families.

Joanne McMillan talked about a case in which the woman went to the 218 project, which is very successful. In your opinion, why does that not happen more often? Is it because of a lack of resources?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

Thank you. That is really useful.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

Do you think that they are getting enough information about that?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

Okay. That is good to know.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

That is reassuring.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

Are all sheriffs aware of those options?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

I have two questions. The first goes back to section 23D and my colleagues’ earlier questions. I will be frank: I do not think that your explanation for the removal of section 23D, on which you are unanimously agreed, will reassure women’s organisations or victims. I understand what you are saying about the whole-system approach. That is fine if it works, but that is a big if.

I cannot quite grasp your point. Are you saying that you want to have the ability to release a domestic abuser? Why would that ever be correct? I cannot understand that. It is possible that I do not understand your reasons. Why not keep the exceptions to reassure victims and organisations? I am unsure of your reasons for not doing that.

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

Does it go down to individual solicitors such as you, who know about those things and will proactively look for them? Are there some who just say, “Well, this is the system. This is what happens. You will be remanded” or whatever?

Criminal Justice Committee

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

Meeting date: 18 January 2023

Rona Mackay

There would be fewer women on remand if more people were able to go to those things.