Tag: Justice

Prisoner early release plan approved

Regulations, including safeguards, approved by MSPs

The Scottish Parliament has approved the early release of some short-term prisoners to address the impacts of a recent rapid rise in the prison population.

Under current modelling, based on the criteria set out in the regulations approved by Parliament, around 514 eligible prisoners will be released in four tranches from the 26 June.

Public safety will remain a priority, and underpin all decisions, with safeguards built in. Only prisoners serving less than four years and due to be released within 180 days are eligible for release.

Certain categories of prisoners are automatically excluded and not eligible for early release under the plans; that is any prisoner who: is serving a life sentence, is on the Sex Offenders Register, is subject to a non-harassment order, or who has an unspent conviction for domestic abuse.

As an additional protection, prison governors will have the power to veto the release of any otherwise eligible prisoner, if they deem them an immediate risk to a specific individual or group.

In addition, the regulations ensure that victims will be able to receive information about the release of a prisoner in their case through, or as well as, a named victim support organisation, where the victim has requested it. 

Justice Secretary Angela Constance said: “Immediate and urgent action is needed to deal with the significant recent rise in the prison population. The same challenges in prisons are faced across the UK and the UK Government has taken similar action in England and Wales.

“Through this emergency early release plan, backed by Parliament, we are responding to this critical situation and ensuring the safety and welfare of staff and prisoners.

“Protecting the public remains my absolute priority, which is why there are significant and robust safeguards in place and only those due to be released in the next short while are eligible. Releases will also be completed in tranches so the necessary support can be provided to safely resettle released prisoners in their communities.

“We are working with victims organisations to ensure the right information and support is available where needed. In addition, the existing statutory schemes of information for victims will continue to ensure that victims who wish to receive information about an offender’s release, including emergency early release, can do so.

“This is part of a significant package of measures we are taking in both the short and longer term to deal with the continuing rise in Scotland’s prison population, which remains one of the highest in Western Europe.”

The Early Release of Prisoners and Prescribed Victim Supporters (Scotland) Regulations 2024.

The Poverty Alliance launches #VoteYourValues campaign

This election could be the most unequal in 60 years, with people on low incomes being shut out of our democracy.

The #VoteYourValues campaign gives our members access to tools that can help people in their communities get vote-ready.

In a democracy, everyone’s voice matters equally.

So it’s completely unjust that so many people on lower incomes get shut out from using their vote. This General Election looks set to be the most unequal for more than six decades, due to a ballooning turnout gap at elections and the growing role of money in British politics, according to a recent report from IPPR.

We can help change this.

In the run-up to July 4, we will be working with Citizens UK’s Voter Registration Champions scheme to raise awareness about how people can register to vote.

Poverty Alliance members can download PDF posters to put up in their centres, and an infographic that they can share on their social media networks.

Bill passed to provide justice to wrongly convicted sub-postmasters

Post Office Horizon victims to be exonerated

Legislation has been passed that will automatically exonerate sub-postmasters who were wrongly convicted as a result of the faulty Horizon IT system, the day after Royal Assent is granted.

Those whose convictions are quashed under the Post Office (Horizon System) Offences (Scotland) Bill will be able to access the UK Government financial redress scheme.

After the Scottish Parliament agreed to use its emergency procedure, the Bill has been introduced and passed in just over two weeks – to allow justice and redress to be delivered to victims as swiftly as possible in line with the UK Bill, which did not cover sub-postmasters in Scotland.

Sub-postmasters who previously sought to appeal their convictions will now also be exonerated, following a Scottish Government amendment to the Bill, brought at Stage two, in Parliament.

Justice Secretary Angela Constance said: “I hope this Bill goes some way to bring justice to innocent sub-postmasters who had their lives ruined by being wrongly convicted of offences of dishonesty on the basis of tainted evidence from the faulty Post Office Horizon system.

“As the UK Government’s legislation was not extended to cover Scotland, we have worked as quickly as possible to ensure parity for affected sub-postmasters here, who will also be able to access the UK Government’s compensation scheme.

“The unprecedented step of introducing legislation to right this terrible wrong was necessary to respond to the scale of the scandal and the length of time that victims have waited for justice.

“We will now be seeking Royal Assent for the Bill as quickly as possible so affected sub-postmasters can have their convictions quashed and then access the compensation they deserve.”

Justice for Post Office Horizon victims in Scotland

Bill to exonerate wrongly convicted sub-postmasters

Sub-postmasters wrongly convicted as a result of the faulty Horizon IT system will automatically be exonerated under proposed legislation introduced to the Scottish Parliament today.

