Tag: Criminal Justice Committee

Committee concerns over elements of Police Bill

The Criminal Justice Committee has backed the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill at Stage 1. However, they have concerns over whether the reforms will sufficiently improve the experience of officers and members of the public when it comes to dealing with police complaints.

In the Committee’s Stage 1 report they say the introduction of a statutory Code of ethics and a duty of candour send a clear message about the culture of Police Scotland and the behaviours that are expected of police officers and staff.

However, concerns are raised that these two proposals could be largely symbolic and not fundamentally improve the culture within policing and public confidence in its ability to deal effectively with police complaints.

Concerns are also raised that the Bill, in its current form, will have little impact on the length of time taken to consider and conclude police complaints. The Committee say this is a vital issue and one which the Bill leaves unresolved.

The Committee say they heard evidence of unacceptable behaviours and practices within Police Scotland and have questioned the robustness of the oversight mechanisms in place, including that of the Scottish Police Authority (SPA), and of whether the culture within police is changing.

Several provisions in the Bill are welcomed by the Committee, which they say will improve the accountability of police officers. This includes proposals that would enable gross misconduct proceedings for officers to commence or continue to a conclusion, regardless of whether an officer retires or resigns.

Changes that would allow the Police Investigations and Review Commissioner (PIRC) to consider allegations of gross misconduct that come to light over 12 months after an officer has left the force are also welcomed by the Committee. They recommend the SPA monitor this process to ensure that these cases are being dealt with timeously.

The Committee has welcomed increased powers for the PIRC and greater transparency around its work. They recommend that the SPA and Police Scotland should be under a duty to comply with the PIRC’s recommendations and that the PIRC publishes the responses to its recommendations, unless there are exceptional circumstances for not doing so.

 The introduction of barred and advisory lists for police officers, to ensure that those who are found guilty of gross misconduct cannot gain employment in another police force in Great Britain, are also supported by the Committee.

As the report was published, Criminal Justice Committee Convener, Audrey Nicoll MSP, said: “Our Committee is backing the general principles of this Bill as we believe the police complaints system must improve, both for those making a complaint and those who are the subject of a complaint.

“There are measures in the Bill which we support and believe will improve the robustness, accountability and transparency of the police complaints system. These include the commencement or conclusion of misconduct proceedings regardless of whether a person leaves the police service, and the introduction of Scottish advisory and barred lists.

“We also welcome greater powers for the PIRC and increased transparency around their investigations.

“However, we are unsure whether the provisions in the Bill will sufficiently improve the experience of officers and members of the public of the complaints system.

The Convener added: “We have concerns that the Bill has no impact on the length of time taken to consider and conclude police complaints, which is a key issue for those involved. Questions also remain about the robustness of the oversight mechanisms in place within policing and whether the culture within policing is changing for the better.

“We recognise that the vast majority of police officers and staff are dedicated, honest and do an incredibly difficult job in challenging circumstances.

“Our Committee believes an effective, fair, and transparent complaints system is essential to help strengthen public confidence in policing in Scotland and although we back the general principles of this Bill, we believe it could go further to achieving this.”

Domestic Abuse Act has begun to have a positive impact but more must be done, says Holyrood committee

‘a thousand words’ commissioned by Scottish Womens Aid and Zero Tolerance. Copyright Laura Dodsworth

The introduction of the 2018 Domestic Abuse Act has been an important step but more action is needed in implementing the Act and tackling domestic abuse, say the Criminal Justice Committee.

As part of post-legislative scrutiny, the Committee has been reviewing the impact of the 2018 Act and how effective it has been in achieving the objectives set out by the Scottish Government. The Act’s key provision created a new offence around non-physical forms of abuse such as coercive control.

The Committee say there is strong support for the 2018 Act amongst prosecutors, law enforcement, and women’s groups and that it is beginning to have an impact, including increasing prosecutions.

However, the Committee believe progress has been too slow and they have called on several issues to be addressed.

The Committee highlight issues with the practical implementation of the 2018 Act, particularly within the police service, the Crown Office and the courts. They call for a ‘short-life implementation group’ to be setup tasked with accelerating progress and tackling the issues raised in the Committee report.

