Hansard

I am delighted to open this stage 1 debate on the Criminal Justice (Scotland) Bill. The bill contains a significant package of wide-ranging reforms to our criminal justice system, so I record my appreciation of the time and consideration that the Justice Committee gave it. I also formally record my thanks to the many stakeholders and individuals who gave evidence to the committee.

Today’s debate is of course about seeking agreement to the general principles of the bill. There are three general principles that underpin all the progressive reforms that are contained in the proposed legislation. First, the bill will modernise and enhance our justice system and update our procedures from the point of arrest onwards. Human rights are at the heart of the bill. It will ensure that people who are suspected or accused of criminal offences have improved and enhanced rights and protections.

Secondly, the bill makes necessary efficiency changes to our justice system. For example, there are changes to our system of appeals and changes to enable greater use of technology by our courts.

The third but equally fundamental principle is about bringing fairness for those who fall victim to criminal acts and the wider duty to protect our society. That includes providing for greater access to justice for victims by ensuring that cases can go forward based on the overall quality of evidence, and creating a statutory aggravation for offences that are linked to the appalling activity of people trafficking.

I will highlight some of the positive effects that I believe the reforms in the bill will have in meeting those principles. Part 1 sets out a new and modernised power of arrest for the police. It creates a single power of arrest on suspicion of having committed an offence. The current two-tier system of detention and arrest is complex and covers a myriad of powers that are spread across common law and statute. The bill provides for a more streamlined and effective process. The provisions will improve the law and will make it easier for the police to apply and the public to understand. The single power of arrest will also bring the Scottish system more into line with the European convention on human rights.

The bill enhances provisions on a suspect’s right of access to a solicitor, whether or not they are going to be questioned, and it puts the letter of rights on a statutory footing. It also protects the rights of children and vulnerable people. Scotland’s Commissioner for Children and Young People has welcomed the fact that the bill defines a child as someone under 18. Additionally, the bill allows a protected level of self-determination for 16 to 17-year-olds, in recognition of the fact that those young people are, in other circumstances, entitled and able to make their own decisions.

The bill also reflects the fact that modern policing needs modern powers. Today’s investigations are often complex and protracted. In part, that is down to recent developments in technology. Police now regularly have to extensively examine electronic data, which takes time. The bill seeks to balance the needs of the modern investigation and the rights of a suspect to liberty. As part of that, the bill introduces investigative liberation, which will enable the police to continue to investigate incidents while allowing a suspect to be at liberty, with or without conditions.

I am aware of calls by the police to allow for possible extensions, in exceptional cases, to the 12-hour detention limit for keeping people in custody. Extensions are used very rarely but can be essential for the investigation of some of the most serious criminal acts, or, for example, where the suspect is intoxicated. There is a particular issue here about balancing an individual’s right to liberty against the public’s right to be protected. I would like to hear members’ views on the potential for an extension to the 12-hour detention limit in exceptional circumstances.

The bill also includes a number of provisions that will improve the efficient operation of our justice system, reducing unnecessary delays and wasted court time. Efficiency in solemn procedure will be enhanced, for instance by the creation of a duty on the prosecution and the defence to communicate before a trial to ensure that the case is ready to proceed.

As part of the package of reforms, the bill increases the pre-trial time limit from 110 days to 140 days, in line with that for the High Court. I am pleased that the Justice Committee has accepted the need for that change, and I confirm that we will monitor its implementation. In addition, the bill takes forward many of Lord Carloway’s recommendations on ensuring that appeals are handled in a timely manner. It is in everyone’s interests that appeals proceed in good time. That will mean faster resolution for both appellants and victims.

However, the bill’s scope goes beyond the modernisation of practice and extending the rights of suspects, as it also seeks to improve how we as a society respond to criminal behaviour. For example, by increasing the maximum term for handling offensive weapons, we will send a clear message about the consequences of carrying knives on our streets.

The bill also seeks to improve the way in which we pursue criminal cases. The past three years of debate have brought home the obligation on the Government—and indeed the Parliament—to protect all our citizens. We must answer the concerns that have been aired by brave individuals, support groups and campaigners that justice is not being delivered for victims across whole categories of crime. I acknowledge that there are legitimate concerns about how our system will work without the requirement for corroboration. The committee has done its duty in giving the matter full consideration. For my part, I have listened, I have reflected and I have acted. Lord Bonomy will undertake a thorough review of the changes that might be required as a consequence of abolition. He has assembled a veritable powerhouse of expertise on Scots criminal law.