Those whose convictions are quashed under the Post Office (Horizon System) Offences (Scotland) Bill will then be able to access the UK Government financial redress scheme.

The Bill’s passage through the Scottish Parliament will be expedited to allow justice and redress to be delivered to victims as swiftly as possible in line with the UK Bill, which was not extended to cover sub-postmasters in Scotland.

Justice Secretary Angela Constance said: “Innocent sub-postmasters had their lives ruined by being wrongly convicted of offences of dishonesty on the evidence of the faulty Post Office Horizon system.

“The quickest, easiest route to overturn these miscarriages of justice would have been for the UK Government to extend their Post Office (Horizon System) Offences Bill to cover sub-postmasters in Scotland.

“However, our repeated requests for this were refused. Our Bill, therefore, mirrors that of UK legislation to ensure parity for affected sub-postmasters in Scotland with those elsewhere in the UK and to ensure access to the UK Government’s compensation scheme.

“The scale of the scandal and the length of time that the victims have waited for justice means we are taking an unprecedented step of introducing legislation to right this terrible wrong and asking Parliament for it to be processed as an emergency Bill.

“The Scottish Government will not do anything to jeopardise equality and parity for victims, so the final stage of the Bill cannot be considered in the Scottish Parliament until after the UK legislation has been passed. This will ensure that MSPs can take account of any amendments made to the UK Bill.”

If passed, the Post Office (Horizon System) Offences (Scotland) Bill will mean relevant convictions are automatically quashed on the day the legislation comes into force and those exonerated will then be able to access the UK Government financial redress scheme, in line with its requirements.

The legislation will exonerate convicted sub-postmasters where the following criteria are met:

  • the conviction was for embezzlement, fraud, theft, uttering or an ancillary offence committed between 23 September 1996 and 31 December 2018
  • the person was carrying on a Post Office business, or working in a Post Office for the purpose of a Post Office business
  • the conviction was in connection with carrying on, or working for the purpose of the Post Office business
  • the Horizon system was being used for the purposes of the Post Office business in the relevant Post Office
  • the conviction has not been considered by the High Court in connection with an appeal.

Post Office (Horizon System) Offences (Scotland) Bill

Once a Scottish Government Bill is introduced, responsibility for the scrutiny process, including timescales, rests with the Parliament. The Stage 1 debate and vote on the general principles of the Bill is expected to take place in the Scottish Parliament on 21 May; Stage 2 amendments will be considered on 22 May.

Justice in an independent Scotland

Supporting safe and resilient communities

Independence would enable Scotland to take its own decisions to address issues such as drugs and gambling, and increase cooperation with international justice partners, according to a new paper published by Justice Secretary Angela Constance.

‘Justice in an independent Scotland’, the 13th paper in the ‘Building a New Scotland’ series, sets out the Scottish Government’s intended approach for the justice system following independence, including aspects which are currently reserved to the UK Government.

It also outlines how Scotland could, through cooperation with international partners and – through European Union membership and representation on the Council of Europe, United Nations and Interpol – play a full part in addressing global issues including cross-border crime, serious organised crime and cyber-crime.

Proposals in the paper include:

  • restoring police and prosecutors’ access to measures like the cross-border European Arrest Warrant, which were lost following Brexit, in line with the government’s commitment to rejoin the EU as an independent country
  • extending the public health approach being taken to violence reduction into the currently reserved areas of drug policy reform and gambling
  • full incorporation of the United Nations Convention on the Rights of the Child (UNCRC) into Scots law to further enhance children’s rights
  • a framework for human rights law to protect and promote fundamental freedoms, including those in the European Convention on Human Rights (ECHR).
https://twitter.com/i/status/1783541535247651124

Ms Constance said: “Scotland’s justice system has a long and distinguished history and I am proud of the work we have done over many years to strengthen and modernise it.

“The level of recorded crime has fallen to near 50-year lows and homicides are at their lowest levels since comparable records began. We are also building a trauma-informed approach to our justice system.

“However, there is more we could do with independence. Scotland’s police and prosecutors would regain access to tools to pursue criminals across borders which were lost following Brexit, such as the Schengen Information System and the European Arrest Warrant.

“These are essential to combatting sophisticated criminal networks and helping victims get justice even where a perpetrator resides outwith Scotland.

“With the power to take our own decisions, we could also enhance and further embed our public health approach to justice issues, extending this to addiction such as drugs and gambling.

