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The Scottish Government does not hold the data requested.

The Crown Office and Procurator Fiscal Service is responsible for issuing Victim Notification Scheme packs. They have advised that the number of packs issued over the last 3 years is:

2018-19 1,880

2019-20 1,788

2020-21 1,158

Eligible victims can register for the scheme at any time. The Scottish Prison Service have advised that the numbers of victims who have opted to register for the scheme in the last 3 years, are as follows:

2018-19 443

2019-20 472

2020-21 306

We welcome the publication of Audit Scotland’s report on community justice, and its intention to carry out further work in this vital area in 2022.

While sentencing decisions in individual cases are a matter for the independent courts, we are committed to encouraging more widespread use of community-based interventions where appropriate. These are often more effective at reducing re-offending, as Audit Scotland sets out, and for keeping our communities safe.

In addition to continued investment in community justice services, which will total more than £117m this year, Parliament agreed in 2019 to extend the presumption against short custodial sentences from 3 to 12 months. Although it is too early to determine the impact of the extension, the use of such sentences has fallen significantly in recent years, with those receiving a sentence of 12 months or less reducing by 13% in the most recent data between 2018-19 and 2019-20, whereas the number of convictions reduced by 4%.

Our firm focus on prevention and effective community interventions has helped see Scotland’s reconviction rate fall to its lowest level since comparable records began more than 20 years ago. We intend to continue building on progress to date, including through a review of the National Strategy for Community Justice, expanding availability of alternatives to custody, and exploring legislative opportunities for a sustainable reduction in the prison population.

We will consider the issues identified by Audit Scotland in its report, including as part of the review and expected refresh of the Community Justice strategy, which we anticipate will be published in 2022 alongside an update Outcomes, Performance and Improvement Framework.

As a response to the COVID-19 pandemic, temporary restrictions have been introduced within the Scottish Prison Service, where necessary, in line with Scottish Government guidelines and public health advice. This included the temporary suspension of Home Leave between March 2020 and May 2021.

There has been one change in the Prison Rules, in relation to Temporary Release, since 5 December 2019. The Prisoners and Young Offenders Institutions (Scotland) Amendment Rules 2020, which came into force on 7 April 2020, provided Scottish Ministers with the ability to extend the period a prisoner is on home leave for up to 14 days from the normal 7 days. It is anticipated that it could be used where prisoners advise that they or someone in their home has developed symptoms of the Coronavirus and in compliance with government advice they are required to self-isolate.

There have been some minor changes to the Directions made under the Rule 138 (Direction with respect to Temporary Release) since 5 December 2019.

When an unpaid work or other activity requirement is imposed by the court as part of a Community Payback Order, the management and delivery of that requirement – including determining what work is to be carried out - is the responsibility of the relevant local authority. There are a number of factors for local authority social work staff and unpaid work managers to consider when arranging unpaid work. Planning and assessment is informed by national Community Payback Order Practice Guidance and, while there is no prescribed list of activities, the guidance makes clear that activities should be appropriate to unpaid work taking account of a number of considerations.

Unpaid work schemes should make placements available across a wide range of work settings and types of activity and have regard to the circumstances and circumstances of the individual (such as employment, education, caring responsibilities, health, equality and diversity issues). For example, work which does not involve significant physical exertion may be the only appropriate option for some individuals (including for health-related reasons).

Unpaid work has a strong focus on reparation and providing opportunities to make amends and prevent reoffending though strengthening relationships with the community, and through developing useful skills. Justice social work staff and unpaid work managers in local areas are best placed to determine what unpaid work is suitable, taking into account each individual’s particular circumstances, to help ensure that individuals complete their unpaid work hours in a way which benefits the community.

The Welfare and Wellbeing of Police Officers, and the allocation of resources, is a matter for the Chief Constable of Police Scotland and the Scottish Police Authority.

