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Every contribution to the Official Report — chamber and committee — searchable in one place. Pulled from data.parliament.scot, indexed for full-text search, linked through to every MSP.

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Showing 60 of 2,354,908 contributions. Latest 30 days: 0. Coverage: 12 May 1999 — 25 Mar 2026.
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Item 3 is the Custodial Sentences and Weapons (Scotland) Bill. Members should have the bill and accompanying documents together with the two Scottish Parliament information centre briefings on the bill.I welcome the Scottish Executive officials who have joined us. We allocated...
Mr David Davidson (North East Scotland) (Con): Con Chamber
11 Jan 2007
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
I thank the clerks and the Scottish Parliament information centre for their support in helping the Justice 2 Committee to consider the bill, and I thank all those who provided written evidence and who gave oral evidence in committee meetings.The sentencing part of the bill see...
The Convener: Con Committee
19 Sep 2006
Custodial Sentences and Weapons (Scotland) Bill (Adviser)
Agenda item 3 is on the forthcoming custodial sentences and weapons (Scotland) bill. Members have had a note from the clerk about the appointment of an adviser for the bill. Graham Ross from the Scottish Parliament information centre has joined us for the item. Members are ask...
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Item 2 is our second evidence-taking session on the Custodial Sentences and Weapons (Scotland) Bill at stage 1. I welcome from the Scottish Parliament information centre Graham Ross and Frazer McCallum, who have come along to assist us, and Susan Wiltshire, who is one of the c...
The Convener: Con Committee
14 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Agenda item 3 is our third evidence session on the Custodial Sentences and Weapons (Scotland) Bill.I welcome our first panel: Neil Paterson, who is director of operations for Victim Support Scotland; and Susan Matheson and Donald Dickie, who are from the Scottish Consortium on...
The Convener: Con Committee
14 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
I thank the witnesses for coming and for their evidence. As I said, if you have any short comments to add, I ask you to give them directly to the clerks in the next few days.I welcome our next panel of witnesses: Cyrus Tata, the co-director of the centre for sentencing researc...
The Convener: Con Committee
21 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Item 2 is our fourth evidence session on the Custodial Sentences and Weapons (Scotland) Bill, for which Graham Ross and Frazer McCallum from the Scottish Parliament information centre are here to assist us. I welcome back to the committee our first witness, Fiona Moriarty, who...
The Convener: Con Committee
28 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Item 2 is consideration of the Custodial Sentences and Weapons (Scotland) Bill. This is the fifth and final evidence session that has been scheduled for the bill at stage 1. I welcome Graham Ross and Frazer McCallum from the Scottish Parliament information centre; Ian Gunn, th...
The Convener: Con Committee
09 Jan 2007
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Item 3 is to allow the committee to consider further an interim response from the Minister for Justice to the committee's stage 1 report on the Custodial Sentences and Weapons (Scotland) Bill, which members have had circulated to them. The clerks assure me that we will get a d...
The Convener: Con Committee
16 Jan 2007
Custodial Sentences and Weapons (Scotland) Bill
Item 2 is consideration of the Custodial Sentences and Weapons (Scotland) Bill. A letter from the Deputy Minister for Justice has been circulated to members. I ask members to consider motion S2M-5408.
The Convener (Mr David Davidson): Con Committee
06 Feb 2007
Custodial Sentences and Weapons (Scotland) Bill: Stage 2
Good afternoon, ladies and gentlemen. I welcome you to the third meeting in 2007 of the Justice 2 Committee. We have not received any apologies, as yet. I ask everybody to switch off their mobile phones, pagers or anything else that goes ping and that might interfere with the ...
The Convener (Mr David Davidson): Con Committee
13 Feb 2007
Custodial Sentences and Weapons (Scotland) Bill: Stage 2
Good afternoon, ladies and gentlemen, and welcome to the fourth meeting in 2007 of the Justice 2 Committee. No apologies have been received so far. I ask everyone in the room kindly to switch off mobile phones and pagers.Item 1 is day 2 of stage 2 of the Custodial Sentences an...
The Convener: Con Committee
13 Feb 2007
Subordinate Legislation
The next meeting is on 20 February. In addition to having day 3 of stage 2 consideration of the Custodial Sentences and Weapons (Scotland) Bill, we will take evidence from the Deputy Minister for Justice on the legislative consent memorandum on the Serious Crime Bill. I remind...
