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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 15 June 2025
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Displaying 1062 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

As I said to Ms McNeill, the court has various options in front of it—a custodial sentence, a community payback order, a financial penalty by way of a fine, a compensation order or a restitution order. The court can apply one or all of those options, or a combination of them, as it sees fit.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

Victims, who could include police officers, would be entitled.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

It could be.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

I will clarify that.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

It is a matter for the courts, as you would expect. My understanding is that the courts can make a restitution order separately or along with other orders—so, for example, they could impose both a fine and a restitution order.

The great benefit of restitution orders is that they support not only police officers and police staff who themselves have been assaulted in the course of their duties but other people, such as other emergency workers, or civilians, who have been assaulted when they have assisted them in the course of those duties. The restitution orders bring something additional to what is currently available to the courts.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

The court can use a fine, a compensation order, a restitution order or a community or custodial sentence with respect to any case as it sees fit, whether that involves a member of the public, a police officer or an emergency services staff member.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

We always think about those things. I can confidently say that that is not a concern, because the Scottish Courts and Tribunals Service already has to administer financial penalties, such as fines imposed and compensation orders.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

The end point that we are working towards is that it should be possible to make applications to the fund from next April. To be candid, convener, I appreciate your frustration in that regard. I should say that there was a working group that involved Police Scotland, police staff associations, trade unions and charities such as the police treatment centres. There was certainly broad consensus there, and consideration was given to the view that we would want any bureaucracy to be proportionate. We do not want to create too many hoops or hurdles, although, obviously, the financial governance aspect would need to be safeguarded.

Should the motion be agreed to, we would proceed with development of the guidance, on which we would need to consult, and we would also consider our work on the application process. To be clear, I have already seen an outline of the application process, which would take us from the court imposing a restitution order on an offender right through to the distribution of funds and the victim receiving the relevant support.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

Under the legislation, the courts are under an obligation to consider an offender’s financial means and their ability to pay. As I understand your question—

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

As with any financial penalty, payment can be made in instalments. There is an obligation on the court to consider the offender’s means and whether they would be able to afford to make such payments.