Hansard

I put on the record my and my party’s thanks to all those organisations that have worked with committee members and others during the passage of the bill.

The bill is a bill of two parts. Part 1 is the substantive part because it deals with the pivotal moment when a judge has to decide whether to remand someone in custody or bail them on release back into society, often with conditions attached. That is a grave and difficult decision.

As we go through the next couple of groups, I want to make it clear that there is little doubt that the real and general intention of the bill is to reduce the remand population in Scottish prisons. However, the question that I sought to answer from day 1 was a simple one: is that the stated intention of the bill or the inferred one? In unearthing the answer to that, we need to look at how the Government’s proposals have been responded to by the judiciary, by victims organisations, by justice practitioners, by our courts and our police and, most importantly, by victims.

This afternoon, I will present a series of amendments that I think deal with some of the deficiencies that exist in the bill even at this late stage. Indeed, I would go as far as to say that, when the bill was published, we spent far too long talking about improving the experience of the accused or the offender rather than that of victims and complainers. I sought to redress that imbalance at stage 2, and I will do the same today at stage 3. I do not think that we can vote for amendments that change our bail system and that will put families or victims at any greater risk than they are currently at. The onus is on all of us as members to look considerately at the amendments before us. We should reflect not on the source of the amendments but on their content. I make that ask of all members.

I have worked extremely closely with Victim Support Scotland, which will feature often in my comments today, in drafting my amendments. I am really grateful for its support and for its backing for most of my amendments.

I turn to my first set of amendments. Amendment 19 seeks to add a provision to the bill that would allow the complainer, if they wanted to, to make representations to the court during the bail hearing on how they would be impacted if the accused person was granted or refused bail. Members should note that I took care to use the word “may” rather than the word “must” in the amendment. I absolutely do not want complainers in such scenarios to feel forced, or to be forced, to make representations when they would not be comfortable doing so or when it would not be relevant for them to do so. Amendment 19 would not force them to do that.

I also wanted to ensure that the wording of amendment 19 was broad through the use of the word “representations”. Those members who have been to a busy custody court will know that the judge has to weigh up whether to remand an individual in custody in the immediacy of that environment using the information that has been presented to them during that hearing. Much of part 1 of the bill goes some way in allowing criminal justice social work and other relevant parties to make greater representations to the judge on the day on behalf of the accused, presumably with a view to informing their decision so that they make the best decision possible. I do not have a problem with that, but I ask that the same privilege be afforded to the complainer or the complainer’s representative in such instances, because both voices must be heard.

Some victims organisations said that, although they agreed that that might be a helpful provision in most cases, they were concerned that victims of domestic abuse, for example, could be coerced into making representations to the court that did not accurately reflect their circumstances. I share that concern, which is why amendment 19 is an enabling one that simply creates a mechanism by which the complainer—if, and only if, they want to—can ensure that the court is in full possession of all the relevant information about the case that is before it. I think that that is vital, but I am willing to hear what the cabinet secretary has to say in response to my well-meaning amendment.

If amendment 19 is problematic, I ask the chamber to consider amendment 20, which seeks to amend the 1995 act by including a clause that states that a submission by the Crown must include

“information in relation to the complainer’s safety or safety of other persons”.

It also states that that information could be obtained from a wide range of sources, including a victims advocacy or support organisation. For me, consideration of the complainer’s safety should be the top priority in such deliberations. Therefore, I am delighted that Victim Support Scotland, Scottish Women’s Aid and ASSIST have urged members to support amendment 20.

I turn to the other amendments in the group, which other members have spoken to. I am very happy to support amendment 67, in the name of Pauline McNeill. Similarly, we will support amendment 68, in the name of Katy Clark. I am also happy to support Maggie Chapman’s amendments 15 and 21, which would allow the court to request information from the Crown on the risk of harm to the victim.

I had a problem with amendment 16, albeit that Maggie Chapman described it as a technical amendment, which, in my interpretation of it, at least, would allow the prosecution and the defence to give an opinion to the court on the risk of something occurring, as mentioned in the bail test. Amendment 16 does not have the backing of VSS or other victims organisations, much to my surprise, but I will trust their judgment on that.