“This would enable future governments to consider measures that would better address the specific needs and circumstances of people in our communities, such as safer drug consumption facilities, raising the legal age of gambling, and strengthened firearm licensing.

“Combined with the broader economic, employment and social security powers that would come with independence – as set out throughout the Building a New Scotland series of papers – we could take a more effective approach to improving justice outcomes, reducing burdens on the justice system and further reducing the number of victims of crime.”

Building a New Scotland: Justice in an independent Scotland – gov.scot (www.gov.scot)

Iain Packer conviction: Police Scotland statement

‘Emma Caldwell, her family and many other victims, were let down by policing in 2005. For that we are sorry’. 

A 51-year-old man has been found guilty of murdering Emma Caldwell in 2005.
Iain Packer was convicted at the High Court in Glasgow today, Wednesday, 28 February, 2024, of killing the 27-year-old and hiding her body.

Emma was last seen on CCTV around 11pm on Monday, 4 April, 2005, walking alone on Butterbiggins Road towards Victoria Road on the southside of Glasgow. 

She was reported missing by her family on Monday, 11 April, 2005, and her body was found in Limefield Woods, near Biggar, on Sunday, 8 May, 2005.

Packer was also convicted of a number charges involving violent and sexual crimes against a number of women over many years.

He was today (Wednesday 28th February 2024) sentenced to life in prison and ordered to serve a minimum of 36 years behind bars.



Assistant Chief Constable for Major Crime and Public Protection Bex Smith said: “Emma Caldwell, her family and many other victims, were let down by policing in 2005. For that we are sorry.  
 
“A significant number of women and girls who showed remarkable courage to speak up at that time also did not get the justice and support they needed and deserved from Strathclyde Police. 
 
“Police Scotland launched a re-investigation of the case in 2015 after instruction from the Lord Advocate.  
 
“It is clear that further investigations should have been carried out into Emma’s murder following the initial enquiry in 2005. 
 
“The lack of investigation until 2015 caused unnecessary distress to her family and all those women who had come forward to report sexual violence.

“It is the courage, resilience and determination shown by Emma’s family, in particular her parents William and Margaret, and all those who survived Iain Packer’s horrific catalogue of offending that got us to where we are today. 
 
“William is, sadly, no longer here to see this day, but I hope this verdict gives Margaret and all those affected by this case, the justice they deserve. 
 
“This was an extremely challenging re-investigation and without doubt the largest police enquiry of recent times in Scotland. 
 
“Over seven years, a full review of the original enquiry by Strathclyde Police in 2005 was completed. 
 
“More than 30,000 documents and statements were gathered and reviewed along with in excess of 23,000 productions. New forensic tests were carried out and new witnesses were identified and interviewed, leading to the convictions today. 


 “Iain Packer was a calculating sexual predator who targeted women over many years. It is hard to comprehend how anyone could carry out such despicable, ruthless acts. 
 
“He took Emma’s life for his own gratification in the most appalling circumstances and cruelly left her body in remote woods hoping to cover his tracks. 
 
“But time is no barrier to justice and I would urge anyone who has been the victim of sexual violence to please come forward and speak to us. 
 
“You will be listened to and you will be supported – no matter when the offences took place. 
 
“We have reflected and learnt from the initial investigation and subsequent re –investigation.  Significant changes have been made in recent years to improve our organisational culture and our response, particularly in respect of investigative structures, victim care and processes to these types of crimes.  
 
“Our Violence against Women and Girls Strategy demonstrates our absolute commitment to tackling the violence and abuse that disproportionately affects women and girls.

“What shone through to the enquiry team throughout the investigations into Emma’s life was her gentle personality, and I want to finish by saying that our thoughts remain with Emma, her family and all those affected by this terrible case.”

The Scottish Conservatives called for a full Judge-led public inquiry into the case at First Minister’s Questions today (Thursday 29 February).

Both Scottish Labour and the Scottish Lib-Dems echoed the call.

Scottish ministers keen to work with UK Government to address Post Office Horizon scandal

Steps to be taken to ensure Scotland is part of a UK-wide approach to Post Office convictions

First Minister Humza Yousaf has written to Prime Minister Rishi Sunak calling on joint working to ensure a UK-wide approach is taken to exonerate those wrongly convicted of criminal offences as a result of the Post Office Horizon IT system.

In the letter he wrote:

Dear Rishi

I am writing to you regarding the Post Office Minister, Kevin Hollinrake MP’s announcement in Parliament today that the UK Government intends to legislate to reverse the convictions of sub-postmasters convicted of criminal offences as a result of the Post Office Horizon IT system.

