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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-25477

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 25 September 2019
Current Status: Answered by Humza Yousaf on 9 October 2019

To ask the Scottish Government, further to the answer to question S5W-25103 by Humza Yousaf on 19 September 2019, whether the calculation that £9.5 million a year more has been invested in Criminal Justice Social Work since 2015-16 is based on cash or real terms.

Question reference: S5W-25476

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 25 September 2019
Current Status: Answered by James Wolffe QC on 8 October 2019

To ask the Scottish Government, further to the answer to question S5W-24721 by Humza Yousaf on 6 September 2019, whether the Lord Advocate in his role as head of the Crown Office and Procurator Fiscal Service will rule out implementing restorative justice as an alternative to prosecution, allowing it to run only in parallel with existing criminal justice processes.

The decision to divert a case from prosecution is properly a matter professional prosecutors within the Crown Office and Procurator Fiscal Service (COPFS). Diversion from prosecution is a process by which a prosecutor may refer a case to social work or other relevant agencies as a means of addressing the underlying causes of alleged offending when this is deemed the most appropriate course of action by the prosecutor, applying the Scottish Prosecution Code.

Diversion from prosecution will be considered in any case where the individual reported to COPFS has an identifiable need and where it is assessed that diversion from prosecution is in the public interest. There must be a sufficiency of evidence before COPFS can refer an individual for diversion from prosecution. The relevant agency may in appropriate cases devise a diversion programme for an individual which includes a restorative justice element.

Restorative justice has been a feature of diversion in Scotland for a number of years. Restorative justice projects are recognised by COPFS as one of the suite of diversion options. Restorative justice projects can offer a valuable mechanism to provide victims of crime with meaningful participation in the criminal justice system and closure and it can be welcomed by both victims and perpetrators, in appropriate cases.

COPFS are currently engaged with the Scottish Government in the development of the ‘Restorative Justice Action Plan’. The Action Plan makes it clear, in line with the Scottish Government Guidance for the delivery of restorative justice that, “ risk assessments must be carried out throughout the RJ process and will take full cognisance of the role of the Crown Office and Procurator Fiscal Service (COPFS) as the independent public prosecution service for Scotland. In that respect, RJ will not impinge on any ongoing criminal proceedings. Decisions relating to the prosecution or diversion of a case from prosecution are matters solely for COPFS”.

Question reference: S5W-25469

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 24 September 2019
Current Status: Answered by Michael Matheson on 1 October 2019

To ask the Scottish Government, further to the answer to question S5W-25045 by Michael Matheson on 23 September 2019, by what date it will bring forward the relevant statutory procedures for the improvement scheme.

Question reference: S5W-25267

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 11 September 2019
Current Status: Answered by Humza Yousaf on 27 September 2019

To ask the Scottish Government for what reason the Scottish Prison Service has not published its annual report and accounts for 2018-19, and by what date it will do so.

Question reference: S5W-24835

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 28 August 2019
Current Status: Answered by Humza Yousaf on 26 September 2019

To ask the Scottish Government what its response is to comments by Sheriff Peter Paterson who claims that its official guidance against short-term sentences limited his options and ruled out a jail term for the gamekeeper, Alan Wilson.

Sentencing in every case is a matter for the independent court, which has a wide range of sentencing options to impose, depending on the particular facts and circumstances presented.

The presumption against short sentences of 12 months or less is exactly that - a presumption. It is not a ban and sheriffs and judges retain the discretion to pass the most appropriate sentence, including a custodial sentence of under 12 months, if no other method of dealing with the person is considered appropriate.

The provisions in the Presumption Against Short Periods of Imprisonment (Scotland) Order 2019 apply to offences committed on or after 4 July 2019.

Question reference: S5O-03601

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 25 September 2019
Current Status: Taken in the Chamber on 2 October 2019

To ask the Scottish Government what criteria it is using to determine where the £160 million of convergence funding is allocated.

Question reference: S5W-24914

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 26 August 2019
Current Status: Answered by Humza Yousaf on 25 September 2019

To ask the Scottish Government by what date it will hold a consultation on widening the range of serious crimes where the victim can make a statement to the court about how the crime has affected them physically, emotionally and financially.

The consultation on extending the scope of the current victim statement scheme launched on 1 September 2019 and will be open until
‎ 24 November 2019.

The consultation is seeking views on extending the scheme to include victims of serious crimes such as stalking, domestic abuse and religious hate crimes. It also seeks views on piloting different ways for a statement to be made, for example pre-recording.

Question reference: S5W-24918

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 26 August 2019
Current Status: Answered by Humza Yousaf on 25 September 2019

To ask the Scottish Government what additional funding for supervised and supported bail it has provided since September 2018.

From April 2019-20, Scottish Government has made available an additional £550,000 per annum (£1.65m over 3 years) of funding to bolster existing provision for supervised and supported bail as an alternative to the use of remand.

This funding is intended to double capacity for bail supervision services, but take up of this funding with be subject to the use of this alternative to remand by the judiciary.

Local authorities also have flexibility to use the ring-fenced funding for Justice Social Work of just over £100 million, which is protected in the 2019-20 budget, for bail supervision. This includes investment of £1.5 million annually since 2015-16 specifically for the development of bail services and early intervention schemes for women.

Revised guidance on Bail Supervision was also published 8 January 2019, as part of our 2018 Programme for Government commitment and supports recommendations of the Justice Committee Inquiry on the Use of Remand in Scotland.

Question reference: S5W-24981

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 28 August 2019
Current Status: Answered by Graeme Dey on 25 September 2019

To ask the Scottish Government how many visits to (a) Dundee and (b) Aberdeen on ministerial business have been made by the First Minister since 6 May 2016.

Question reference: S5W-24919

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 26 August 2019
Current Status: Answered by Humza Yousaf on 25 September 2019

To ask the Scottish Government what it has done to develop digital evidence sharing since September 2018.

The Scottish Government continues to work in close partnership with Police Scotland, Crown Office and Procurator Fiscal Service, Scottish Courts and Tribunals Service and the defence community to design a digital evidence sharing service that meets user need and the technical and business requirements of the criminal justice system. The service will enable earlier consideration and disclosure of evidence to support earlier case resolution, aimed at protecting victims and witnesses from a lengthy and potentially re-traumatising experience of the justice system.

Throughout 2018-2019, we have engaged with justice partners, the market and legal and procurement specialists to develop the requirements, understand the business transformation required to gain maximum benefit from the new technology, and identify the appropriate procurement approach. To ensure readiness for commencing procurement, the programme is currently undergoing assessment conducted by the Digital Assurance Office.