NICOLA Sturgeon has given an “absolute assurance” that the Government will not hold on to sweeping new emergency powers for any longer than is necessary.
The Coronavirus (Scotland) Bill is due to be rushed through Holyrood today and will include measures to allow trials to go ahead without juries, and for more hearings to take place remotely.
It could also see prisoners freed before the end of their sentence should prison staff levels fall dangerously low due to the virus.
Though ministers have stressed that this is a “last resort” and wouldn’t apply to anyone serving a life sentence, or convicted of terrorism or sexual crimes.
Regulations for an early release will also be subject to another vote by MSPs.
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The act also brings in changes around evictions and delays deadlines for licensing and planning applications.
It also extends the amount of time public bodies have to respond to Freedom Of Information requests.
The Bill has a “sunset clause” which means it should expire in six months on September 30, though MSPs will have the option to extend the legislation for a further two six-month periods should it be deemed necessary.
Constitutional Relations Secretary Michael Russell said: “Some of these measures are about the continuing function of the justice system and public services to maintain public confidence and to keep our communities safe.” He added: “For example, we cannot simply summon juries at present – that would be completely impossible.”
Asked to guarantee that all the powers would be repealed as soon as is appropriate, Sturgeon said: “I can give an absolute assurance that none of these powers will stay on the statute book any longer than is necessary.”
Just 79 of Scotland’s 129 MSPs will be in the chamber today, with the parties agreeing to keep some of their backbenchers at home to ensure social distancing rules.
It’s likely the Bill will pass.
The Tories have said they will back the bulk of the bill, but will seek amendments on jury trials and freedom of information.
MSP Murdo Fraser said: “Trial by jury for serious criminal cases has been part of the Scottish justice system for hundreds of years.
“It is an important safeguard of human rights which we would be most reluctant to see removed.
“We believe there are ways to work around that particular problem without ending trial by jury altogether.”
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