On Police Scotland, the reports highlights delays in specialist training for officers on domestic abuse cases. The Committee says it does not doubt the service’s commitment to tackling domestic abuse and notes resource implications.

However, they say more must be done to ensure that any officer called to the scene of a domestic abuse incident has received relevant training and can recognise the types of situations covered by the Act, particularly those of a non-physical nature.

The Committee also highlight criticism of the current sentencing regime for crimes of domestic abuse and whether more can be done in relation to breaches of non-harassment orders.

They welcome the review of sentencing guidelines by the Scottish Sentencing Council but call on the Cabinet Secretary to consider whether current sentencing policy for offences and for breaches is providing adequate protection for victims.

The Committee voice concern over evidence received by Dr Claire Houghton, who says victims and survivors have described the process of reporting domestic abuse and participating in court trials as “unremittingly grim”.

The Committee highlight the introduction of the recent Victims, Witnesses and Justice Reform Bill as an opportunity to tackle this issue and to ensure victims and survivors are not traumatised further when reporting these types of crimes.

Speaking as the report was published, Committee Convener, Audrey Nicoll MSP, said: “It’s clear the Domestic Abuse (Scotland) Act 2018 is supported across the sector and is an important part of efforts to tackle all forms of domestic abuse in Scotland. 

“However, there are undoubtedly still issues which need to be addressed.

“Evidence we have gathered has highlighted issues with implementing provisions in the Act, particularly across the police service, the Crown Office and the courts.

“We have concerns over the sentencing of crimes of this nature and on ensuring there is adequate and ongoing training so all police officers responding to domestic abuse cases can do so effectively.

The Convener added: “It is clear to the Committee that the original communication campaign around the 2018 Act was pivotal in raising public awareness of these issues at the time.

“We are calling on the Scottish Government to consider running an updated campaign, including one which targets children, as a way to continue to effectively highlight the various forms of domestic abuse.

“Domestic abuse as well as violence against women and girls is completely unacceptable and it is clear that more should be done to tackle this issue and support both victims and survivors.”

Other key recommendations in the report:

  • The Committee recommend the Scottish Government review how the use of an aggravator included in the Act is being implemented (as relates to the involvement of a child in domestic abuse cases).
  • The Committee highlight evidence that some perpetrators of domestic abuse seek to use the civil courts (e.g. through child custody and contact disputes) to further the abuse of their victims. They have asked the Cabinet Secretary to consider whether a pilot single court/judge model, when cases involve both civil and criminal matters, could help combat this.

Criminal Justice Committee publish report on Bail and Release Bill

Despite members agreeing that there are some useful provisions in the Bail and Release from Custody (Scotland) Bill, the Criminal Justice Committee has been unable to form a majority view on whether to agree to its general principles.

A lack of sufficient explanation about the bill’s intended purpose, its effects and detail about how some of the provisions will be delivered meant some Committee members could not agree to its general principles.

As part of its scrutiny of the Bill, the Committee looked into the issue of remand in Scotland and why Scotland’s remand population has increased in recent years to one of the highest in the UK and EU.

While acknowledging the impact of COVID on increasing overall remand numbers, they say they have not been provided with data which properly quantifies what the Bill’s impact may be on the efforts to reduce the number of individuals on remand.

All Members identified the need for adequate resourcing if the Bill is to meet its policy objectives.  While the Committee welcome the opportunity for justice social workers to input into each bail decision by a judge, concerns are raised around the resources being provided to meet this potential change.

Provisions in the Bill on prisoner throughcare on release from prison are welcomed by the Committee, but they warn that unless sufficient resources are made available, the policy objective of reducing reoffending and supporting reintegration into the community will not be achieved.

The Committee also scrutinised a potential change to the bail test, highlighting evidence from witnesses who said it isn’t clear if the proposed change is intended to be a minor reframing of the rules, or a more fundamental reform.

