Justice Committee invites evidence on criminal justice amendments
5 Mar 10
Significant new matters raised at stage 2 of bill
The Scottish Parliament's Justice Committee has agreed to take evidence at stage 2 of the Criminal Justice and Licensing (Scotland) Bill on amendments lodged for stage 2 which it considers raise significant new issues that were not considered during the committee’s stage 1 inquiry.
These relate to stalking, sentencing for knife crime, and offences connected with prostitution.
Stalking relates to an amendment lodged by Rhoda Grant MSP which provides for a new offence of stalking, for which the maximum penalty (on conviction on indictment) would be five years’ imprisonment. An alternative amendment lodged by the Scottish Government provides for a new offence involving threatening, alarming or distressing behaviour, carrying the same maximum.
On knife crime, an amendment lodged by Labour justice spokesperson Richard Baker would require a court, other than in exceptional cases, to impose a sentence of imprisonment or detention for at least six months for anyone over 16 convicted of an offence under section 49 of the Criminal Law (Consolidation) (Scotland) Act 1995 (offence of having in a public place an article with a blade or point).
An amendment to that amendment lodged by Conservative spokesperson and committee convener Bill Aitken proposes instead a minimum custodial sentence of two years, other than where there are mitigating circumstances and the court thinks fit to impose a shorter term or a non-custodial sentence.
Prostitution comes up in an amendment lodged by Trish Godman MSP which proposes to create three new offences – engaging in a paid-for sexual activity, advertising paid-for sexual activities, and facilitating engagement in a paid-for sexual activity, all to be subject, on summary conviction, to a fine of up to £1,000.
Further amendments lodged by Margo MacDonald MSP would add two further offences – causing alarm etc by engaging in a paid-for sexual activity, and profiting from coerced paid-for sexual activities – subject to the same penalties.
Consequential amendments specify which of the new offences are to be classed as “exploitation offences” for the purposes of the Antisocial Behaviour (Scotland) Act 2004.
Oral evidence
The committee plans to take oral evidence on all three topics at its meeting on Tuesday 23 March. Further details of the witnesses who will be invited that day will be announced in due course.
Formal proceedings on the amendments will not take place until the oral evidence has been heard.
The committee would welcome written submissions on any (or all) of these three topics, by Wednesday 17 March, not exceeding four sides of A4 and preferably by email to cjlb@scottish.parliament.uk .
Click here for further information and to access the policy on treatment of written evidence.