I welcome this announcement. The Post Office Horizon scandal requires urgent action to ensure those affected by unjust convictions can finally receive justice.  

In the course of his statement, the Minister noted that the power to legislate to reverse convictions imposed by the Scottish courts is devolved to the Scottish Parliament but that he is keen to work with the devolved Governments to ensure that sub-postmasters in Scotland and Northern Ireland are not disadvantaged.

Scottish Ministers are keen to work with the UK Government to deal with the impact on sub-postmasters convicted in Scotland, ensuring that a UK-wide approach is taken to exonerate those wrongfully convicted in Scottish courts.  

Given the unique circumstances arising from the Post Office Horizon scandal, it is right that normal processes for appeals are set aside to ensure that justice can now be delivered for those whose lives were greatly impacted by their wrongful conviction.

The Cabinet Secretary for Justice and Home Affairs, Angela Constance MSP, will contact her counterpart, the Secretary of State for Justice, to discuss how best to progress work in this area, whether this is by ensuring that the UK legislation will either apply directly in Scotland or by developing separate Scottish legislation to deliver the same effect for Scotland.  

I trust that we can work together to ensure that those affected are now able to have their convictions overturned and obtain compensation.

Humza Yousaf

Consultation on tougher sentences for knife and domestic killers in England

A consultation looking at whether cowardly domestic killers should receive tougher sentences if they subject their victims to a campaign of coercive and controlling abuse, has been launched by the Lord Chancellor

  • Public conversation launched on reforming murder sentencing
  • Consultation to consider raising starting points for killings with a history of coercive and controlling abuse or with a weapon 
  • Move latest step in UK Government’s plan to tackle domestic abuse and violence against women and girls

Ministers will also consider whether murderers who use a knife or another weapon already at the crime scene to kill should also face steeper starting points – a change that could result in higher minimum terms in these cases.

Every year, around 90 people – overwhelmingly women – are killed by their current or ex-partner, with most of these murders taking place in the home. And when a weapon is used – often a kitchen knife – it is normally already at the scene.

This means that although weapons are used, these offences generally do not qualify for a higher starting point – with a discrepancy of up to ten years compared with murders where a weapon is taken to the scene.

Lord Chancellor and Justice Secretary Alex Chalk said:  “It is shocking that around 1 in 4 murders are committed by a current or former partner, or relative.

“This Government has already gone further than ever to protect women and girls, with tough new protection orders plus laws to ensure abusers and killers spend longer behind bars.

“To make sure sentencing policy is meeting the threat, it is right to review this complex landscape so that the scourge of violence against women is tackled as coherently and effectively as possible.”

Currently, when a knife or other weapon is taken to the murder scene with intent, the starting point is 25 years. This reflects the increased risk to the public when knives are carried on the streets. Where a knife is used, but not taken to the scene, a 15-year starting point normally applies.   

Campaigners on this issue include Carole Gould and Julie Devey, whose daughters Ellie Gould and Poppy Devey Waterhouse were killed by their former partners using knives found in the home.

Justice Minister, Gareth Bacon, said:  “For some evil people, murder is the brutal final act of a controlling and coercive relationship with their partner. It is only right we look at whether the sentences for these types of killings reflect this sustained and unacceptable abuse.  

“This consultation builds on the action we are taking to clamp down on domestic homicide, by introducing new laws to punish abusers with longer jail terms, and better protect victims.”

The consultation reflects the Government’s determination to ensure the sentencing framework for murder properly punishes perpetrators of this horrific crime, while giving victims’ families the justice they deserve.

In response to Clare Wade’s landmark independent review of sentencing in cases of domestic homicide, the Government has introduced a raft of measures to ensure sentences reflect the seriousness of the crime.  

This includes the introduction of new legislation which will make:  

  • “Overkill” and previous controlling or coercive behaviour by the murderer a statutory aggravating factor resulting in longer sentences  
  • A history of controlling or coercive behaviour a mitigating factor where the perpetrator was subject to this behaviour 
  • Killing connected with the end of a relationship a statutory aggravating factor, through the Criminal Justice Bill 

The Domestic Homicide Sentence Review was commissioned in 2021 to examine whether the sentencing framework should be reformed to better reflect the seriousness of domestic homicide and to identify options for improvements.  

It followed a series of high-profile domestic murders and concerns from the then Victims’ Commissioner and Domestic Abuse Commissioner about how these offences are handled by the justice system. 

