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Business Bulletin 1999-2011

Minutes of Proceedings 1999-2011

Journal of Parliamentary Proceedings Sessions 1 & 2

Committees Sessions 1, 2 & 3

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Introduction

The Criminal Justice and Licensing (Scotland) Bill was introduced in the Parliament on 5 March 2009. The Bill's provisions covered three main purposes: sentencing, criminal procedure and licensing.

Background

The Bill contained more than 80 different policy proposals. Amongst other things the Bill would:

  • Create a framework within which sentencers can base their decisions in individual cases and a Scottish Sentencing Council to provide a sentencing guidelines regime.
  • Introduce the Community Payback Order in place of existing community penalties, create a presumption against custodial sentences of six months or less, and replace the custody-only provisions in the Custodial Sentences and Weapons (Scotland) Act 2007 with short-term custody and community sentences.
  • Create new offences to tackle serious organised crime and a new offence which will criminalise the possession of extreme pornographic images.
  • Raise the age of criminal prosecution to 12.
  • Allow the retention, for at least three years, of fingerprints and other forensic data taken from persons proceeded against but not convicted of a serious sexual or violent offence and the retention for up to three years of forensic data taken where a child accepts or is found by a Sheriff to have committed certain serious or violent offences.
  • Make a spouse or civil partner a compellable witness, create witness anonymity orders and widen the circumstances in which criminal courts may make compensation orders.
  • Clarify the provisions on the disclosure of evidence and create a statutory regime.
  • Make changes to the law relating to mental disorders in criminal proceedings.
  • Modernise general licensing provisions and specific provisions relating to metal dealers, market operators, public entertainment and late night catering, taxis and private hire cars.
  • Improve the operation of the Licensing (Scotland) Act 2005 through modifying a number of provisions to reduce costs and shorten process times as well as ensuring that Licensing Boards receive sufficient information on which to base their decisions concerning licences to sell alcohol.

Justice Committee - Stage 1 Scrutiny

Call for evidence

The Committee issued a call for written evidence inviting individuals and interested parties to submit views on the Bill in writing. The Committee was interested to hear the views of all organisations, bodies and individuals on the proposals contained within the Bill and their likely impact. Comments did not have to cover all aspects of the Bill, only those proposals which were of interest or concern.

UPDATE: In a letter to the Committee on 24 March 2009, the Scottish Government announced that it intended to introduce a new health bill to take forward provisions on a range of alcohol measures including minimum pricing, sale of alcohol to persons under 21 and a social responsibility levy. As a consequence, the Government intended to bring forward amendments to remove the following sections of the Criminal Justice and Licensing (Scotland) Bill at Stage 2:

  • Section 129 - Sale of alcohol to persons under 21 etc.
  • Section 140 - Licensed premises: social responsibility levy

In light of this announcement, the Justice Committee agreed at its meeting on 31 March 2009 that it would no longer consider these provisions of the Bill.

Oral evidence

Listed below are the individuals and organisations who gave evidence on the Bill at Justice Committee meetings along with links to the papers, Official Reports and minutes of each meeting. Also listed is any supplementary written evidence submitted after each meeting.

  • 12 May 2009 - Oral evidence from:
  • Lord President and Lord Justice General
  • Sheriffs' Association
  • Scottish Justices Association
  • The Royal Society of Edinburgh
 

Papers 14 (334KB pdf first posted 08.05.2009)

Minute of Proceedings of Meeting 12 May 2009

Official Report of Meeting 12 May 2009

Supplementary evidence:

 
  • 19 May 2009 - Oral evidence from:
  • The Right Hon Henry McLeish, Chair, Scottish Prisons Commission
  • Fife and Forth Valley Community Justice Authority
  • North Strathclyde Community Justice Authority
  • Lanarkshire Community Justice Authority
  • Association of Directors of Social Work
  • Scottish Consortium on Crime and Criminal Justice
 

Papers 15 (336KB pdf first posted 15.05.2009)

Minute of Proceedings of Meeting 19 May 2009

Official Report of Meeting 19 May 2009

   

  • 26 May 2009 - Oral evidence from:
  • Association of Chief Police Officers in Scotland
  • Scottish Crime and Drug Enforcement Agency
  • Victim Support Scotland
  • Scotland's Commissioner for Children and Young People
  • CHILDREN 1st
  • Children in Scotland

Papers 16 (405KB pdf first posted 22.05.2009)

Minute of Proceedings of Meeting 26 May 2009

Official Report of Meeting 26 May 2009

Supplementary evidence:

