Tag: Criminal Justice Committee

Committees say Parliament should continue close scrutiny of approach to tackling drug deaths and drug harm following election

Members of three Scottish Parliament committees have urged that a joint approach to the scrutiny of the Scottish Government’s work to reduce drug deaths and tackle drug harm must continue following May’s election.

A legacy report from MSPs on the Criminal Justice, Health, Social Care and Sport and Social Justice and Social Security Committees outlines that meeting together allowed the Members to consider the impact of policy changes more broadly and more effectively.

In the report, one MSP explains that the approach emphasised the importance of the shift from seeing drug problems in Scotland as a crime and justice issue to seeing them as a health and social issue.

The committees worked together during this parliamentary session to look at the impact of the measures recommended by the Scottish Drugs Deaths Taskforce.

As part of their work, the committees commissioned, and worked with, a people’s panel, which called for “brave and bold action” to reduce the harms created by drug use in Scotland.

The Members’ report praises the benefits that this approach had on communication between committees, collaboration on tackling this important issue, and the breadth of scrutiny.

Audrey Nicoll MSP, Convener of the Criminal Justice Committee said: “Taking a cross-committee approach to the issue of how to tackle drug deaths and drug related harms has brought everyone’s expertise to the table.

“It has been encouraging to see so many members working together to tackle this issue of urgent national importance.

“However, this issue is not resolved. As our legacy report makes clear, our committees’ work must continue next session.”

Clare Haughey MSP, Convener of the Health, Sport and Social Care Committee, said: “Thank you to everyone who helped inform our scrutiny of these vital issues, including the members of the people’s panel, who collaborated so well to help recommend what further steps can be taken to prevent drug deaths and harms.

“Cross-party and cross-remit working in the next session will be essential if we are to effectively tackle these issues, and ultimately end the pain caused by drug harms and drug deaths in Scotland.

Collette Stevenson MSP, Convener of the Social Justice and Social Security Committee, said: “I am pleased with the impact that our committees’ work has had this session, and it was good to see the recommendations of the people’s panel that we commissioned be agreed to and acted upon by the Scottish Government.

“Drug deaths are not abstract statistics. My heart goes out to every single family that is affected. MSPs must continue to work together next session and do everything possible to tackle this issue.”

Read the Committees’ report

Multiple issues limit the ability to tackle harms of substance misuse in Scotland’s prisons, says Holyrood Committee

Workforce pressures, resource constraints and severe overcrowding are exacerbating issues related to substance misuse in Scotland’s prisons, says the Criminal Justice Committee.

The Committee’s inquiry into substance misuse in prisons looked at how substances enter Scotland’s prison estate, the impact of substances in prisons, and rehabilitation and support services.

The Committee found that substance misuse in custody remains a systemic challenge across the prison estate, and reflects deep-rooted societal issues such as poverty, trauma, inequality and mental ill-health. It says systemic reform which treats substance misuse in Scotland’s prisons as a public health issue, not a justice one, is essential to tackle it effectively.

Evidence is highlighted by the Committee of prison healthcare teams often operating under pressures that would be deemed unacceptable in community settings, including chronic understaffing, limited clinical space, high levels of acuity, and inadequate digital infrastructure.

The Committee say persistent and extreme overcrowding in prisons also acts as a major barrier to preventing substance misuse issues and providing effective care.

Highlighting the variations in healthcare provision between NHS Boards and wider health system failings, the Committee say that without significant improvement to the capacity, governance and integration of health and social care services for people in custody, prisons will struggle to absorb unmet clinical needs.

On supply and security, the Committee found that total prohibition is unrealistic in an era of synthetic cannabinoids and nitazenes, and that organised-crime networks continue to exploit vulnerabilities in the prison environment.

Although improved technology and the use of window grilles can limit supply, the Committee say success must be measured by reductions in harm and demand, not simply by the number of seizures.

Mental-health care is an area of particular concern to the Committee and the report highlights evidence of inconsistent access across the prison estate. The Committee is calling for parity between custody and community services to reduce harm and improve post-release outcomes.

The Committee say data gaps limit understanding of the true scale of the harm of substance misuse in prisons and the effectiveness of interventions, and more must be done to improve data transparency and evaluation.

The vital importance of the transition from prison to the community for individuals dealing with substance misuse is highlighted in the report. The Committee say the period after release poses the highest risk of overdose and death and that every individual should leave custody with an integrated, person-centred release plan, including verified prescriptions, housing, and GP registration.

The significant emotional and psychological strain prison officers, healthcare staff, and voluntary-sector partners face is also highlighted. The Committee say increased support and a trauma-informed approach must apply to staff as well as those in custody.

