Committee
Justice 2 Committee, 28 Mar 2006
28 Mar 2006 · S2 · Justice 2 Committee
Item of business
Police, Public Order and Criminal Justice (Scotland) Bill: Stage 2
Amendments 2 and 3 are relatively straightforward. They follow the same logic that the Executive has used in sections 69(1), (2) and (3). Sections 69(2) and (3) in effect double the sentence for possession of a sharp implement—a blade or knife—in a public place from two to four years for those who are convicted on indictment. Although I welcome that provision, why should we double the sentence for convictions on indictment but not for convictions in summary cases? As the Executive is aware, the latest available figures show that there were approximately 2,800 convictions for the offence, of which 42—approximately 2 per cent—were on indictment. Two of those convicted on indictment received the maximum sentence. The other 98 per cent of convictions would be left untouched by the bill.I am aware that the Executive has said publicly that it supports extension of the sentence for summary convictions. This is the perfect opportunity to do that. If the Executive believes that it is right to use the bill to double the sentence for convictions on indictment, it is logical for it to do the same for summary convictions. The Executive is using the bill to amend section 49(1)(b) of the Criminal Law (Consolidation) (Scotland) Act 1995; I suggest that we also amend section 49(1)(a). The bill amends section 49A(5)(a)(ii); I suggest that we also amend section 49A(5)(a)(i). The effect of those two simple amendments would be to double the sentence for summary convictions from six months to one year.I doubt that I will be persuaded to support amendments 2A and 3A, as I think that doubling the sentence from six months to a year probably strikes the correct balance, but I will wait to hear Jeremy Purvis's arguments. I will also be interested to hear what other members and the minister have to say.I move amendment 2.
In the same item of business
The Convener:
Con
The next item is day 4 of stage 2 consideration of the Police, Public Order and Criminal Justice (Scotland) Bill. Today the committee will not go further tha...
Section 69—Increase in maximum term of imprisonment for certain offences
The Convener:
Con
Amendment 2, in the name of Stewart Maxwell, is grouped with amendments 2A, 233, 3, 3A, 234, 202, 203 and 235. I will put the questions on amendments 2A and ...
Mr Stewart Maxwell (West of Scotland) (SNP):
SNP
Amendments 2 and 3 are relatively straightforward. They follow the same logic that the Executive has used in sections 69(1), (2) and (3). Sections 69(2) and ...
Jeremy Purvis:
LD
No one can be in any doubt about the scale of the problem of knife crime in Scotland. All committee members were struck by the presentation that was given to...
Bill Butler:
Lab
I welcome the opportunity to debate these serious matters. We all realise the seriousness of the subject that we are discussing.Amendments 2A and 3A, in the ...
Jackie Baillie:
Lab
I concur with those remarks. Provisions on knife crime deserve substantial consideration, but no evidence was presented on Jeremy Purvis's proposals at stage...
Maureen Macmillan (Highlands and Islands) (Lab):
Lab
I have a question for Jeremy Purvis on amendment 235. We already have rehab services in prisons and the Management of Offenders etc (Scotland) Act 2005 is me...
The Convener:
Con
I had some concerns about the fact that the costings of custody and behavioural orders were not presented up front for us to debate and test. Some interestin...
The Deputy Minister for Justice (Hugh Henry):
Lab
Clearly, committee members have raised a number of issues and I sympathise with most of what has been said. I think that we all agree that we should strength...
The Convener:
Con
Colin Fox gave apologies, which I tendered on his behalf. However, he has now appeared in time, so I will allow him to speak to the amendments in his name, a...
Hugh Henry:
Lab
In that case, I will leave my comments at that.
The Convener:
Con
I ask Colin Fox to speak to amendments 202 and 203 and to the other amendments in the group. I remind committee members that we will treat these remarks as i...
Colin Fox (Lothians) (SSP):
SSP
Thank you for accommodating me, convener. I apologise to the committee and the minister for not being present earlier.The purpose of amendments 202 and 203, ...
The Convener:
Con
Do you wish to say anything about any of the other amendments in the group?
Colin Fox:
SSP
For some of the reasons that I have just given, I am not attracted to the proposal to increase the sentence that can be imposed. I do not think that doubling...
Bill Butler:
Lab
I have listened with interest to what Colin Fox has said and believe that it contains a great deal of good sense. His proposal addresses a side of the equati...
The Convener:
Con
As no other member wishes to comment on the amendments in the name of Colin Fox, we will hear from the minister.
Hugh Henry:
Lab
Colin Fox made a number of interesting points and identified several matters on which there is quite stark debate. He talked about cultural issues, but there...
Mr Maxwell:
SNP
I will not keep the committee very long. On Jeremy Purvis's amendment 235, Bill Butler, Maureen Macmillan and Jackie Baillie raised entirely appropriate poin...
Jeremy Purvis:
LD
I will respond in order to members' comments, which I appreciate. The first questioned whether my amendments would create a variety of maximum sentences in s...
The Convener:
Con
The question is, that amendment 2A be agreed to. Are we agreed?
Members:
No.
The Convener:
Con
There will be a division.
ForPurvis, Jeremy (Tweeddale, Ettrick and Lauderdale) (LD)AgainstBaillie, Jackie (Dumbarton) (Lab)Butler, Bill (Glasgow Anniesland) (Lab)Davidson, Mr David (...
The Convener:
Con
The result of the division is: For 1, Against 6, Abstentions 0.
Amendment 2A disagreed to.
Amendment 2 agreed to.
Amendment 233 moved—Jeremy Purvis.
The Convener:
Con
The question is, that amendment 233, be agreed to. Are we agreed?