This is the latest step in the Government’s commitment to be tough to keep the worst offenders locked up.

The UK Government has already ended the automatic release of sex and terrorist offenders, brought in a minimum 14-year jail term for anyone convicted of serious terror offences and under the new Sentencing Bill, the most horrific murderers will spend the rest of their lives locked up, including for any murder involving sexual or sadistic conduct, while criminals who commit rape and other serious sexual offences will spend every day of their sentence behind bars.

Western leaders issue joint statement on Israel

The leaders of France, Germany, Italy, the United Kingdom and the United States of America released the following joint statement following their call yesterday:

‘Today (Monday Ed.), we — President Macron of France, Chancellor Scholz of Germany, Prime Minister Meloni of Italy, Prime Minister Sunak of the United Kingdom, and President Biden of the United States — express our steadfast and united support to the State of Israel, and our unequivocal condemnation of Hamas and its appalling acts of terrorism.

‘We make clear that the terrorist actions of Hamas have no justification, no legitimacy, and must be universally condemned. There is never any justification for terrorism.  In recent days, the world has watched in horror as Hamas terrorists massacred families in their homes, slaughtered over 200 young people enjoying a music festival, and kidnapped elderly women, children, and entire families, who are now being held as hostages. 

‘Our countries will support Israel in its efforts to defend itself and its people against such atrocities. We further emphasise that this is not a moment for any party hostile to Israel to exploit these attacks to seek advantage.

‘All of us recognise the legitimate aspirations of the Palestinian people, and support equal measures of justice and freedom for Israelis and Palestinians alike. But make no mistake: Hamas does not represent those aspirations, and it offers nothing for the Palestinian people other than more terror and bloodshed.

‘Over the coming days, we will remain united and coordinated, together as allies, and as common friends of Israel, to ensure Israel is able to defend itself, and to ultimately set the conditions for a peaceful and integrated Middle East region.’

Life Means Life: PM announces new plans to keep society’s most depraved killers behind bars for life

Society’s most depraved killers will face life behind bars with no chance of being released, under tough plans announced by the Prime Minister.

Making sure that life means life, judges will be required to hand down mandatory whole life orders to the monsters who commit the most horrific types of murder.

In the latest move to protect the public from the most dangerous offenders, this will place a legal expectation on judges to hand down whole life orders, except in extremely limited circumstances.

By putting this on a legal footing, judges will have greater confidence to hand out whole life orders without a risk of challenge in the Courts of Appeal.

This will mean the depraved killers who carry out vile crimes will be in no doubt that they will be in prison for the rest of their lives.

For the first time, whole life orders will also be the default sentence for any sexually motivated murders. This could have been applied in the recent tragic cases of Zara Aleena and Sabina Nessa, putting their horrific killers in prison for their whole lives.

Prime Minister Rishi Sunak said: I have shared the public’s horror at the cruelty of crimes we have seen recently. People rightly expect that in the most serious cases, there should be a guarantee that life will mean life. They expect honesty in sentencing.

“By bringing in mandatory whole life orders for the heinous criminals who commit the most horrific types of murder, we will make sure they never walk free.”

Lord Chancellor and Secretary of State for Justice, Alex Chalk KC, said: “A whole life order will now be the expectation for murderers where the killing involves sexual or sadistic conduct.

“This important law change will ensure that the worst of the worst can now expect to spend the rest of their lives in prison.”

The announcement builds on the UK Government’s work to cut crime and build stronger communities, with violent crime down by 46 percent since 2010 and neighbourhood crime by 51 percent.

Since 2019, over 20,000 new police officers have been recruited and 100,000 knives taken off our streets. The Government has also launched a new Anti-Social Behaviour Plan to clamp down on crimes that can terrorise communities for good.

The Westminster Government is also making sure the worst offenders face the toughest possible punishment for their crimes.

Serious violent and sexual offenders now serve at least two-thirds of their sentence behind bars, ending halfway release, and the average custodial sentence length is longer across the board meaning that criminals are spending more time in prison.

The Government has also ended the automatic early release of terrorists through the Terrorist Offenders Act 2020 and introduced a 14-year minimum jail term for the most dangerous terrorist offenders through the Counter Terrorism and Sentencing Act 2021.

The Government is also committed to looking at changing the law to make sure that people who commit the most horrific crimes face their victims in court and hear first-hand the impact that their crimes have had on them and their families and loved ones.

The Government will legislate for the changes announced today in due course.

No comment yet from the Scottish legal establishment.