The Convener: Con Committee
20 Feb 2007
Custodial Sentences and Weapons (Scotland) Bill: Stage 2
Item 3 is day 3 of stage 2 of the Custodial Sentences and Weapons (Scotland) Bill, during which we will consider sections 21 to 35 of the bill.
The Convener: Con Committee
27 Feb 2007
Custodial Sentences and Weapons (Scotland) Bill: Stage 2
Item 3 is our final day at stage 2 of the Custodial Sentences and Weapons (Scotland) Bill. We will consider sections 36 to 42, sections 47 to 50 and schedules 2 and 3. I gather that the minister wishes to change teams of officials at this point. In the meantime, I remind commi...
Mr Davidson: Con Committee
04 Feb 2003
“Dealing with offending by young people”
I will turn to Mr Gallagher. In exhibit 23 of the report, the percentage of under-21s who were convicted and given a custodial sentence varied from 3 per cent to 24 per cent across court areas. Why did that variation occur, how is it being monitored and what action is being ta...
Mr Davidson: Con Committee
18 Feb 2003
“Dealing with offending by young people”
The report shows quite considerable variations in the treatment of young offenders across the various parts of Scotland. For example, a sample of 17 fiscal offices found that the proportion of cases involving under-21s on which no proceedings were taken by procurators fiscal w...
The Convener: Con Committee
19 Sep 2006
Custodial Sentences and Weapons (Scotland) Bill (Adviser)
Does the committee therefore agree to appoint an adviser to assist it in its scrutiny of the bill?Members indicated agreement.
The Convener: Con Committee
19 Sep 2006
Custodial Sentences and Weapons (Scotland) Bill (Adviser)
Does the committee agree to the suggested role and specification for the adviser, as laid out in annex A to the clerk's note?Members indicated agreement.
The Convener: Con Committee
19 Sep 2006
Custodial Sentences and Weapons (Scotland) Bill (Adviser)
That concludes the public part of the meeting.
The Convener (Mr David Davidson): Con Committee
03 Oct 2006
Items in Private
Good afternoon ladies and gentlemen and welcome to the 25th meeting in 2006 of the Justice 2 Committee. Would anybody who has a mobile phone, pager or BlackBerry kindly switch it off? The minister has already done so—I give him credit for that.I welcome to the meeting Bill Ait...
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Thank you. That was very helpful, particularly your clarity about the process of handling the chain of measures, if I may put it that way. To help with the management of the meeting, I suggest that the committee divide its questions into two sections. We will ask questions tha...
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Several other issues arise. It would be helpful for the committee to have details about the changing rules of engagement for the Parole Board. We note the move from three-member tribunals to two-member tribunals. If the two members fail to come to an agreement, another loop wi...
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Forgive me for being simplistic, but I am not a lawyer and I have not been involved in the Parole Board system. You seem to be saying that, if the tribunal is not satisfied that there are grounds for release—which includes cases in which one member is satisfied but the other i...
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Thank you for that clarity. Did anything go wrong with the three-member tribunal? Was there a particular reason for the change, or was it simply a question of efficiency and the fact that the new system has worked elsewhere?
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
In fairness to the officials who are here today, the committee is taking evidence from several agencies and the minister, and I am sure that we will take that issue further.
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
We would be grateful if after the meeting all of you, including your colleagues on the other panel, would review the questions that have been asked. If you believe that it is appropriate for you to send short notes to the committee to clarify some points, that will be helpful....
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
I do not think that Mr Fox is seeking legal representation at this stage.
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Perhaps the panel could send us a note on that.
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
We will leave it there. As I said earlier, if anyone on the panel wishes to send us more information on the issues that arose today, they are welcome to do so. Similarly, if members have further questions, they can submit them to the clerk, who will write for further clarifica...
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Thank you for that. I ask members to be as tight with their questioning as possible, and I will try to demonstrate how to do that. One or two issues come out of what you said, including the need for a licence for retail sales of knives. As you said, retailers of knives that ar...
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
I am not aware that stores challenge someone who buys a bread knife, for example, but will that become an obligation?
