Summary

  • The Justice Committee considers vulnerable witnesses, management of offenders and the merger of BTP Scotland with Police Scotland

  • The Brexit secretary makes a statement on preparing for a no deal

  • Followed by a statement on the conduct of reviews and inquiries

  • MSPs debate the Damages (Investment Returns and Periodical Payments) (Scotland) Bill

  • An SNP MSP leads a debate on the Fife Alcohol Support Service

  1. 'We must visit an address that is put forward as an HDC'published at 11:43 Greenwich Mean Time 18 December 2018

    Labour MSP Daniel Johnson asks about people who give addresses outside of Scotland and he asks how it that is assessed.

    James Maybee representing Social Work Scotland says: "We must visit an address that is put forward as an HDC."

    There are caveats like remoteness or single key holders, but the word in the guidance is "must" visit, he says.

  2. 'Risk to whom and risk to what?'published at 11:38 Greenwich Mean Time 18 December 2018

    Tory MSP Liam Kerr
    Image caption,

    Tory MSP Liam Kerr

    Tory MSP Liam Kerr asks what a risk assessment covers; "risk to whom and risk to what?"

    Yvonne Gailey from the Risk Management Authority says there are often several different risks involved.

    When talking about risk we are often thinking about the risk of reoffending, but we have to look at both the likelihood and the impact of that happening, she explains.

    "I would have thought the key priority is preventing harm to the public. Is that the case?" Mr Kerr asks.

    Ms Gailey says risk of harm to others will be the foremost part of an assessment, and in terms of home detention curfew, this is the main consideration.

    However this must be balanced with prevention of reoffending and integration with society.

  3. Background: New rules cut home releases from Scottish prisons by 75%published at 11:33 Greenwich Mean Time 18 December 2018

    Electronic tagImage source, Getty Images

    The number of prisoners let out of Scottish jails on a home release tag has fallen by 75% after a man committed a "brutal" murder while on the run.

    New rules on home detention curfews were set out in October following the murder of Paisley man Craig McClelland.

    Prisons chief Colin McConnell told MSPs that new restrictions had seen the number of prisoners given home release falling from up to 30 a week to seven.

    This comes after ministers accepted calls for reforms to the curfew system.

    Read more here.

  4. 80% successful completion rate in home detention curfewspublished at 11:29 Greenwich Mean Time 18 December 2018

    Yvonne Gailey from Risk Management AuthorityImage source, bbc
    Image caption,

    Yvonne Gailey from Risk Management Authority

    Yvonne Gailey from Risk Management Authority says perhaps the introduction of the presumptions against have really raised a question about the purpose of HDC (home detention curfew).

    Ms Gailey says there has been an 80% successful completion rate in HDC.

    In October the police watchdog said a new law should be introduced to prosecute offenders who breach their curfew, after a father-of-three was murdered in a random street attack.

    The police watchdog made the recommendation after examining the murder of Craig McClelland in Paisley.

    His killer, James Wright, breached his home release curfew five months earlier and was "unlawfully at large".

    A report also called for stricter guidelines on the eligibility of offenders for home detention curfew.

    James Wright (left) murdered Craig McClelland in an attack in PaisleyImage source, FACEBOOK/POLICE SCOTLAND
    Image caption,

    James Wright (left) murdered Craig McClelland in an attack in Paisley

  5. Background: Management of Offenders Billpublished at 11:25 Greenwich Mean Time 18 December 2018

    electronic tagImage source, bbc

    The use of electronic tagging on criminals could be extended under proposals put forward by the Scottish government, external.

    It has published legislation that would see new GPS monitoring technology used for the first time.

    Electronic tags are currently only used to ensure offenders stay within their own home for certain periods of time.

    But the new technology could be used to also ensure the tagged person does not enter specific locations.

    This could prevent them approaching the homes of victims or witnesses, or areas where criminal associates are known to gather.

    Read more here.

  6. How is the communication between social work and prison services?published at 11:22 Greenwich Mean Time 18 December 2018

    Green MSP John Finnie
    Image caption,

    Green MSP John Finnie

    Green MSP John Finnie asks about the communication between the Scottish Prison Service and criminal social work regarding a person's eligibility for home detention curfews.

    James Maybee from Social Work Scotland says information exchange has "generally been very good".

    Mr Maybee says there has always been a clear set of guidance regarding home detention, including a physical visit to the proposed residence of the prisoner.

    What triggers the request for risk assessments is decided by the Scottish Prison Service, he adds.

  7. MSPs will shortly discuss the proposed BTP merger with Police Scotlandpublished at 11:16 Greenwich Mean Time 18 December 2018

    The government has already had to delay the introduction of the merger, which was due to take place in April.Image source, BRITISH TRANSPORT POLICE
    Image caption,

    The government has already had to delay the introduction of the merger, which was due to take place in April.

    After MSPs take evidence on the Management of Offenders Bill, they will consider an update from the Scottish government on the proposed integration of the British Transport Police in Scotland into Police Scotland.

    Justice Secretary Humza Yousaf has written to the committee, external saying "all options for the enhanced accountability of railway policing in Scotland would be re-considered".

    Labour MSP Daniel Johnson says the letter confirms a "humiliating U-turn" by Justice Secretary Humza Yousaf.

    The Scottish government put its plans to merge British Transport Police and Police Scotland on hold in April.

  8. MSPs will discuss this shortly...published at 11:13 Greenwich Mean Time 18 December 2018

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  9. We now move to an evidence session on the Management of Offenders (Scotland) Billpublished at 11:09 Greenwich Mean Time 18 December 2018

    Electronic tagImage source, bbc

    MSPs will now take evidence on the Management of Offenders (Scotland) Bill, external from:

    The bill, among other provisions, is seeking to allow courts to make use of electronic GPS and alcohol monitoring.