This inquiry has highlighted that tackling substance misuse requires a whole-system approach. The Committee has agreed to continue working with justice partners, health services, and communities to deliver meaningful change.

Criminal Justice Committee Convener, Audrey Nicoll MSP, said: “Our inquiry illustrates clearly that substance misuse in Scotland’s prisons is not simply a justice issue, it is a public health one and can only be tackled effectively by being treated as such.

“The evidence we have gathered reveals a prison system and staff under extreme pressure, with issues such as under-resourced services and overcrowding exacerbating the myriad impacts of substance misuse in prisons. The goal is clear: to break the cycle of addiction and reoffending, and to protect lives.

“It’s clear more must be done to reduce pressure on the workforce and reduce overcrowding, and ensure adequate resourcing of services, particularly specialist staff – all of which are vital to tackle substance misuse in prisons.

“But these issues cannot be understood in isolation from the broader social determinants of health and justice. Systemic reform which prioritises recovery, rehabilitation, and reintegration is essential in order to begin to tackle the complex and intertwined issues related to substance misuse.

“Our Committee is determined that this inquiry is not the endpoint of scrutiny, but the foundation for continuing parliamentary oversight of progress in reducing drug and alcohol harms in custody and improving outcomes for individuals.

“The Committee recognises the extraordinary efforts of prison officers, healthcare staff, and voluntary-sector partners who operate daily in difficult and often dangerous circumstances. We’d like to thank everyone who has engaged with our inquiry and informed our scrutiny.”

Criminal Justice Committee say the justice sector needs £400 million more

The justice sector is facing serious and complex challenges and without increased funding of £400 million (13%) in next year’s budget, the sector faces unacceptable cuts to services, say the Criminal Justice Committee.

The Committee has been gathering evidence as part of their pre-budget scrutiny 26/27. While acknowledging the budget pressures on the Scottish Government, the Committee say the evidence it has received is gravely concerning and that the justice sector has now reached a critical limit in its ability to deliver services without additional investment.

The evidence gathered shows a sector under ever-increasing pressure with new and emerging threats such as cybersecurity and climate change adding to the stress on resources. The Committee is calling for dedicated funding to ensure justice bodies can tackle rising cyber threats and climate-driven challenges.

In particular, the Committee want to see investment in the Scottish Fire and Rescue Service, who are on the front line of responding to climate change incidents.

Other budget pressures highlighted in the report include the additional costs in planning, and implementing new legislation enacted by the Parliament.

The Committee say there is an urgent need for the Scottish Government to move towards multi-year funding settlements for all justice sector bodies in Scotland to allow for longer term planning and more flexibility.

The Committee recommend that the Scottish Government works with the UK Government to see if a solution can be found which would allow both the Scottish Police Authority/Police Scotland and the Scottish Fire and Rescue Service flexibility to manage their budgets through the use of a financial reserve, as they did before they became single nationwide services.

Furthermore, the Committee want the Scottish Government to look into the possibility of allowing the police and fire services to be given borrowing capacity, to give them more flexibility and an ability to better respond to urgent critical challenges.

Criminal Justice Committee Convener, Audrey Nicoll MSP, said: “The scenario facing the justice sector is gravely concerning and without additional funding of £400 million it will face unacceptable cuts to frontline services.

“Our Committee acknowledge that there are no easy answers when it comes to the budget pressures the Government is facing. However, despite the best efforts of the justice sector to make efficiency savings over the last 10-15 years, it is clear that a crucial limit has now been reached in terms of funding and resources.

“Put simply, a flat cash settlement next year is not sufficient, and would lead to cuts and reductions to services which our Committee cannot accept.”

The Convener added: “We want to see additional funding of £400 million and multi-year funding settlements to help the sector in the short and long term.

“We also encourage the Scottish Government to look into giving the police and fire services the ability to borrow money and create financial reserves in order to give them more flexibility to deal with ongoing and urgent financial pressures.

“The Committee thanks witnesses from across the sector who have spoken so candidly on the pressures they face and the urgent need for increased funding.”

MSPs seek views on Bill which aims to prevent domestic abuse in Scotland

‘PICTURE – Laura Dodsworth

Views are being sought on a new Bill which aims to reduce incidences of domestic abuse, by the Scottish Parliament’s Criminal Justice Committee.

The Prevention of Domestic Abuse (Scotland) Bill is a Members Bill which has been introduced by Pam Gosal, MSP.

The Bill is in four parts and would introduce notification requirements for certain people convicted of domestic abuse offences, similar to those for registered sex offenders. This would mean people would have to inform the police of things like their address or passport details.

