Justice Committee 15 May 2012 : Tuesday, May 15, 2012
Kenny MacAskill Amendment 2 is a minor technical amendment that is intended to improve the drafting of new section 194N(1) of the Criminal Procedure (Scotland) Act 1995, on the framework for the consideration by the commission of the release of information. It is intended to avoid any inadvertent implication that a...
Justice Committee 15 May 2012 : Tuesday, May 15, 2012
The Cabinet Secretary for Justice (Kenny MacAskill) Amendment 1 provides that, where the Scottish Criminal Cases Review Commission has determined under the framework in the bill that it is appropriate in the whole circumstances for information that relates to a case to be disclosed, that disclosure
“is not prevented by any obligation of se...
Meeting of the Parliament 10 May 2012 : Thursday, May 10, 2012
Kenny MacAskill Absolutely. The scheme started in Saughton on the initiative of an officer who serves there. I am grateful to the staff and the governor of the prison.
Maureen Watt makes a valid point about prisons that are located in the heart of communities. The situation might be somewhat different in...
Meeting of the Parliament 10 May 2012 : Thursday, May 10, 2012
The Cabinet Secretary for Justice (Kenny MacAskill) The Scottish Prison Service, working with the police and other partners, has developed a variety of initiatives, including the new prison watch scheme. That innovative scheme has been a great success in Edinburgh prison, where it was piloted. Encouraging local people to work with the SPS and the pol...
Meeting of the Parliament 10 May 2012 : Thursday, May 10, 2012
Kenny MacAskill The bill that was introduced last week is a separate matter, but the member raises an appropriate point. It should be borne in mind that making a false declaration is a criminal offence. That would be a matter for the Scottish Legal Aid Board, and I assure the member that the board takes such matter...
Meeting of the Parliament 10 May 2012 : Thursday, May 10, 2012
The Cabinet Secretary for Justice (Kenny MacAskill) The Scottish Government has taken forward significant reforms to the legal aid system. In the 2007 to 2011 parliamentary session, financial eligibility for civil legal aid was substantially widened so that more than 70 per cent of the Scottish population potentially qualify for it. In addition, summ...
Meeting of the Parliament 10 May 2012 : Thursday, May 10, 2012
Kenny MacAskill The member makes a valid point. That is why we as an Administration and we as a party supported Aileen Campbell’s attempts in the previous session to introduce measures that would have required the courts to consider the impact on the child.
It is important that anybody who imposes a cust...
Meeting of the Parliament 10 May 2012 : Thursday, May 10, 2012
The Cabinet Secretary for Justice (Kenny MacAskill) It is the courts rather than the Scottish Government that decide sentences, and the courts will take into account any relevant factors before they make a decision on sentencing within the overall legal framework. The complete independence of the judiciary is at the heart of the criminal justice syst...
Meeting of the Parliament 10 May 2012 : Thursday, May 10, 2012
Kenny MacAskill I am more than happy to recognise that the issue exists. I do not know whether it is better to discuss the matter with me, my colleague the Cabinet Secretary for Education and Lifelong Learning, or indeed the Minister for Children and Young People, but the member is right to point out that, in the w...
Meeting of the Parliament 10 May 2012 : Thursday, May 10, 2012
The Cabinet Secretary for Justice (Kenny MacAskill) The aim of the Scottish crime recording standard, which was introduced throughout Scotland in April 2004, was to provide a more victim-orientated approach to the recording of crime and ensure uniformity in crime recording practices across police forces. Responsibility for ensuring compliance with th...