  10. What support will be given to witnesses further down the line?published at 11:05 Greenwich Mean Time 18 December 2018

    Committee convener Margaret Mitchell
    Image caption,

    Committee convener Margaret Mitchell

    Ms Mitchell asks about dangers of repercussions for witnesses further down the line.

    Lady Dorrian says the bill is specifically looking at minimising harm caused by the ways people give evidence.

    She suggests that any issues further down the line would need to be dealt outwith the courts service, noting a working group led by the lord advocate is currently considering victim support.

    This evidence session draws to a close.

  11. Is there enough money to back the bill?published at 11:00 Greenwich Mean Time 18 December 2018

    Committee convener Margaret Mitchell asks if the budget is sufficient to implement the bill.

    Lady Dorrian explains the equipment is in place, however the room at present is not ideal.

    She says there are good facilities coming into being in Glasgow and the Highlands.

    Tim Barraclough from Scottish Courts and Tribunals Service expresses confidence that we have the facilities necessary.

    The facilities will allow 1,000 commission hearings a year, he says.

  12. What about the child accused?published at 10:56 Greenwich Mean Time 18 December 2018

    Tory MSP Liam Kerr
    Image caption,

    Tory MSP Liam Kerr

    Tory MSP Liam Kerr turns to children who are the accused, asking about improving evidence and getting justice for these children.

    Lady Dorrian replies that a child accused has no need to give any evidence at all.

    There would be significant issues in trying to create a situation which would require a child accused to answer allegations prior to any trial, she adds.

  13. MSPs clash over existence of 'rape clause'published at 10:52 Greenwich Mean Time 18 December 2018

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  14. Evaluation and regular practice at investigative interviews necessarypublished at 10:49 Greenwich Mean Time 18 December 2018

    SNP MSP Fulton Macgregor
    Image caption,

    SNP MSP Fulton Macgregor

    SNP MSP Fulton Macgregor wonders about training techniques for joint investigative interviews (JIIs).

    Tim Barraclough from the Scottish Courts and Tribunals Service accepts there was a lot of inconsistency and issues of quality across the country.

    Police Scotland is in the process of changing the approach to training at the moment, he explains.

    There needs to be an evaluation of interviewers and regular practice at JIIs, as many of the problems were often caused by people only doing them once or twice a year he says.

  15. Simple questions can work for childrenpublished at 10:46 Greenwich Mean Time 18 December 2018

    Lady Dorrian says she is in favour of the use of intermediaries where necessary.

    Very often with children the use of an intermediary may not be required, instead simple questions can work better, the lord justice clerk says.

    There is not a base of intermediaries at the moment, she explains.

  16. Not all vulnerable witnesses will require special measurespublished at 10:41 Greenwich Mean Time 18 December 2018

    Tim Barraclough of the Scottish Courts and Tribunals Services
    Image caption,

    Tim Barraclough of the Scottish Courts and Tribunals Services

    Tim Barraclough of the Scottish Courts and Tribunals Services says a proportionate approach is needed, meaning in terms of different seriousness of offence and different levels of court.

    A teenager who witnessed a bike theft is unlikely to require special measures even though by definition they would be a vulnerable witness, he explains.

  17. Background: Rape victims 'should not attend court' says Scotland's top judgepublished at 10:34 Greenwich Mean Time 18 December 2018

    Scotland's most senior judge has said victims of rape and sexual assault should not have to appear in court.

    Lord Carloway told the BBC his "ultimate objective" was for alleged victims to be able to give filmed statements within 24 hours.

    The judge also said their cross-examination should take place well before the trial and away from court.

    Senior defence advocates warned that a fair trial involved being able to properly test a victim's evidence.

    Lord CarolowayImage source, bbc

    Leading QC Derek Ogg said he was in favour of treating witnesses and victims as humanely as possible but the defence counsel must maintain the right to test evidence by cross-examination.

    Three years ago, Scotland's top judge oversaw a review of how evidence was gathered and his comments to the BBC follow on from those proposals.

    Lord Carloway, Lord President and Lord Justice General of Scotland, said the aim of the courts was to find the best way of getting at "the truth" and the current system was "particularly ineffective".

    He said rape trials could take two to three years to come to trial and the current system was often a "memory test".

  18. Extending provision to other courts is 'a question of resources'published at 10:28 Greenwich Mean Time 18 December 2018

    Lady Dorrian says there is no difficulty at the moment in identifying who would be a vulnerable witness.

    Labour MSP Daniel Johnson says in the first instance the legislation will apply to children, but it stops short of making it possible in all courts.

    Should the bill go further, he asks.

    Lady Dorrian replies ultimately the question of extending this to other courts is a question of resources.

    Once there is a consistent model there would seem to be no reason not to extend it, she says.

  19. Pre-recorded evidence in commission should be rolled out to adult vulnerable witnessespublished at 10:24 Greenwich Mean Time 18 December 2018

    Lady Dorrian explains details of where the commissions should take place.

    SNP MSP Rona Mackay asks if this way of giving evidence should be rolled out to adult vulnerable witnesses.

    The lord justice clerk agrees this should be the case.

  20. Too quick an expansion could lead to consistency issuespublished at 10:20 Greenwich Mean Time 18 December 2018

    Lady Dorrian

    Mr Finnie asks about safeguards to be built into the process.

    These are the same safeguards which would apply if a child is giving evidence at trial, Lady Dorrian explains.

    A requirement to pre-record evidence from young children is absolutely necessary she says.

    She suggests a phased implementation of change is the best approach, which means starting with the most vulnerable children in the most serious cases.

    The danger of expanding it too quickly is that we would have less consistency in its operation, Lady Dorrian adds.