The Committee recognise the good intentions behind this change but conclude that it fails to address the concerns of Lord Carloway (Lord President of the Court of Session and Lord Justice General of Scotland) that the legislation will “introduce an unnecessary, cumbersome and artificial process” without changing outcomes in bail decision making.

Criminal Justice Committee Convener, Audrey Nicoll MSP, said: “Our Committee see the merits of many aspects of this Bill, however concerns from some Members over its overall purpose, its impact and around adequate resourcing mean we have not been able to reach a consensus on its general principles at Stage 1.

“The Bill would make a number of changes to the bail and release system in Scotland and it is fundamental that the rationale for these changes is made clear, and that detail of how these changes will be delivered and resourced is outlined.

“It’s now up to Parliament as a whole to decide whether this Bill proceeds to Stage 2.

“We’d like to thank everyone who contributed their views and have helped inform our scrutiny of this Bill.”

Other conclusions in the report include:

  • Releasing a prisoner on a Friday should be avoided until adequate public and third sector services can be provided to support prisoners, as there is a risk that access to housing, healthcare and benefits support is challenging on this day of the week. People released on a Friday may need to wait until the following Monday for support, increasing the risk of reoffending or making them more vulnerable to others.
  • Highlighting deficiencies in the current victim engagement system and calling on the Scottish Government to consider whether further information can be provided to victims to give them confidence that bail conditions are being policed and necessary action taken in the case of a reported breach.
  • The Committee say they are not wholly persuaded of the necessity to permanently enshrine the power to release prisoners early in the Bail and Release from Custody (Scotland) Bill as this power is already included in the Coronavirus (Recovery and Reform) Act 2022.
  • The Committee say more must be done by the Scottish Government to convince victims of crime of the merits of repealing section 23D of the Criminal Procedure (Scotland) Act 1995. Section 23D sets out a presumption against bail for those accused of violent/sexual/domestic abuse offences or drug trafficking offences in solemn proceedings, where they have a previous conviction of a similar nature.

MSPs seek views on difficult spending decisions ahead for justice sector

The publication of the Scottish Government’s Resource Spending Review Framework in May set out possible spending of £11.6 billion on the justice sector over the next four financial years.

However, independent research by the Scottish Parliament Information Centre (SPICe) has suggested that if current inflationary pressures persist, this settlement would represent a significant reduction in spending across the justice sector.

Speaking as the call for views was launched, Criminal Justice Committee Convener Audrey Nicoll MSP, said: “There is no doubt the Scottish Government and public services will face cost pressures in the upcoming years and the ongoing cost of living crisis is creating a real sense of uncertainty over what is to come.

“However, if the current trend of rapidly increasing inflation continues then those in the justice sector will have some difficult decisions to make in order to balance budgets. 

“We want to hear a range of views as part of our pre-budget scrutiny and are seeking views from those within the sector.

“But we also want to hear the views of ordinary people, any third sector organisations who may be impacted by these potential cuts in justice spending and groups who work to support those within the justice portfolio. This will help us to scrutinise the possible impact of cuts to key services such as the police, fire and rescue, courts and prosecution services and prisons.”

The call for views closes on Friday 21 October 2022.

THREE Holyrood Committees join forces to look at tackling drug deaths and problem drug use

The Scottish Parliament’s Criminal Justice Committee, Health, Social Care and Sport Committee, and Social Justice and Social Security Committee are coming together to hold two special sessions looking at the actions taken to reduce drugs deaths and problem drug use in Scotland. 

The sessions, which will question the Scottish and UK Governments, as well as the new Chair of the Scottish Drugs Deaths Taskforce (SDDT), will seek to focus on what progress has been made and actions taken so far, including implementation of SDDT’s recommendations, as well as what more can be done.

The Committees are working together, recognising the issues which lie behind this crisis stem from different policy areas. Each Committee will send representatives to question witnesses and consider the progress made. 

The Committee will question Rt Hon Kit Malthouse MP, UK Minister of State for Crime, Policing and Probation, on the afternoon of Tuesday 1 February. 

On the following day, MSPs will then question the new Chair of the Scottish Drug Deaths Taskforce, David Strang, followed by the Scottish Government’s Minister for Drugs Policy, Angela Constance MSP.

