Seòmar agus comataidhean

Existing criminal law operates so that when a court is setting a punishment part of a life sentence, the court can decide to set a punishment part that extends beyond the rest of an offender's life. The Scottish Government supports courts having these powers for courts to decide how to use in the most serious cases.

The Scottish Government is not aware that the text of a draft proposed Whole Life Custody (Scotland) Bill has been made available, but would consider carefully the detailed text of a proposed Bill as and when it is available to understand if it would improve the current extensive powers courts have in dealing with the most serious offenders.

The extension of the presumption against short sentence is part of an evidence-based approach to rehabilitation, both in communities and custody. A firm focus on prevention and effective community interventions has helped see Scotland’s reconviction rate fallen to its lowest level since comparable records began.

Short sentences disrupt many of the things we know are most likely to help reduce reoffending such as housing, employment, family relationships and access to health care and support. Evidence shows that individuals released from a custodial sentence of 12 months or less are reconvicted nearly twice as often as those given a Community Payback Order.

There are no current plans to change the presumption against short sentences of 12 months or less.

The Community Orders (Coronavirus) (Scotland) Regulations 2021 came into force at 5pm on 15 March 2021 and reduced unpaid work or other activity requirements imposed in community payback orders (CPOs) by 35% for all existing orders, except those imposed for domestic abuse, sexual offences, or stalking.

As noted in the policy note to support scrutiny of the regulations, it is estimated that the total number of outstanding unpaid work hours will be reduced by around 290,000. However, there is some uncertainty around this estimate and statistical data returns will ensure that impact is captured as accurately as possible.

The system of automatic early release was introduced by the then UK Government in the mid 1990s. Provisions in the Prisoners (Control of Release) (Scotland) Act 2015 ended that system of automatic early release for serious offenders.

Where an outbreak is identified the Local Health Board may form an Incident Management Team (IMT) to work with the prison and relevant stakeholders to identify the most appropriate courses of action to manage and reduce transmission. This may include a decision to carry out asymptomatic testing of Scottish Prison Service staff. The NHS led IMTs are best place to agree the most appropriate approach to testing in that instance.

The Scottish Government does not hold information on the qualifying criteria or the numbers of tests that were offered to staff.

Every organisations that applied to the first round of the Victim Surcharge Fund has received an allocation as follows:

o Victim Support Scotland - £120,000

o The Moira Fund - £12,000

o People Experiencing Trauma and Loss (PETAL) - £10,000

o Families and Friends Affected by Murder and Suicide (FAMS) - £10,000

o Manda Centre - £5,000

The Fund will re-open for applications on a regular basis.

The Scottish Government is committed to encouraging and providing support to community and individual green projects. Advice and funding support is available to community groups and organisations looking to explore their renewable energy options through the Community and Renewable Energy Scheme (CARES) delivered by Local Energy Scotland on our behalf. Since its inception CARES has supported over 600 renewable energy project across Scotland, making over £51 million in funding support available.

The Low Carbon Infrastructure Transition Programme(LCITP) has supported a number of projects to develop investment grade business cases and provide capital support for a range of low carbon demonstrator projects under an open call process. The LCITP launches funding calls periodically, these are dependent on budget demand and budget availability.

Through the publication of the Scottish Hydrogen Policy Statement in December, the Scottish Government committed to develop a focused programme of research, innovation and demonstration of technologies and systems along the entire hydrogen value chain to assist the development of the hydrogen and fuel cell sector in Scotland. To complement this and the rest of commitments made in the policy statement, £100 million funding, under the £180 million Emerging Energy Technologies Fund, will be dedicated over the next five years to help accelerate the development of the hydrogen economy in Scotland. The Hydrogen Action Plan which will be delivered this year will provide further detail on the planned approach and necessary actions to implement the policy positions outlined in the Policy Statement.

Additionally, this year we will be launching a new support framework for energy technology innovation which will include a strong focus on hydrogen.

The information is not currently available. Arrangements for managed isolation are procured and managed at a UK Government level for reasons of efficiency. The UK Government is therefore the responsible body for this data and does not currently publish it in a way that answers the question posed. In the absence of any UK publication, Public Health Scotland is considering what it might be able to publish in the coming weeks based on available data. This will be incorporated in the Public Health Scotland weekly COVID report, and will be pre-announced in due course.

Violence against women and girls is one of the most devastating and fundamental violations of human rights, and it is vital that perpetrators are held to account. In light of this, we have strengthened the criminal law on sexual offences, increased support to victims organisations and encouraged more victims to report their experiences.

In Scotland, to claim any victim ‘consented’ to the act resulting in their injury or death is not a defence in itself to crimes of assault to injury, culpable homicide or murder. It is understood that while there have been cases where the accused has argued that the victim consented to the acts resulting in their death, these resulted in conviction for murder or culpable homicide.

Nonetheless, I recognise that there is still a perception in some quarters that the ‘rough sex’ defence exists in Scotland and we continue to keep the law under review.

The Scottish Government will undertake a full rewrite of the Parole Board (Scotland) Rules 2001 this year in order to simplify and modernise them. As part of that work we intend to add a specific provision to the rules which will provide for 'failure to disclose a victim's body' as a matter, amongst others, that the Parole Board may take into account when making a decision to release. The decision on whether a person is ready to be released, taking into account all the relevant information and factors in the case, is a matter for the independent Parole Board for Scotland. The Parole Board will not release anyone it considers still poses a risk to the public.