Officers and staff can access a range of services to care for their physical and mental health through Police Scotland's “Your Wellbeing Matters” programme. This includes the introduction of Wellbeing Champions, and has resulted in raised awareness of the services available such as occupational health and employee assistance, which offer counselling, and specific interactions through the Trauma Risk Management programme (TRiM). We continue to support policing in Scotland and despite constraints on Scotland’s public services, through a decade of UK austerity, policing services have been maintained and improved and we will protect the police resource budget in real terms for the entirety of this Parliamentary term, as we did for the last. We have invested over £10 billion in policing since the creation of Police Scotland in 2013 and have increased the policing budget by £75.5 million in 2021-22.

We have made a commitment to increase the direct investment into mental health services by at least 25% and ensure that, by the end of the parliament, 10% of our frontline NHS budget will be invested in mental health services.

We have also set our plan to prevent, mitigate and respond to the mental health impacts of the Covid-19 pandemic through our ‘Mental Health Transition and Recovery Plan’, published in October 2020, which sets out our response to the mental health effects of the Covid-19 pandemic, containing over 100 actions. The Plan is supported by a £120 million Recovery and Renewal fund, announced in February 2021. The Fund will transform services, with a renewed focus on prevention and early intervention. We expect total spend, including by NHS Scotland, on mental health in 2021-22, to be in excess of £1.2 billion.

The offences related to 'Finn’s law' would be reported under Section 19 (1) of the Animal Health and Welfare (Scotland) Act 2006.

No such charges relating to attacks on service animals have been reported to the Crown Office and Procurator Fiscal Service since the introduction of the Act, which received Royal Assent on 21st July 2020. Therefore there have been no convictions to date.

The Scottish Government does not hold this data. However, information is published annually in the Standards of Service for Victims and Witnesses Annual Report. For the past three years where information is available the number of in-person representations that were made is as follows:

2020-2021* 16

2019-2020* 27

2018-2019 18

*Due to Covid restrictions some meetings have been held remotely.

The forensic analysis of digital items and the management of any backlog are matters for the Chief Constable and Police Scotland.

Police Scotland are committed to providing the best possible service to the victims of crime and witnesses and will only examine a digital device where there is a legal basis and where it is necessary, justified and proportionate to the incident or crime under investigation. The number of digital items in Police Scotland’s possession currently awaiting forensic analysis demonstrates the importance of examination of digital devices for modern criminal investigations. Police Scotland recognises the demand in this complex area and consideration is being given to investment in additional staffing, technology and partnerships in order to enhance their existing capabilities in this area.

Police Scotland’s recently published Cyber Strategy and ongoing strategic Cyber Capabilities Project is evidence of their prioritisation of cyber related demand.

Police Scotland are using their internal management information, detailing how many Cyber Kiosk examinations have been progressed in the previous month, to assist in identifying areas for improvement and to enable them to move forward in this complex area.

The information requested is not held centrally and is a matter for the Parole Board for Scotland.

The most recent reconviction rates show that 29% of people with a Community Payback Order (CPO) imposed in 2017-18 were reconvicted within a year, which is the lowest rate since they were introduced. These statistics are not typically broken down in regard to different requirements within CPOs such as unpaid work or supervision. However, Justice Analytical Services published ‘Community Payback Orders: What the Unit Level Data Tells Us So Far’ in February 2020 which found that the reconviction rate for those given unpaid work between 2012-13 and 2014-15 was 33% where this was accompanied by justice social work supervision, and 27% where it was not. These figures compare with 41% for those given orders with no unpaid work. While no conclusions can be drawn about the impact of unpaid work on offending behaviour, this may suggest that individuals who do not have unpaid work imposed are likely to have more complex and entrenched issues to address and may have greater likelihood of reoffending.

Overall, CPOs are an important aspect of a sustained focus on prevention and effective community interventions which has helped see Scotland’s reconviction rate fall to its lowest level since comparable records began more than 20 years ago.

CPOs offer opportunities for rehabilitation by requiring individuals to tackle the underlying causes of their offending behaviour. They also deliver real benefits to communities, and while capacity to deliver unpaid work has been significantly impacted by the coronavirus pandemic, around 9 million hours of unpaid work have been carried out since CPOs were introduced.