Seòmar agus comataidhean

I refer the member to the answer to question S6W-41059 on 4 November 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

I refer the member to the answer to question S6W-41059 on 4 November 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

In Scotland, theft is defined as the taking or appropriating property from another person without their consent and with the intent to deprive them of it. This definition encompasses various forms of theft, including shoplifting, housebreaking and malicious mischief. The legal framework for theft in Scotland is based on common law, which is developed through court rulings and precedents.

Common law theft is not defined in legislation but is established through the principles of earlier court decisions. The Crown Office and Procurator Fiscal Service (COPFS) is responsible for the public prosecution of criminal offences in Scotland, including theft.

The Scottish Government recognises the concerns expressed by the Scottish Retail Consortium regarding the impact of retail crime and the terminology used to describe it. While “shoplifting” is commonly used, both terms – “shop theft” and “shoplifting” – refer to the same underlying common law offence of theft.

The Scottish Government’s commitment to tackling shoplifting and retail crime in general was reaffirmed in our Programme for Government, which makes clear our strong support for Police Scotland’s robust approach in addressing this issue.

We continue to invest record levels of funding in policing, with £1.64 billion provided in 2024-25, including £3 million specifically to tackle retail crime. Police Scotland has also published a dedicated action plan to deliver a visible and measurable impact in this area.

It is important to live in a society where human rights are sacrosanct. Hate crime is the term used to describe behaviour which is both criminal and rooted in prejudice, or which is intended to stir up hatred. The Hate Crime and Public Order (Scotland) Act 2021 provides greater protection for victims and supports people to feel safe. Its commencement was welcomed by the UN Human Rights Committee, in their 8th review of UK performance under the International Covenant on Civil and Political Rights.

The Hate Crime Act includes rigorous safeguards on free speech, and protection for freedom of expression is embedded in the Act. It does not criminalise anyone who wishes to debate, discuss or criticise any matters in a non-threatening or abusive manner, and is compatible with the European Convention on Human Rights, including Article 10 which protects everyone’s right to freedom of expression.

Information about activity undertaken to support and develop restorative justice (RJ) services can be found in quarterly and annual reports published by Community Justice Scotland.

Examples of the outcomes and actions achieved to date include:

Outcome 1 - Restorative Justice is available across Scotland

• Baseline survey carried out in 2018 to establish current provision of services
• Hub and Spoke model developed (2020)
• Training and model tested for delivery of RJ in sensitive cases (2021-2023)
• Options Appraisal produced by Community Justice Scotland (CJS) (learning from testing of Hub and Spoke model) (2024)
• RJ test cases identified, funded and, where feasible, taken forward, with report on findings due to be published soon (ongoing)
• Engagement activity undertaken with individual local authorities, victim support organisations and other services such as Scottish Prison Service (2024-25)
• Children and Young People’s Centre for Justice survey carried out and shared with stakeholders - Capturing the Organisation and Delivery of Restorative Justice across Scotland, designed toidentify strengths and gaps in RJ service provision for under 18s and identify test cases (2025)
• Policy and Practice Framework developed with partners and stakeholders to build on existing published guidance and provide more detailed information for facilitators (Ongoing – due to be published 2025)
• RJ Stakeholder Group established (2020); membership and remit refreshed (2024); last met in June 2025.
• RJ development forum established in 2025 bringing local leaders together to learn from others and develop RJ in their own area

Outcome 2 - High quality restorative justice services are delivered by trained facilitators

• National RJ Training Needs Analysis commissioned and completed (2022)
• Research into risk mitigation measures commissioned and completed (2022)
• Training material developed and tested for facilitating sensitive cases (2023)
• Training module produced by CJS (2024)

Outcome 3 – There is strong public awareness and understanding of Restorative Justice in Scotland

• Ipsos Mori telephone survey carried out (2020)
• RJ animation developed and produced (2020)
• Free to use Flickr photo album created showing RJ practices (updated 2024)
• Communications brief developed and agreed with RJ Stakeholder Group (2021)
• Work in schools including:
• “The views of school pupils on the use of Restorative Justice in Scotland” (2022) where school children were asked about their awareness, understanding, and attitudes toward restorative justice
• “Key Messages from Children and Young People about Restorative Justice,” (2023) groups from Drumchapel High School and youth groups contributed their views on how RJ should be carried out.
• Mapping of existing practices with under-18s across Scotland (2025) to identify strengths and gaps
• Two workshops at George Watson’s College in Edinburgh (2023 and due 2025) delivered as part of a Crime and Justice Conference for Advanced Higher Modern Studies students from schools across Edinburgh and the Lothians.
• Funding provided to SACRO for development of RJ Forum website (2021)
• Restorative Voices – Seen and Heard exhibition developed and delivered as part of Scottish Mental Health Festival (2024)
• RJ Stakeholder Group chaired by Scottish Government meets three times a year

We continue to fund and work in partnership with teams in Community Justice Scotland and the Children and Young People’s Centre for Justice to develop and promote restorative justice (RJ) services across Scotland.

We also seek input on a regular basis from a wide range of organisations through the Restorative Justice Stakeholder Group – which meets three times a year - to identify priorities and actions.

Activity has included:

• Carrying out a National Training Needs Analysis
• Production of an online training module by Community Justice Scotland
• Initial model for delivery proposed and tested
• Options Appraisal carried out by Community Justice Scotland, building on learning from the testing of the proposed model (involving consultation with stakeholders)
• Policy and Practice Framework developed to support RJ facilitators
• Creation of a RJ protocol with the Scottish Prison Service to use restorative practices in prison establishments where appropriate to do so
• Outreach work in local authority areas to raise awareness of RJ and supporting partners to develop local RJ services
• Building networks with national and international RJ academics and practitioners to develop good practice in Scotland
• Conducting research to help develop a model for Scotland
• Feasibility study to develop an online directory of RJ services

Additionally, over the last 18 months, support has been provided to identify and run test cases. The report setting out the learning from these will help inform next steps and priorities.

Information about Scottish Government engagement with relevant stakeholders on activity undertaken to support and develop restorative justice services - can be found in quarterly and annual reports published by Community Justice Scotland.

I would also refer the member to the answers given to S6W-40887 and S6W-40888 on 17 October 2025.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.

The COVID-19 pandemic had an impact on achieving the actions and outcomes set out in the 2019 Restorative Justice Action Plan. Many of the people involved – including stakeholders, support organisations (e.g. Victim Support Scotland, Scottish Women’s Aid, etc), partners within local government, and officials had to pivot and focus on emerging and critical issues. The same people were also involved in supporting the justice system to recover once restrictions started to relax.

However, with the hard work and support of stakeholders and partners involved, progress was made on developing and testing restorative justice services, despite the restrictions and challenges. Details on this are provided in the answer to S6W-40887 on 17 October 2025.

More information is available in the quarterly and annual report published by Community Justice Scotland and the Children and Young People’s Centre for Justice.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers.