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Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S5W-16426

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 21 May 2018

To ask the Scottish Government many times cyber kiosks have been used by Police Scotland in each month since their introduction.

Question reference: S5W-16427

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 21 May 2018

To ask the Scottish Government what (a) legislation and (b) rules apply to Police Scotland's use of cyber kiosks, and what guidance is given to officers and staff using them.

The deployment of cyber kiosks is a matter for Police Scotland. Police Scotland work to a series of standard operating procedures including those supporting Data Protection. Prior to the intended deployment of cyber kiosks and in adherence to the Data Protection Act and General Data Protection Regulation 2018, Police Scotland is completing an Equality and Human Rights Assessment and Data Protection Impact Assessment which will inform the final policy, practice and procedure to support operational deployment.

Question reference: S5W-16430

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 21 May 2018

To ask the Scottish Government what additional training is provided to Police Scotland officers who are approved to use cyber kiosks.

Question reference: S5W-16433

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 17 May 2018

To ask the Scottish Government what oversight there is of the use of cyber kiosks by Police Scotland.

Under the Police and Fire Reform (Scotland) Act 2012, the Scottish Police Authority (SPA) holds Police Scotland to account. To aid their efforts, the SPA Board is currently considering a proposal to establish a designated SPA Committee to oversee police reform and transformation, including matters of significant public interest. Where issues arise that concern the wider policy and legislative framework that Ministers are responsible for, then the Scottish Government would give due consideration to those.

Question reference: S5W-16436

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 17 May 2018

To ask the Scottish Government on what date ministers were made aware of Police Scotland's (a) interest and (b) investment in cyber kiosks.

Question reference: S5W-16437

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 17 May 2018

To ask the Scottish Government whether it has provided funding to Police Scotland specifically for investing in cyber kiosks.

Question reference: S5W-16438

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 17 May 2018

To ask the Scottish Government what discussions it has had with (a) Police Scotland and (b) the SPA regarding cyber kiosks.

Question reference: S5W-16434

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Friday, 04 May 2018
Current Status: Answered by Michael Matheson on 17 May 2018

To ask the Scottish Government which statutory powers permit the police to seize a phone and examine it for evidence, and whether witnesses can be compelled to hand over their phones for this purpose.

The police have a range of powers that allow them to seize a device and examine it for evidence, both within legislation and under common law. The powers used will depend upon the circumstances of the individual case. For example, if a person is searched under section 23 of the Misuse of Drugs Act 1971 then section 23(2)(c) would allow an officer to seize and detain a mobile phone found during the course of that search if it appeared to be potential evidence of an offence under the Act. Under common law, when the police lawfully seize an item in this way that carries with it the right to interrogate that item for evidence as required.

The police do not have the power to compel a witness to provide their phone to be examined for evidence. If the police suspected that a witness had relevant evidence on their phone, and the person did not choose to provide their phone voluntarily, the police would need to obtain a warrant from the Crown Office and Procurator Fiscal Service.

Question reference: S5O-02109

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Wednesday, 09 May 2018
Current Status: Taken in the Chamber on 17 May 2018

To ask the Scottish Government when the Minister for Transport and the Islands last met Orkney Islands Council, and what issues were discussed.

Question reference: S5W-15871

Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
Date lodged: Thursday, 12 April 2018
Current Status: Answered by Michael Matheson on 8 May 2018

To ask the Scottish Government how many people convicted of possession, without intent to supply, of (a) heroin, (b) cocaine, (c) cannabis, (d) amphetamines, (e) ecstasy and (f) other drugs in each year since 2011-12 received (i) a custodial sentence, (ii) a community payback order, including a requirement to carry out a drug treatment programme, (iii) a drug treatment and testing order, (iv) a fine and (v) any other disposal.

The available information is provided in the following table, which has been produced from the Scottish Government’s criminal proceedings database .

People convicted for possession of drugs 1 , by drug type and main penalty, 2011-12 to 2016-17

		2011-12	2012-13	2013-14	2014-15	2015-16	2016-17
Total convictions		4,609	4,157	4,585	4,971	5,094	4,394
Heroin	Total	1,135	939	850	988	1,143	1,147
	Custody 2	99	77	86	86	119	126
	Community payback order	56	95	103	149	139	175
	DTTO	39	23	37	28	31	19
	Fine	582	468	406	483	536	528
	Other 3	359	276	218	242	318	299
Cocaine	Total	1,005	1,030	1,116	1,241	1,178	888
	Custody 2	12	13	14	21	20	27
	Community payback order	50	72	94	97	105	95
	DTTO	1	-	-	5	1	3
	Fine	840	844	914	1,008	935	643
	Other 3	102	101	94	110	117	120
Cannabis	Total	1,129	993	1,449	1,515	1,618	1,483
	Custody 2	25	37	38	30	37	37
	Community payback order	59	79	116	137	127	147
	DTTO	5	2	4	6	1	2
	Fine	794	640	953	934	971	843
	Other 3	246	235	338	408	482	454
Amphetamines	Total	111	73	75	83	80	63
	Custody 2	8	3	1	1	4	3
	Community payback order	5	8	9	15	10	7
	DTTO	1	3	-	2	1	1
	Fine	74	39	54	55	49	37
	Other 3	23	20	11	10	16	15
Ecstasy	Total	157	157	204	213	231	179
	Custody 2	1	-	2	-	1	2
	Community payback order	5	7	6	10	12	12
	DTTO	-	1	-	-	-	-
	Fine	135	133	156	185	181	126
	Other 3	16	16	40	18	37	39
Other	Total	1,072	965	891	931	844	634
	Custody 2	79	58	49	46	51	34
	Community payback order	67	102	96	107	91	83
	DTTO	17	17	10	7	7	6
	Fine	622	533	502	515	448	318
	Other 3	287	255	234	256	247	193

1. Where main charge.

2. Includes prison, YOI, supervised release order, extended sentence, order for
‎ life-long restriction.

3. Includes restriction of liberty order, community service order, probation and other community sentences, supervised attendance order, admonition, court cautions, dog dipsosals, absolute discharge, no order made, remit to children's hearing, insanity, hospital, guardianship order.

The criminal proceedings database does not include information on whether community payback orders include a drug treatment requirement. However, a data linkage exercise with criminal justice social work statistics indicated that, between 2013-14 and 2016-17, around 3% of community payback orders for those convicted of possession of drugs included such a requirement. In addition, local authorities have reported that issues such as addiction are often treated under the supervision requirement of a CPO.