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
It sounded from what you said a moment ago that the courts will define. That is usually a bit too late, as people will want to know in advance whether they need a licence. Is there any intention in the Scottish Executive Justice Department to define more clearly exactly what a...
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
I was there.
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
In other words, somebody who was carrying a shotgun would have to have their licence on them and the situation would be the same for a ghillie or for someone who does a lot of offshore fishing, for example for large coarse fish, and who would come and go carrying one of those ...
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
You gave figures for offences that are committed with non-domestic knives. Is there any evidence, or has any research indicated, that the bill might lead to people purchasing a domestic knife or implement and using it as an alternative to whatever it is that they use and commi...
The Convener: Con Committee
24 Oct 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
I thank the panel very much. As I mentioned to the previous panel, if after reviewing what has been said this afternoon the witnesses want to make additional points, they can send those to the clerks and we will be happy to consider them.As agreed earlier, we move into private...
The Convener: Con Committee
31 Oct 2006
Legal Profession and Legal Aid (Scotland) Bill: Stage 2
That ends stage 2 consideration of the Legal Profession and Legal Aid (Scotland) Bill. I thank the minister and committee members for their attendance, and I thank everyone for their forbearance, given that our previous meeting did not start on time.The next meeting will be at...
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
From what you have said, I assume that you are going to set up a working arrangement with the Scottish Prison Service to deal with the bill. Can you highlight to the committee any action that you are taking in that regard?
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Given Mr Baird's opening comment about the speed of the legislative process, the committee would welcome short, focused written communications to keep us in touch with the joint work as it progresses. The work is obviously at an early stage.
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
That is excellent. Thank you.Under the new arrangements, how much input will local authorities and social work services have to the risk management process while offenders are in custody? How will that input vary between different categories of offender?
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Are you suggesting that all records on the individual should be considered during your assessment?
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
How many new staff will you need and how quickly will you be able to put them on the park? After all, if the legislation is passed, it will not be that long before it is implemented.
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
How long will it take to train up brand new social workers?
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
I am sorry to push you, but surely if this four-year degree course was introduced only last year, people on it will not be available for employment for another two or three years.
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
As the people who are on the front line, how appropriate do you think it is for unqualified staff to supervise released prisoners? I presume that the proposal comes from the Executive.
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Representatives of the voluntary sector will give evidence next week.
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
We turn now to weapons. I am conscious of the time, but a lot of vital evidence is emerging this afternoon.
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
It would be extremely helpful if the COSLA representatives would ask their trading standards colleagues to submit information to the clerks.
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Thank you.
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
I thank the panel for answering our questions this afternoon. We look forward to receiving the documents that were promised would be sent to the clerks. We will now arrange for the second panel of witnesses to sit at the table.Good afternoon, gentlemen, and welcome to the next...
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
In other words, recall to custody in not the province of the police, but the police will act on it.
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
In other words, the police are not the lead on the recall.
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Can you give us an estimate of how much police time is spent on dealing with breaches of licence and recalls to custody?
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
What are the triggers for recall and how are the police called to deal with it?
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
How long does it take from somebody being put into the system to the police being called in to recover them?
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Do your organisations have a view on how that process works?
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
We do not want to pry into police intelligence. However, while we are considering the bill, the local police forces will want to keep a watching brief on those individuals who, in their opinion, might be a risk. Is that something on which you will seek to input into our eviden...
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
We will now consider part 3 of the bill, which deals with weapons.
The Convener: Con Committee
07 Nov 2006
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
You mentioned proof of identity. Are you suggesting that when someone purchases a non-domestic knife they must give proof of who they are and where they live, which will be recorded by the dealer?
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Committee

Justice 2 Committee, 24 Oct 2006

24 Oct 2006 · S2 · Justice 2 Committee
Item of business
Custodial Sentences and Weapons (Scotland) Bill: Stage 1
Item 3 is the Custodial Sentences and Weapons (Scotland) Bill. Members should have the bill and accompanying documents together with the two Scottish Parliament information centre briefings on the bill.I welcome the Scottish Executive officials who have joined us. We allocated an hour for this agenda item—we will still have an hour, despite the fire alarm. Different officials are working on different elements of the bill. First, there will be a short presentation on the custodial sentences element, followed by questions. After that, the officials will swap over and we will follow the same format for the weapons element of the bill.I welcome Jane Richardson, Rachel Gwyon, Annette Sharp, Brian Cole and Charles Garland, who I think are all from the Scottish Executive Justice Department. I invite Jane Richardson to give her presentation.