It would give courts the power to order an assessment of the suitability of certain people convicted of domestic abuse to take part in rehabilitation or behaviour change programmes.

The Bill would place a data collection duty on Police Scotland, the Crown Office and Procurator Fiscal Service (COPFS) and charities working with victims of domestic abuse, and an annual reporting duty on the Scottish Government.

If passed, the Bill would also require schools to provide education on domestic abuse and healthy relationships as part of the curriculum.

Police Scotland recorded 63,867 incidents of domestic abuse in 2023-24, an increase of 3% compared to the previous year.

Criminal Justice Committee Convener, Audrey Nicoll MSP, said: “Our Committee is acutely aware of the devastating impact domestic abuse has on individuals, families, and communities across Scotland, and the latest statistics on domestic abuse show the scale of this issue.

“This Bill presents a range of proposals aiming to prevent domestic abuse, including statutory data collection on authorities and improving school education but we want to hear views on whether individuals and organisations support these proposals.

“We are particularly keen to hear from those with lived experience, their families and frontline professionals on if they agree with the proposals in this Bill, or if they feel other actions are required to tackle domestic abuse in Scotland.”

Read the questions and submit your views on Citizen Space

The call for views closes on 15 September 2025.

Holyrood Committee calls for views on new Bill which would make it a criminal offence to pay for sex

The Criminal Justice Committee is seeking views on the Prostitution (Offences and Support) (Scotland) Bill.

The Bill, introduced by Ash Regan MSP, targets those who buy sexual services by creating a new criminal offence of paying for a sexual act.

The Bill would also repeal the existing offence, under the Civic Government (Scotland) Act 1982, of loitering, soliciting or importuning in a public place for the purposes of prostitution. People who have been convicted of this offence in the past would have their convictions quashed by the new Bill.

The Member’s Bill would also give rights to ensure a person who is, or has been, in prostitution is provided with help and support. This could include accommodation, financial assistance, healthcare or legal advice and representation, depending on what is required.

As the call for views launched, Criminal Justice Committee Convener Audrey Nicoll MSP said: “This Bill raises important questions on prostitution in Scotland and how it is considered by our laws.

“It proposes changes on criminalisation, the quashing of previous convictions and the support given to those who work in this environment and we want to hear from a range of voices on whether they welcome these provisions.

“We are particularly keen to hear the views of people with lived experience, on whether they support the proposals or not, and whether the changes this Bill proposes will help achieve its ambitions.”

Let the Committee know your views 

The call for views closes on Friday 5 September 2025.

Reform of criminal justice sector too slow amid growing financial pressures, say Holyrood Committee

The wholesale reform of the criminal justice sector required to tackle increasing financial pressures has been too slow, say the Criminal Justice Committee.

The findings are part of the Committee’s pre-budget scrutiny of the Scottish Government’s budget for 2025/26.

The Committee say organisations across the sector have said they are looking for increases in their resource funding and significant investments in capital budgets for 2025/26 but there is ‘a stark gap’ between what these organisations say they need for 2025/26 and what they may be given.

The Committee say that the wholesale reform of the sector which is required can only be achieved by adopting a new strategy, moving away from short term fixes of a few years or a single parliamentary term. It recommends that the Scottish Government explores moving to a system of multi-year funding cycles to help aid this reform.

Whilst a range of current reform work is welcomed, such as the pilot of the Summary Case Management system, there are other areas where progress on reform has been too slow.

The Committee again highlight the inefficiencies and wasted cost of citing police officers to attend courts, only for them not be called, and the time that the officers spend on calls with vulnerable people experiencing poor mental health due to a lack of wider support services.

The Committee welcome in-year investments by the Scottish Government in various parts of the criminal justice system, but call for increased transparency about these payments to ensure adequate scrutiny.

Issues around underestimating the costs of implementing new legislation impacting the sector are also highlighted in the report. The Committee call for financial memorandums to be as accurate as possible and say proposed legislation must be accompanied by appropriate resources.

The Criminal Justice Committee Convener, Audrey Nicoll MSP, said: “Right across the sector we are seeing increasing cost pressures, and it’s clear there is a stark gap between what these organisations say they need for 2025/26 and what they may be given.

“Last year we emphasised the need for change in how the Scottish Government fund and support the justice sector and that the status quo could not continue. However, progress still needs to be made to implement the wholesale reform required, which takes the long-term view.

“The evidence we have gathered has made clear that multi-year funding could be hugely beneficial for the sector, help them manage resources and plan for the future, and we’re calling for the Scottish Government to explore this route further.”

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.