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Chamber

Meeting of the Parliament 20 February 2025

20 Feb 2025 · S6 · Meeting of the Parliament
Item of business
Independent Review of Sentencing and Penal Policy
Nicoll, Audrey SNP Aberdeen South and North Kincardine Watch on SPTV

I will not, if Liam Kerr does not mind, as I am short of time.

In response, Scotland has undertaken a range of proactive steps, including a broadening out of community justice, interventions, the presumption against short-term prison sentences, and the enactment of the Bail and Release from Custody (Scotland) Act 2023 to support more effective use of bail and more effective release planning. The provisions in the Children (Care and Justice) (Scotland) Act 2024 that ensure that under-18s are no longer sent to prison are also hugely welcome. I agree entirely with Rona Mackay’s comments with regard to community custody units that aim to effectively support women as they transition out of a prison environment and back into the community.

On the forthcoming budget for 2025-26, I am pleased to see the Scottish Government’s commitment to strengthening community justice services through an investment of almost £160 million, and I urge all members to support the budget next week. We cannot call out perceived failures in the system on the one hand without supporting the solutions on the other.

I note the comments of Dr Hannah Graham and her academic colleagues in their submission to the Criminal Justice Committee relating to the recent early release of prisoners. They said that

“the prison population and jail conditions are important issues which have been raised for decades. It will take political will, moral courage, resources, and action on several fronts to achieve meaningful change.”

I therefore welcome the cabinet secretary’s update on an independent review of sentencing and penal policy to examine how custodial sentences and community interventions can be used to best effect, including, importantly, whether and how they can be developed further.

I am also delighted to hear that Martyn Evans will chair the commission. He will bring a wealth of insight and experience to his role, as will the other commissioners who have been referenced today, and I do not think for one second that he will simply tell the cabinet secretary what she wants to hear.

The cabinet secretary noted that the review will focus initially on community sentencing, bail and release from custody. However, I hope that the issues around remand are also included as part of that early work. Perhaps, in her closing remarks, the cabinet secretary can jog my memory about whether remand is to be included.

I support all proposals to enable Scotland to continue on its journey towards a reformed and effective justice system. I welcome the announcement and look forward to following the progress of the review.

16:05  

In the same item of business

The Deputy Presiding Officer (Annabelle Ewing) SNP
The next item of business is a debate on motion S6M-16532, in the name of Angela Constance, on an independent review of sentencing and penal policy. 15:12
The Cabinet Secretary for Justice and Home Affairs (Angela Constance) SNP
Since October 2023, I have updated Parliament on a number of occasions about the rising prison population, the challenges that that brings and what the Gover...
Jamie Greene (West Scotland) (Con) Con
I am sorry to pre-empt what may come next, but there already is a presumption against short sentences in Scotland. The cabinet secretary is dancing on the he...
Angela Constance SNP
There is indeed a presumption against short-term sentencing in Scotland. This Government took that very decisive action. I know that that has had success, in...
Liam Kerr (North East Scotland) (Con) Con
The Scottish Conservatives have been demanding a review of sentencing and penal policy for years. I am pleased to hear that progress has finally been made an...
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
Does the member recognise that England and Wales are going through exactly the same situation and have encountered exactly the same problem as we have, and a...
Liam Kerr Con
My starting point is always to consider bespoke Scottish solutions to Scottish challenges. It is very important that, where we have a fully devolved matter a...
Angela Constance SNP
I appreciate very much that Mr Kerr wishes to campaign for changes in the victim notification scheme. I will certainly be with him on at least part of that j...
Liam Kerr Con
That is a fair challenge. What we would have done is build capacity such that the new HMP Barlinnie would not be 10 times over budget—it costs nearly £1 bill...
The Deputy Presiding Officer SNP
I remind members who wish to speak in the debate to check that they have pressed their request-to-speak buttons. I call Pauline McNeill to speak to and move ...
Pauline McNeill (Glasgow) (Lab) Lab
Our prisons are bursting at the seams and we are being forced to release prisoners early, causing deep public concern. We have some of the highest levels of ...
Liam Kerr Con
Does it concern Pauline McNeill that there is no specific budget line in next year’s budget for throughcare?
Pauline McNeill Lab
It dumbfounds me at times. I have been taking part in debates on this issue for two decades now—indeed I have—and we know that the answers lie in throughcare...
Angela Constance SNP
I wonder whether Ms McNeill welcomes the fact that the new throughcare contract has been agreed and will be in force for the next financial year, with increa...
Pauline McNeill Lab
I absolutely do welcome it, but the two points are not mutually exclusive. I would like it to be visible, but of course I welcome the commitment. What I have...
Maggie Chapman (North East Scotland) (Green) Green
I welcome the information that the cabinet secretary has shared with us about the commission that will be chaired by Martyn Evans. I look forward to receivin...
Liam McArthur (Orkney Islands) (LD) LD
I, too, welcome the debate and the independent sentencing review. I know that it is dangerous to prejudge such things, but I confidently expect such a review...
The Deputy Presiding Officer SNP
We move to the open debate. I advise members that back-bench speeches should be of the agreed slot of up to four minutes and that we have no time in hand. An...
Fulton MacGregor (Coatbridge and Chryston) (SNP) SNP
Today’s debate examines the difficult issue of prison populations, the justice system and ensuring that the Scottish public are kept safe from harm. If we lo...
Liam Kerr Con
Will the member take an intervention?
Fulton MacGregor SNP
I have four minutes, and we have been asked to co-operate. I am sorry, Mr Kerr. I am fully aware that the funding increases are being made at the same time ...
Jamie Greene (West Scotland) (Con) Con
It was not long ago that we debated the Bail and Release from Custody (Scotland) Bill. The Scottish Conservatives argued that the bill would do very little t...
Angela Constance SNP
Will the member give way?
Jamie Greene Con
I do not have time. I have great respect for many of the individuals who have been named on the new review panel, but I fear—I hope that it is just that—tha...
Rona Mackay (Strathkelvin and Bearsden) (SNP) SNP
Per capita, Scotland has one of the highest prison populations in western Europe. We are simply locking up too many people, and that cannot continue. I welco...
Audrey Nicoll (Aberdeen South and North Kincardine) (SNP) SNP
Since this parliamentary session began, the challenges that the justice system faces have featured prominently in chamber business. Justice touches absolutel...
Liam Kerr Con
Will the member give way?
Audrey Nicoll SNP
I will not, if Liam Kerr does not mind, as I am short of time. In response, Scotland has undertaken a range of proactive steps, including a broadening out o...
Ben Macpherson (Edinburgh Northern and Leith) (SNP) SNP
I am grateful for the opportunity to speak in the debate on this important subject, and I welcome the establishment of the independent review. I agree with ...
The Deputy Presiding Officer SNP
We move to closing speeches. Maggie Chapman will close on behalf of the Scottish Greens. 16:10