In the same item of business

The Convener: Con
Item 3 is the Custodial Sentences and Weapons (Scotland) Bill. Members should have the bill and accompanying documents together with the two Scottish Parliam...
Jane Richardson (Scottish Executive Justice Department):
As you can see, there are quite a few of us here. Given that the custodial sentences element of the bill is about the management of sentences from beginning ...
The Convener: Con
Thank you. That was very helpful, particularly your clarity about the process of handling the chain of measures, if I may put it that way. To help with the m...
Jane Richardson:
We acknowledge that a significant burden will be placed on the Parole Board, which, along with the whole system, will have a period of dual running while the...
The Convener: Con
Several other issues arise. It would be helpful for the committee to have details about the changing rules of engagement for the Parole Board. We note the mo...
Jane Richardson:
I will answer the practical part of the question and my colleague Charles Garland may want to confirm the thinking on the legal aspects. We have had discussi...
Charles Garland (Scottish Executive Legal and Parliamentary Services):
That is my understanding, too. As Jane Richardson explained, the intention is to create under section 2 new Parole Board rules that will set out the ways in ...
The Convener: Con
Forgive me for being simplistic, but I am not a lawyer and I have not been involved in the Parole Board system. You seem to be saying that, if the tribunal i...
Jane Richardson:
Under the framework for release, individuals will always be released on licence at the 75 per cent point of the sentence. The Parole Board will have the powe...
The Convener: Con
Thank you for that clarity. Did anything go wrong with the three-member tribunal? Was there a particular reason for the change, or was it simply a question o...
Jane Richardson:
It was a question of efficiency and effectiveness elsewhere. We looked to other models for some assistance.
Mr Stewart Maxwell (West of Scotland) (SNP): SNP
I want briefly to follow your questions, convener.Having read the bill, I came to the conclusion, which has just been confirmed, that somebody would be relea...
Jane Richardson:
The minimum referred to in that briefing is the 50 per cent minimum, which—I say this without pre-empting any sentencing decisions by courts—may be seen as t...
Mr Maxwell: SNP
I accept that, but the question is whether offenders who present as a high risk of reoffending and/or who pose an unacceptable threat to public safety will b...
Jane Richardson:
Yes.
Mr Maxwell: SNP
Why?
Jane Richardson:
Good question. Ministers have considered the point, and the debate has run for a considerable time. As the committee may have noticed, there is a slight depa...
Mr Maxwell: SNP
I accept everything that you say. I support alternatives to custody and I think that the idea of an incentive is great. However, do you think that it is reas...
Jane Richardson:
As I said, after thinking through the options, the Scottish ministers have decided that it would be appropriate to deal with offenders by managing them both ...
Mr Maxwell: SNP
I still do not understand why. You say that the Scottish ministers have decided that, but why?
Cathie Craigie (Cumbernauld and Kilsyth) (Lab): Lab
You need to ask the ministers.
Mr Maxwell: SNP
This is the bill team. I am sure that they have some knowledge of what has been going on in the Executive.
Jane Richardson:
I am sorry—I might not be making myself very clear. The policy is that the individual, even when they are high risk, should be managed in the community rathe...
The Convener: Con
In fairness to the officials who are here today, the committee is taking evidence from several agencies and the minister, and I am sure that we will take tha...
Cathie Craigie: Lab
It seems to me that if someone comes before the board after 50 per cent of their sentence is served, there is not really much incentive to change their behav...
Jane Richardson:
First, the bill sets out provisions for a continuous review of the individual's detention and custody beyond the minimum period imposed by the court. Of cour...
Cathie Craigie: Lab
Okay. So what were the responses to the consultation?
Jane Richardson:
The consultation on the measures was done through the Sentencing Commission for Scotland's work. The Scottish ministers then took the recommendations of the ...
Colin Fox: SSP
A very general question leaps out at me when I read the bill and explanatory notes. Will the commitment of the Scottish Executive Justice Department and this...
Rachel Gwyon (Scottish Prison Service):
The Scottish Prison Service has considered the proposals and the objectives to improve clarity of sentencing and integrated management. We have also had to m...