- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
-
Date lodged: Wednesday, 20 November 2002
-
Current Status:
Answered by Jim Wallace on 4 December 2002
To ask the Scottish Executive what consideration it is giving to modernisation of the criminal law in respect of abuse of a position of trust by those that care for, advise, supervise or train young persons under the age of 18.
Answer
The Sexual Offences (Amendment) Act 2000 introduced a new offence of abuse of trust. There are no immediate plans to amend these provisions.
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
-
Date lodged: Thursday, 21 November 2002
-
Current Status:
Answered by Jim Wallace on 3 December 2002
To ask the Scottish Executive what proposals it has for modernising the law on admissibility of previous convictions and other misconduct in criminal cases so that juries may consider them, where held relevant, when reaching a verdict.
Answer
There are no plans at present to extend the law on admissibility of previous convictions beyond the existing provisions in the Criminal Procedure (Scotland) Act 1995 including those in section 275A which came into effect on 1 November 2002 as part of the Sexual Offences (Procedure and Evidence) Act 2002.
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
-
Date lodged: Wednesday, 20 November 2002
-
Current Status:
Answered by Jim Wallace on 3 December 2002
To ask the Scottish Executive what work it has instructed to be undertaken with regard to clarifying the law on consent.
Answer
The Lord Advocate has already taken steps to clarify the law on consent in rape cases. Last year, he referred the case of Edward Watt to the High Court and secured a ruling that clarified the definition of rape in Scots law. The High Court held that the general rule relating to the law of rape is correctly stated by reference to a woman's lack of consent. This ruling should make prosecution possible in some cases in which it was not previously possible. In view of this clarification we do not consider that there is currently any need for further work to be undertaken in this area.
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
-
Date lodged: Wednesday, 20 November 2002
-
Current Status:
Answered by Jim Wallace on 3 December 2002
To ask the Scottish Executive what steps it is taking with regard to the recommendations of the Task Force on Child Protection on the Internet established by Her Majesty's Government in March 2001.
Answer
We are currently considering, in consultation with Crown Office, whether a new offence of grooming is needed in Scotland. We closely monitor other child protection issues to ensure that best practice is adopted throughout Scotland and participate in internet safety campaigns to highlight how to avoid the possible dangers of using the internet.
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
-
Date lodged: Wednesday, 20 November 2002
-
Current Status:
Answered by Iain Gray on 2 December 2002
To ask the Scottish Executive what the names and addresses are of each recipient of payments made under the Business Growth Fund.
Answer
This is an operational matter for the Enterprise Networks.
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
-
Date lodged: Wednesday, 20 November 2002
-
Current Status:
Answered by Jim Wallace on 2 December 2002
To ask the Scottish Executive what support it is giving to the establishment of multi-agency public protection arrangements for the purposes of assessing and managing the risks posed to local communities by sexual and violent offenders and other persons considered to be persons that may cause serious harm to the public.
Answer
The Criminal Justice (Scotland) Bill currently progressing through the Parliament provides for the establishment of a new public body, the Risk Management Authority (RMA). The authority will be a centre of expertise in the fields of risk assessment and risk minimisation. One of the RMA's key functions will be to provide the framework for the multi-agency assessment and management of the risk posed to the public by sexual and violent offenders.
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
-
Date lodged: Wednesday, 20 November 2002
-
Current Status:
Answered by Jim Wallace on 2 December 2002
To ask the Scottish Executive what financial support it gives to organisations providing support to the victims of sexual offences.
Answer
Our Domestic Abuse Service Development Fund is providing £117,659 this year to organisations that specifically support victims of rape, sexual assault and sexual abuse. In addition, a section 10 grant of £100,000 is being provided to enable a national office to be established for the Scottish Rape Crisis Network.Victim Support Scotland is funded by the Executive to provide support, information and advice to all victims of crime, including those who have been victims of sexual offences. In 2002-03 this funding amounts to £2.8 million.
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
-
Date lodged: Wednesday, 20 November 2002
-
Current Status:
Answered by Jim Wallace on 2 December 2002
To ask the Scottish Executive, further to the answer to question S1W-22241 by Mr Jim Wallace on 6 February 2002, what the results were of its consultation relating to future changes to the discount rate.
Answer
The planned consultation paper relating to future changes to the discount rate has not yet been issued. The Executive has postponed this so that it might form part of wider consultations on damages, taking account of recent developments, that we plan to carry out during 2003.
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
-
Date lodged: Friday, 15 November 2002
-
Current Status:
Answered by Jim Wallace on 2 December 2002
To ask the Scottish Executive what the average length of time is during which civil actions currently remain at avi'andum in each sheriff court district.
Answer
It is not possible to provide meaningful figures for all sheriff court districts. Figures throughout the year will vary according to the volume of business and the complexity of cases. The availability of part-time sheriffs is also a factor in securing writing days for permanent sheriffs to complete written judgements. Sheriffs Principal monitor avizandum lists and they take such action as they can to secure completion of written work within reasonable time.
- Asked by: Brian Fitzpatrick, MSP for Strathkelvin and Bearsden, Scottish Labour
-
Date lodged: Wednesday, 20 November 2002
-
Current Status:
Answered by Jim Wallace on 28 November 2002
To ask the Scottish Executive what consideration it is giving to amending the criminal law to permit criminal proceedings to be brought against persons previously acquitted of serious criminal charges where compelling new evidence has become available.
Answer
I refer the member to the answer given to question S1W-27759 on 15 August 2002. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/search_wa.