Committee
Justice Committee 08 February 2011
08 Feb 2011 · S3 · Justice Committee
Item of business
Subordinate Legislation
Retention of Samples etc (Children’s Hearings) (Scotland) Order 2011 (Draft)
Certainly, I accept that in relation to assault in general, and to serious assault, there is a gradation in the degree of severity from very minor to pretty serious. We considered that matter generally in consultation with the Crown Office and Procurator Fiscal Service. We took the definitions of serious assault from the COPFS scale, which is used by the police, who will continue to report offences on the basis of the available evidence and the identified crime, as per normal procedures. For example, retention of samples would not be triggered in relation to assault or assault to injury within the COPFS scale.I hope that that indicates that we recognise the point that Robert Brown makes. The offence of assault covers conduct of a wide range of seriousness, and that has been taken into account in formulating the statutory instrument on the basis of the advice that we have received from the Crown Office substantially.13:00
In the same item of business
The Convener
Con
The purpose of agenda item 4 is to allow the committee to take evidence on an affirmative instrument: the draft Retention of Samples etc (Children’s Hearings...
Fergus Ewing
SNP
I am grateful for the opportunity to discuss the draft Retention of Samples etc (Children’s Hearings) (Scotland) Order 2011 with the committee. The order is ...
The Convener
Con
The list of offences is clearly stated in article 2 of the order. Do members have questions?
Robert Brown
LD
Yes. I was one of those who had concerns about the process. However, the bill having gone through in the form that it did, the minister seems to me to have m...
Fergus Ewing
SNP
Certainly, I accept that in relation to assault in general, and to serious assault, there is a gradation in the degree of severity from very minor to pretty ...
Robert Brown
LD
In terms of the violent offences, article 3(b) contains the offence of“uttering a threat to the life of another person”.I am not sure whether that, in itself...
Fergus Ewing
SNP
I do not have statistics to indicate the prevalence of that crime or offence. The list is very long and I wanted to ensure that it was comprehensive. I did n...
Cathie Craigie
Lab
I have a question on the list of offences. Lists always attract questions from someone. Article 2(i)(iv) refers to section 2 of the Criminal Law Consolidatio...
Fergus Ewing
SNP
I suppose that it is possible to be a parent at an early age.
The Convener
Con
Surely, minister, the point is that it is possible to be a step-parent at a much earlier age than that at which one could become a parent.
Fergus Ewing
SNP
That is true. That is a fair point, which I would adopt as my own in answering this unexpected line of questioning.I remind myself as well as members that th...
Cathie Craigie
Lab
If the instrument deals with young people up to the age of 17, it is possible that the offence could happen. In law, someone could not have a step-child unle...
The Convener
Con
It is a question of arithmetic rather than the law. There being no further questions, we proceed to item 5, which is formal consideration of the motion to ap...
The Convener
Con
That concludes the public part of the meeting.13:06 Meeting continued in private until 13:14.