Speaking as the joint sitting of the three committees was announced, Criminal Justice Committee Convener, Audrey Nicoll MSP (above), who will chair the joint sitting, said: “Problem drug use, and tragically, drugs deaths blight too many families and communities in Scotland. 

“We know that the roots of these issues are complex and historical, and that the Taskforce recommendations touch many policy areas. 

“Implementing the wide ranging solutions requires a co-ordinated approach by Parliament and Government.

“Addressing this drugs crisis is a priority for our committees. We want to support the individuals and families affected, as well as the agencies who work with them and the Government in taking the right actions to reduce drug deaths and tackle the misuse of drugs. 

“I hope these sessions allow us to see some progress in this area, and perhaps find consensus and focus on what more can be done.”

The Committee is a joint meeting of three Committees and not a new Committee.

It is expected the following MSPs will attend the joint sessions as delegates:

Audrey Nicoll (SNP) (Convener)

Miles Briggs (Con)

Foysol Choudhury (Lab)

Russell Findlay (Con)

Gillian Mackay (GRN)  

Gillian Martin (SNP)

Pauline McNeill (Labour)

Paul O’Kane (Lab)

Sue Webber (Con)

It is expected that the new SJSS Convener will also attend, once this person is appointed. (SNP).

The meeting with Kit Malthouse is expected to take place virtually between 3 – 4:30pm, Tuesday 1 February.

The meeting with the Taskforce and Angela Constance MSP is expected to take place virtually 10am – 12:30pm, Wednesday 2 February. The panel with the taskforce anticipated to last 10 – 11am, and the Minister thereafter.

Commitee inquiries expose ‘deep-rooted problems’ in justice sector

The Scottish Parliament’s Criminal Justice Committee is detailing some of the short- and long-term changes it wants to see made in the Scottish justice sector in a new report.

Following a series of hearings looking at justice issues including:

• the impact of COVID on the sector,
• courts,
• prisons and prison reform,
• victims’ rights and support,
• violence against women and girls,
• youth offending, community justice solutions and alternatives to custody,
• legal aid, and
• the misuse of drugs and the criminal justice system,

the Committee is setting out the actions it wants to see taken to improve outcomes in these areas, and attempting to find solutions to some of the stubborn problems in the system.

Among the more than 60 actions it has set out for the Scottish Government and its partner agencies such as the prison service, courts and prosecutors are:

• Improving prisons and reducing reoffending, including by:
– reintroducing the Throughcare scheme for those leaving custody,
– Ensuring under-18s are in secure care rather than HMPYOI Polmont,
– tackling the high levels of drugs and the influence of serious and organised crime groups in jails, and
– giving more access to fresh air and purposeful activity for those in prison.

• Improving support for victims and witnesses, including by:
– Reviewing the Victim Notification Scheme, including assessing whether it may be inadvertently retraumatising victims with unexpected contact;
– Providing those alleging a sexual offence with of a single trauma-informed source of contact from reporting until the conclusion of legal proceedings;
– changing court buildings to make them less traumatising places for victims and witnesses (e.g. by unexpectedly encountering the accused).

• Taking action to tackle Scotland’s high drug deaths rate:
– rapidly implementing the recommendations of the Scottish Drug Deaths Taskforce, some of which date from April 2020;
– Ensuring a co-ordinated approach from the justice, social justice and health sectors to fill the service gap between what is currently being provided to help those with a drug problem and what is needed.

The Committee has committed to regularly reviewing progress against these actions across the course of this Parliamentary session, and will ensure progress can be tracked publicly on the Committee’s web pages.

Committee Convener, Audrey Nicoll MSP, said: “Our inquiries into the Scottish justice sector have exposed once again many deep-rooted problems.

“We know these cannot be solved overnight and there are few easy solutions. However, our Committee is determined to see progress made in this parliamentary session.

“As a critical friend to the Scottish Government and its justice partners, we want them to use our recommendations to drive forward progress and implement changes.

“We believe we have set out a balanced and proportionate action plan which may go some way to improving the criminal justice sector.

