Chamber and committees

Currently, 19 local authority areas deliver the Caledonian System on a court mandated basis, which accounts for approximately 75% of the population. This is funded by the Scottish Government, and access is expected to continue throughout this parliamentary session.

The Programme for Government 2021-22 committed to expanding the availability of the Caledonian System, with the aim of making it available to all Scottish local authorities by the end of the parliamentary term.

Consideration must be given to the impacts of the COVID-19 pandemic on the operation of the Caledonian System, our ability to assess and evaluate during this period, and what lessons might be learned to further enhance the programme.

In ‘A Fairer, Greener Scotland: Programme for Government 2021-22’, the Scottish Government committed to begin work on establishing a register of interests for the judiciary to increase public confidence and improve transparency.

To date, preparatory work on developing proposals for a judicial register of interests has been undertaken and my officials are currently developing options and next steps with the intention of engaging with stakeholders towards the end of 2022.

Since May 2021 the Cabinet Secretary for Justice and Veterans has taken a number of meetings and attended events at which victims/survivors have been present. As people will not always disclose or wish to mention the nature of their experiences, or want these recorded, it is not possible to provide a definitive answer. However, at least 14 meetings and events over the period where victims/survivors have been present have been identified.

The Scottish Government is consulting on potential legislative reforms to strengthen victims’ rights and improve their experiences of the justice system in the ‘ Improving victims’ experiences of the justice system ’ consultation. This includes proposals for the establishment of a Victims’ Commissioner for Scotland. The consultation is currently live and will close on 19 August 2022.

The recruitment and deployment of Police Officers is a matter for the Chief Constable, who along with the Scottish Police Authority, will continue to ensure the capability and capacity of Police Scotland to improve the safety and wellbeing of people, places and communities in Scotland.

We currently have 31 officers per 10,000 population in Scotland compared to around 24 in England and Wales and despite constraints on Scotland’s public services through a decade of UK austerity, policing services have been maintained and improved.

On 2 August the HMICS published its Assurance Review of Police Scotland’s Strategic Workforce Plan and I look forward to discussing the recommendations with both Police Scotland and the Scottish Police Authority.

Section 7 of the Bail and Release from Custody (Scotland) Bill, introduces a new temporary release licence for certain eligible long-term prisoners. Release on this licence would be subject to risk assessment and consultation with the Parole Board.

This licence would be available to Scottish Ministers (in practice, the Scottish Prison Service) in advance of the Parole Board’s consideration of whether to recommend release at Parole Qualifying Date (PQD), or in advance of a subsequent review by the Parole Board if the individual was not released at PQD.

Time spent on this licence will be subject to conditions including curfew (which can be monitored by electronic monitoring) and supervision by Justice Social Work. The licence would also state the period of time the individual was permitted to spend in the community, up to 180 days.

This approach is intended to better support the reintegration of certain long-term prisoners. It is also intended to provide further evidence to the Parole Board to inform decisions on whether to recommend the release.

The Scottish Government is committed to a full rewrite of the Parole Board (Scotland) Rules 2001 and this is currently underway. On Friday 22 nd July 2022, the Scottish Government launched a public consultation ( Consultation on changes to the Parole Board (Scotland) Rules 2001 - Scottish Government - Citizen Space ) featuring a number of proposals that seek to modernise existing rules and certain procedures. These include, but are not limited to:

• a new procedure for handling non-disclosure information and appointment of a special advocate
• adding ‘refusal to disclose a victim’s body’ as a matter the Parole Board may consider
• a new procedure to allow the Parole Board to review a decision.

Following analysis of contributions to the consultation, reformed parole rules will be laid in parliament in due course.

There continues to be an increase in the prison population since the easing of lockdown, which has been largely driven by growth in the remand population. We continue to monitor the prison population to ensure prisons remain safe and well ordered.

We are taking actions and working towards using imprisonment only for those who pose a risk of serious harm and only be contemplated where absolutely necessary.

We are making a total investment of over £3.1 billion in 2022-23 to strengthen and reform vital services across the justice sector including substantial expansion of community justice services supporting diversion from prosecution, alternatives to remand and community sentencing.

The Bail and Release from Custody (Scotland) Bill was introduced to Scottish Parliament on 8 June 2022. The provisions of this Bill are intended to introduce a number of reforms designed to deliver on the Scottish Government’s commitment to refocus how imprisonment is used. They are intended to ensure that, as much as possible, the use of custody for remand is a last resort for the court, and to give a greater focus to the rehabilitation and reintegration of individuals leaving custody.

We are also investing over £500 million in the prison estate over this parliamentary term which will allow the Scottish Prison Services to meet the needs of the diverse prison population, realise the associated benefits and ensure equality of access to regimes and services.

When the monthly recorded crime in Scotland statistics were last published in April, they highlighted to users that these official statistics would be replaced with a quarterly release of National Statistics, which will present the latest rolling 12-month period. As part of the transition to a quarterly release schedule, and to ensure the publication of data in as timely a manner as possible, the release of the annual National Statistics publication for 2021-22 is being brought forward from September to 28 June.

These and other changes to the production of the recorded crime statistics are a matter for independent statisticians and the Scottish Crime Recording Board, not Ministers. They were approved by the Board following a public consultation of users. The Board’s remit includes ensuring the production of crime statistics is undertaken in a manner consistent with the Code of Practice for Official Statistics. An associated report on responses to the consultation and the resulting changes was published on 24 March ( https://www.gov.scot/publications/consultation-future-recorded-crime-police-activity-statistics-summary-responses-discussion-next-steps/ ).