  • 2 June 2009 - Oral evidence from:
  • Law Society of Scotland
  • Faculty of Advocates
  • Professor James Fraser, Director of the Centre for Forensic Science, University of Strathclyde
  • Tom Nelson, Director of Forensic Services, Scottish Police Services Authority
  • The Rt Hon Lord Coulsfield, author, Independent review of the law and practice of disclosure in criminal proceedings in Scotland
  • Professor Neil Hutton, and Dr Cyrus Tata, Centre for Sentencing Research, University of Strathclyde
  • James Chalmers, Senior Lecturer, School of Law, University of Edinburgh
  • Dr Sarah Armstrong, Senior Research Fellow, Faculty of Law, Business and Social Sciences, University of Glasgow

Papers 17 (782KB pdf first posted 29.05.2009)

Minute of Proceedings of Meeting 2 June 2009

Official Report of Meeting 2 June 2009

Supplementary evidence:

 
  • 9 June 2009 - Oral evidence from:
  • Scottish Prison Service
  • COSLA
  • The Rt Hon Elish Angiolini QC, Lord Advocate, and Frank Mulholland QC, Solicitor General
  • Crown Office and Procurator Fiscal Service

Papers 19 (368KB pdf first posted 05.06.2009)

Minute of Proceedings of Meeting 09 June 2009

Official Report of Meeting 09 June 2009

Supplementary evidence:

 
  • 16 June 2009 - Oral evidence from:
  • Law Society of Scotland
  • Association of Chief Police Officers in Scotland
  • Scottish Licensed Trade Association
  • Noctis
  • Scottish Late Night Operators Association
  • Scottish Beer and Pub Association
  • City of Edinburgh Licensing Board
  • City of Glasgow Licensing Board
  • Fife Council
  • COSLA

Papers 20 (517KB pdf first posted 12.06.2009)

Minute of Proceedings of Meeting 16 June 2009

Official Report of Meeting 16 June 2009

Supplementary evidence:

     
  • 23 June 2009 - Oral evidence from:
  • Kenny MacAskill MSP, Cabinet Secretary for Justice

Papers 21 (189KB pdf first posted 19.06.2009)

Minute of Proceedings of Meeting 23 June 2009

Official Report of Meeting 23 June 2009

Minute of Proceedings of Meeting 01 September 2009

Official Report of Meeting 01 September 2009

Supplementary evidence:

 

Correspondence

Committee Report

The Committee published its Stage 1 report on 12 November 2009. Please follow the links below to the report, accompanying news release and the Scottish Government's response to the report.

 

Justice Committee - Stage 2 Consideration

Amendments lodged for Stage 2 consideration as they appeared in the daily list of amendments, which are published in Section G of the Business Bulletin (new amendments to Bills), are listed below.

Please note that the text of any amendment may have been revised between being published in a daily list and the Marshalled List, which at Stage 2 is an amalgamation of the various daily lists (minus any amendments that have been withdrawn).

Amendments lodged:

Correspondence:

Calls for evidence

At its meeting on 2 March 2010 the Committee agreed to take evidence at Stage 2 on some of the amendments lodged for Stage 2 which it considers raise significant new issues that were not considered during the Committee’s Stage 1 inquiry. The three topics on which the Committee invited evidence are:

At its meeting on 13 April 2010, the Committee agreed to take written evidence at Stage 2 on amendment 516 lodged by Sandra White MSP. This amendment seeks to allow local authorities to apply a specific licensing regime to adult entertainment venues, including limiting the number of premises in the local authority area that are permitted to provide adult entertainment. Please follow the links below to the call for evidence and the full text of amendment 516:

Please follow the link below to view written submissions received for both calls for evidence:

Stage 2 Consideration of amendments

2 March 2010 (Consideration of amendments, Day 1)


16 March 2010 (Consideration of amendments, Day 2)

13 April 2010 (Consideration of amendments, Day 3)

20 April 2010 (Consideration of amendments, Day 4)

27 April 2010 (Consideration of amendments, Day 5)

4 May 2010 (Consideration of amendments, Day 6)

11 May 2010 (Consideration of amendments, Day 7)

Correspondence about Stage 2 amendments

Stage 2 was completed on 11 May 2010.

Stage 3 proceedings

Stage 3 was taken in the Chamber, rather than by the Committee, but for completeness, the daily lists of amendments lodged are included below.

Amendments lodged:

Correspondence:

The Bill passed Stage 3 on 30 June 2010.

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Contact: For specific information on the Bill, please contact Andrew Proudfoot, Assistant Clerk to the Committee, on 0131 348 5047 or email cjlb@scottish.parliament.uk