- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 12 May 2003
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Current Status:
Answered by Cathy Jamieson on 3 June 2003
To ask the Scottish Executive, further to the answer to question S1W-33802 by Mr Jim Wallace on 18 February 2003, how many performance points have been accrued by the operators of HM Prison Kilmarnock under the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock as a result of the concerted indiscipline there from 29 to 31 January 2003.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:Forty.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 12 May 2003
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Current Status:
Answered by Cathy Jamieson on 3 June 2003
To ask the Scottish Executive, further to the answer to question S1W-33812 by Mr Jim Wallace on 18 February 2003, whether any performance points will accrue directly or indirectly to the operators of HM Prison Kilmarnock in respect of the fire at the prison reported in the Sunday Mail on 19 January 2003 and what the reasons are for the position on the matter.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:No. Investigations have not identified any breach of discipline or of procedures which would justify application of performance points, as defined in schedule F of the contract.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 13 May 2003
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Current Status:
Answered by Elish Angiolini on 2 June 2003
To ask the Scottish Executive, further to the answer to question S1W-30312 by Mrs Elish Angiolini on 17 October 2002, how many reports to procurators fiscal were marked "no proceedings" for a reason of (a) time-bar, (b) delay by police/reporting agency, (c) lack of court resources, (d) procurator fiscal staff shortage and (e) delay by procurator fiscal in 2002-03, broken down by sheriff court district.
Answer
The information requested is as follows:April 2002 to March 2003
| Timebar | Delay by Police/Other Agency | Lack of Court Resources | PF Staff Shortage | Delay by PF | Total "No Proceedings" |
| Aberdeen | 19 | 156 | 0 | 0 | 4 | 1,274 |
| Airdrie | 200 | 2,379 | 0 | 0 | 2 | 3,564 |
| Alloa | 17 | 15 | 0 | 0 | 0 | 511 |
| Arbroath | 1 | 5 | 0 | 0 | 3 | 249 |
| Ayr | 8 | 281 | 0 | 0 | 1 | 868 |
| Banff | 0 | 34 | 0 | 0 | 0 | 267 |
| Campbeltown | 0 | 3 | 0 | 0 | 0 | 44 |
| Cupar | 0 | 55 | 0 | 0 | 5 | 459 |
| Dingwall | 2 | 3 | 0 | 0 | 3 | 121 |
| Dornoch | 1 | 0 | 0 | 0 | 0 | 48 |
| Dumbarton | 21 | 60 | 0 | 0 | 21 | 1,194 |
| Dumfries | 17 | 39 | 0 | 0 | 21 | 464 |
| Dundee | 15 | 98 | 0 | 0 | 8 | 1,093 |
| Dunfermline | 8 | 62 | 0 | 0 | 2 | 1,050 |
| Dunoon | 0 | 16 | 0 | 0 | 0 | 185 |
| Duns | 1 | 9 | 0 | 0 | 0 | 78 |
| Edinburgh | 426 | 1,208 | 0 | 0 | 10 | 5,110 |
| Elgin | 9 | 54 | 0 | 0 | 6 | 476 |
| Falkirk | 148 | 90 | 0 | 0 | 25 | 1,671 |
| Forfar | 2 | 6 | 0 | 0 | 0 | 266 |
| Fort William | 0 | 2 | 0 | 0 | 0 | 148 |
| Glasgow | 1,147 | 6,776 | 0 | 0 | 1 | 16,750 |
| Greenock | 22 | 52 | 0 | 0 | 3 | 700 |
| Haddington | 9 | 29 | 0 | 0 | 0 | 221 |
| Hamilton | 128 | 1,184 | 0 | 0 | 7 | 2,624 |
| Inverness | 20 | 136 | 0 | 0 | 39 | 913 |
| Jedburgh | 3 | 5 | 0 | 0 | 0 | 172 |
| Kilmarnock | 17 | 536 | 0 | 0 | 0 | 2,075 |
| Kirkcaldy | 43 | 127 | 0 | 0 | 12 | 1,768 |
| Kirkcudbright | 1 | 7 | 0 | 0 | 0 | 108 |
| Kirkwall | 0 | 5 | 0 | 0 | 0 | 45 |
| Lanark | 8 | 19 | 0 | 0 | 0 | 309 |
| Lerwick | 1 | 11 | 0 | 0 | 0 | 48 |
| Linlithgow | 47 | 352 | 0 | 0 | 14 | 1,490 |
| Lochmaddy | 0 | 1 | 0 | 0 | 0 | 31 |
| Oban | 2 | 17 | 0 | 0 | 0 | 158 |
| Paisley | 106 | 543 | 0 | 0 | 0 | 1,607 |
| Peebles | 3 | 14 | 0 | 0 | 1 | 60 |
| Perth | 5 | 38 | 0 | 0 | 1 | 657 |
| Peterhead | 1 | 6 | 0 | 0 | 0 | 118 |
| Portree | 1 | 1 | 0 | 0 | 1 | 18 |
| Rothesay | 1 | 0 | 0 | 0 | 0 | 52 |
| Selkirk | 12 | 29 | 0 | 2 | 8 | 252 |
| Stirling | 56 | 56 | 0 | 0 | 3 | 698 |
| Stonehaven | 0 | 10 | 0 | 0 | 0 | 74 |
| Stornoway | 0 | 3 | 0 | 0 | 0 | 52 |
| Stranraer | 1 | 16 | 0 | 0 | 4 | 268 |
| Tain | 1 | 7 | 0 | 0 | 2 | 175 |
| Wick | 1 | 8 | 0 | 0 | 0 | 160 |
| Total | 2,531 | 14,563 | 0 | 2 | 207 | 50,743 |
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 13 May 2003
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Current Status:
Answered by Elish Angiolini on 2 June 2003
To ask the Scottish Executive, further to the answer to question S1W-33923 by Mrs Elish Angiolini on 10 March 2003, how many cases have been marked "no proceedings" in 2002-03 because of a non-court disposal, broken down into warnings, conditional offers, fiscal fines and diversions from prosecution
Answer
As indicated in the answer given to question S1W-34894 on 27 March 2003, cases in which there has been a non-court disposal are not marked "no proceedings" and do not form part of any no proceedings data provided by Crown Office. 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.The number of cases in which there were non-court disposals in the categories listed, broken down as requested, for the period 2002-03 are as follows:
| Total Reports Received | Cases Closed as Warnings | Cases Closed as Conditional Offers | Cases Closed as Fiscal Fines | Cases Closed as Diversions from Prosecution |