“We’ll be taking stock of progress at regular intervals during the remainder of this parliamentary session.”

The full report, including the action plan, is attached.

MSPs back ‘transformational changes’ to justice system

The Scottish Parliament’s Criminal Justice Committee is calling for comprehensive reforms to be made in the justice system, as well as more money for the sector, ahead of the Scottish Government’s budget next month.

After considering the financial position of the sector, the Committee has concluded that many of the budget challenges in the justice system are symptoms of wider problems that have not been significantly addressed over many years.

While it believes there is a need for greater investment, connected problems such as court backlogs, high numbers of remand prisoners, and overcrowded, outdated jails with ‘revolving doors’ and issues with drugs deaths need to be tackled together with policy-based solutions, as well as adequate funding.

The Committee is calling for joined-up, long-term plans, led by the Scottish Government, and incorporating all the main justice partners to try to address issues including:

• The huge court backlog of around 50,000 cases made worse by the pandemic;
• The size of the prison population, including the number of women in jail and remand prisoners;
• Improving the prison estate;
• Issues in prison such as drug misuse, prisoner and staff welfare, and managing serious organised crime groups inside;
• The need for investment in police and fire services;
• Issues in the legal aid system;
• Support for victims and community justice schemes.

The Committee has suggested that spending on areas such as:

• effective diversion from prosecution or diversion from incarceration schemes for cases where those are appropriate,
• drug recovery cafés in prisons, and
• Throughcare for those leaving prison,

may all help ease pressures in the system, and in time reduce the overall budgetary challenges for the justice sector.

Speaking as the report was launched, Committee Convener, Audrey Nicoll MSP, said: “We believe that there is a case for further spending to support the justice system to meet the many challenges it is facing.

“However, we recognise that money is not unlimited, and that some of the seemingly intractable issues faced by our courts, prisons and other justice partners will not be fixed simply by loosening the purse strings.

“We believe joined up actions, achieving long term goals such as reducing reoffending, could prove transformational. This would improve outcomes for society as well as the budget for the sector.”

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Criminal Justice budget in the spotlight at Holyrood

MSPs on the Scottish Parliament’s Criminal Justice Committee are to examine all areas of the Scottish Government’s criminal justice budget in the coming weeks, and consider whether the current funding patterns are sustainable, effective and achieving good outcomes.

Ahead of making recommendations to the Scottish Government on how it spends money on justice services, the Committee is looking to hear opinions on funding for bodies such as prisons, courts, police, fire and rescue, victim support and community justice initiatives.

It will also consider whether funding is in place to support the sector to recover from Covid, and whether any of the changes brought in to help cope with the pandemic may lead to longer term savings, if those were desirable and made permanent.

Speaking as the call for views was launched, Criminal Justice Committee Convener, Audrey Nicoll MSP, said: “Criminal Justice services play a crucial role in keeping Scotland safe, supporting complainers and victims of crime, working to rehabilitate offenders, and diverting people who are at risk of doing wrong.

“Our Committee wants to take a wide look at the funding for these services – public and voluntary – and examine whether what we have in place supports the justice system to do what we ask of it.

“It goes without saying that we will need to consider the impact of Covid-19 on the justice sector’s budgets.

“We asked a great deal of those working on the frontline and administering justice throughout the pandemic.

“And while there may be savings from some of the new ways of working, overall, the sector will need a lot of help to recover from the pandemic – for instance, to deal with the huge backlog of trials.”

The call for views can be found at this link.

Specifically, the Committee is seeking views on:

The impact of COVID

• Whether the Scottish Government is providing enough budget for the criminal justice sector to recover from COVID-19?

• What the cost will be of making permanent some of the temporary changes  brought in because of the pandemic (if these are to become permanent)?

• Whether organisations in the criminal justice sector have enough budget and staff to be able to cope with a return to pre-pandemic levels of working (e.g. expected growth in the number of court trials)?

• Whether there have been any savings and efficiencies because of the different way of working during the pandemic, what these savings have been used for elsewhere, and could they be kept once the pandemic is over?

• Where are the opportunities for future reform and savings?

