Official Report: Minutes of Evidence

The Chairperson (Mr Frew): We need to put on record the fact that we have concerns relating to Part 1 and Part 2 of the Justice Bill, which we have deliberated informally.

In Part 1, we have concerns about photographs not being included in biometrics; the two- and three-year retention periods where there is a penalty notice or no conviction; the review process for biometrics; the need for a commissioner, their independence and their relationship with the Chief Constable; and the right of the Chief Constable to go to court to seek an extension of a retention period.

In Part 2, we had issues around custody officers and how they assess maturity. We deliberated whether we need to add vulnerabilities to that provision. There is an issue around clause 33: its commencement with regard to bail accommodation. There is an issue about when the child knows their bail rights and the role of the custody officer in that. There are also issues about robust monitoring of the new youth custody and supervision orders and the age at which those kick in.

We put on record, and place the Department on notice, that we will be writing to alert the Department to the Committee's active consideration of amendments on photographs being included in biometric retention schemes; the vulnerability of children when it comes to bail conditions and the role of the custody officer; and review mechanisms for both biometrics and youth custody and supervision orders. Are Members content?