| 306,148 | 15, 923 | 5,932 | 23, 631 | 1,116 |
| As % of Total Reports | 5% | 2% | 8% | 0.3% |
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 19 May 2003
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Current Status:
Answered by Patricia Ferguson on 2 June 2003
To ask the Scottish Executive whether it will lodge a Sewel motion in respect of the Disabled People (Duties of Public Authorities) Bill seeking the consent of the Scottish Parliament for the United Kingdom Parliament to (a) legislate in a devolved area and (b) transfer powers to the Executive in respect of this matter, before the conclusion of the bill's Second Reading in the House of Commons.
Answer
The Executive is considering the Disabled People (Duties of Public Authorities) Bill and will advise of any Sewel motion that it intends to lodge if and when it concludes, following discussion with the UK Government, that provisions in the bill which relate to devolved matters should be recommended for extension to Scotland.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 13 May 2003
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Current Status:
Answered by Colin Boyd on 2 June 2003
To ask the Scottish Executive, further to the answer to question S1W-29801 by Colin Boyd QC on 7 October 2002, whether it will give a breakdown of the non-court costs for the Crown Office in 2002-03.
Answer
As the answer given to question S1W-29801 explained, the Crown Office and Procurator Fiscal Service records the nature of case costs, but does not attribute this to individual cases. Staff time spent on individual cases is not recorded but costing calculations are based on standard weightings derived from past analysis of staff time spent on the full range of different cases handled by the department.This produces a broad indication of relative costs rather than precise measures. Final figures for the year 2002-03 are not yet available but non-court costs are estimated to be as follows:
| Non-Court Costs | £000 |
| No Proceedings | 2,046 |
| No Further Proceedings | 5,021 |
| Warnings | 610 |
| Conditional Offer | 351 |
| Fiscal Fine | 1,556 |
| Diversion | 119 |
| Reporter | 70 |
| Transfer | 26 |
| Associate | 291 |
| Total | 10,090 |
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 13 May 2003
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Current Status:
Answered by Elish Angiolini on 2 June 2003
To ask the Scottish Executive, further to the answer to question S1W-34889 by Mrs Elish Angiolini on 31 March 2003, under what circumstances a drink-driving offence would be recorded as such by police but not reported to the procurator fiscal.
Answer
The police should report all such offences where they consider there is corroborated evidence of the crime having been committed and of the identity of the driver.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 19 May 2003
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Current Status:
Answered by Peter Peacock on 27 May 2003
To ask the Scottish Executive what action is being taken to improve the diet of schoolchildren.
Answer
The Scottish Executive published Hungry for Success, the report from the Expert Panel on School Meals in February 2003. The Executive and local authorities are taking action across the range of recommendations.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 17 March 2003
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Current Status:
Answered by Elish Angiolini on 31 March 2003
To ask the Scottish Executive what the reason is for the fall since 1997 in the number of prosecutions of incidents of drink driving when compared with the number of recorded offences.
Answer
The policy of the Crown Office and Procurator Fiscal Service is to prosecute all such cases where there is sufficient evidence and it is in the public interest to do so. This policy has not changed since 1997.Information from the Crown Office information system shows that in the year April 2001 to March 2002, out of a total of 9,130 cases of drunk driving that were reported to the procurator fiscal, 97.5% were prosecuted. A decision not to prosecute was only taken in 1.4% of reported cases. Due to upgrading work being done to the computer system within the Glasgow office, these statistics do not include data in relation to the Glasgow area. However, I am satisfied that these figures clearly demonstrate that the Crown Office and Procurator Fiscal Service deals with drink driving cases robustly.These figures are a better indication of the number of prosecutions of drink driving cases than statistics of court proceedings, which are not directly comparable with recorded crime statistics.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 03 March 2003
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Current Status:
Answered by Jim Wallace on 31 March 2003
To ask the Scottish Executive, further to the answer to question S1W-33537 by Mr Jim Wallace on 27 February 2003, why it is unable to provide a record of convictions in relation to offences of violence at HM Prison Kilmarnock.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:There is no requirement for the police or courts to advise the prison on progress or outcomes.