The budget provided for the Crown Office and Procurator Fiscal Service (COPFS)

• Whether the Scottish Government is providing enough budget for the work expected of the COPFS?

• What is the expected impact of the budget of the COPFS from the recent cases of malicious prosecution?

Prisons, prison reform and secure care

• Whether the Scottish Government is providing enough budget for the work expected of the Scottish Prison Service?

• Whether enough money has been allocated for the future modernisation of the prison estate beyond the work currently underway at HMP Glasgow and HMP Cornton Vale?

• Whether the current funding model for secure care in Scotland needs reformed?

Police and fire and rescue

• Whether the Scottish Government is providing enough budget for Police Scotland and the Scottish Fire and Rescue Service?

• In particular, is there enough budget to modernise the services, their buildings, vehicles and equipment etc?

The support for victims of crime

• Whether the Scottish Government is providing enough budget to enable organisations to support victims of crime?

Legal aid

• Whether the Scottish Government is providing enough budget to enable people to access justice through the support provided by legal aid in criminal cases?

• Whether further budget and reforms are necessary to tackle the problem of accessing legal aid in remote and rural areas of Scotland?

• Whether the Scottish Government is providing enough budget to attract people to work for organisations providing services funded by legal aid (e.g. defence solicitors)?

The Scottish Government’s Programme for Government

• What money will be required to finance the different criminal justice policies set out in the new Programme for Government and whether any new and extra finance has been allocated for the various initiatives?

Holyrood’s Criminal Justice Committee begins work with visits to Courts and HMP Edinburgh

While the new session of the Scottish Parliament gets underway this week, MSPs on the Scottish Parliament’s Criminal Justice Committee have been quick off the mark. Last Thursday members visited the Scottish Courts and Tribunals Service (SCTS) and HMP Edinburgh.

The Committee heard how Scottish courts have adapted to COVID and how they see the recovery progressing, including plans to clear the backlog of almost 50,000 trials.

The SCTS visit included a demonstration of courtroom facilities and links to remote jury centres, and meetings with the Lord President, Rt Hon Lord Carloway, Scotland’s most senior judge, and SCTS Chief Executive, Eric McQueen.

At HMP Edinburgh, MSPs focused on:
• facilities offered to prisoners, including those with more complex health or disability issues,
• new arrivals to prison,
• dealing with serious organised crime groups and violence in prisons, and
• parole, education, rehabilitation and ‘Throughcare’ for those leaving prison.

Criminal Justice Committee Convener, Audrey Nicoll MSP, said: “The new Criminal Justice Committee is currently on a mission to listen and learn about the priorities of those working in the justice sector.

“Courts and prisons are a cornerstone of justice in Scotland, and I know Members will appreciate the views of everyone we meet today – from the prisoners in HMP Edinburgh to the Lord President, our most senior judge.

“We will use September to hear from others with frontline experience and expertise. This knowledge will shape where we focus our attention in the months ahead.”

The Committee has agreed that its first meetings will hear from a wide range of Criminal Justice sector stakeholders, as well as hearing what the Scottish Government’s priorities are in this area.

This is expected to include updates around the role of the Lord Advocate within the prosecution system and government, the future of Scotland’s three-verdict system and the wider sector’s recovery from COVID-19.

Details of initial September work programme:

• Morning of Wednesday 1 September – evidence session with Cabinet Secretary for Justice and Minister for Community Safety on the Scottish Government’s justice and policing priorities for session 6,
• Morning of Wednesday 8 September – roundtable with a range of witnesses on the ongoing impact of COVID-19 on the justice sector,
• Morning of Wednesday 15 September – two roundtables:
1) Priorities for prisons and prison policy in session 6, and
2) Priorities for youth offending, community justice and alternatives to prisons in session 6,
• Morning of Wednesday 22nd September – two roundtables:
1) Priorities for domestic abuse, gendered-violence and sexual offences in session 6, and
2) Victim support and victims’ rights,
• Morning of Wednesday 29 September – roundtable on reform of legal aid.

Subject to agreement, a further roundtable on the misuse of drugs is also planned.