Chamber and committees

The Scottish Executive do not believe that there is any discrepancy between the Care Development Group Report, the Community Care and Health (Scotland) Act 2002 schedule 1 and the subsequent guidance CCD/4/2002 issued to councils on the implementation of the policy.The Care Development Group recommended that there should be sufficient flexibility in the definition and in turn application of personal care to ensure an individual's care needs can be properly met. "Assistance with the preparation of food" was therefore included in the definition to encompass those with severe physical and/or mental frailty who may need support for certain tasks. The Executive will continue to monitor the practical effect of the policy across all local authorities and keep the guidance under review.

I have asked John Ewing, Chief Executive of the Scottish Court Service to respond. His response is as follows:All major new legislation is reviewed to identify resource implications for the Scottish Court Service. The impact of increasing the financial thresholds in small claims and summary causes and the Debt Arrangement and Attachment (Scotland) Bill would not be expected to affect materially the level of business of the courthouse at Peebles.

I refer the member to the answer given to question S1W-28957 today. All answers to written PQs are available on the Parliament's website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/search_wa.

The ministerial targets set for the Scottish Court Service include targets relating to quality of service. Quality of service in the sheriff courts is measured by the percentage of sheriff courts achieving administrative standards agreed with the Sheriff Principal and by the percentage of court houses meeting the Coming to Court standards. The results are reported in the Scottish Court Service Annual Report and Accounts.

Funding allocated to local authorities for bail information and supervision schemes increased from £313,322 in 1999-2000, to £426,553 in 2000-01, £945,536 in 2001-02 and to £971,859 in 2002-03.The expenditure for bail schemes in 1999-2000 and 2000-01 was £337,591 and £526,637 respectively. Local authorities are presently in the process of submitting their audited accounts for 2001-02 and so the figures on expenditure for 2001-02 and 2002-03 are not currently available.

As indicated in the answer given to question S1W-28351 on 9 September 2002, the Executive does not issue guidelines to the judiciary on judicial matters. In Scotland, judicial decisions on bail are governed by the relevant legislation and case law.The Lord Advocate has no plans to issue further guidance to procurators fiscal as to the attitude they should adopt when the courts are considering the grant of bail.

Where a person is accused on petition, all pre-trial procedures are held in private including the consideration of applications for bail. This is because bail applications are considered at hearings which also cover confidential matters.Where a person convicted on indictment applies for interim liberation pending the determination of his appeal, his application is considered in private by the court on the basis of a written submission. I understand that the Crown have a system in place for alerting victims and next of kin when a person convicted of a serious crime is granted interim liberation pending appeal.We are currently considering the full range of issues around interim liberation on bail, in consultation with the Lord Justice General.

I have asked John Ewing, Chief Executive of the Scottish Court Service to respond. His response is as follows:Tain Sheriff Court has no facility to allow easy access for disabled persons. However Lochmaddy, Dingwall and Portree all have disabled access into the building and disabled toilet provisions. In addition Portree has a stair lift to gain access to the courtroom on the first floor.

I have asked John Ewing, Chief Executive of the Scottish Court Service to respond. His response is as follows:A number of rural courts have custody suites within the court building. Eleven rural sheriff courts do not have custody holding facilities within the court building. Nine of these (Duns, Fort William, Jedburgh, Kirkwall, Lerwick, Oban, Portree, Stonehaven and Wick) are adjacent to the local police station from which prisoners in custody can be taken into the court without using the public courthouse. In the case of Peebles and Rothesay prisoners are held in the police station which is located a short distance from the court.The Scottish Court Service is currently reviewing the custody accommodation across the court estate in consultation with the police to determine what, if any, improvements to that accommodation is required. No decisions have yet been taken on whether it will be necessary to provide such accommodation in locations other than Peebles.

I have asked John Ewing, Chief Executive of the Scottish Court Service to respond. His response is as follows:The feasibility study, which was commissioned after the discovery of dry rot, was prepared with regard to the requirements of the Disability Discrimination Act and contains proposals to comply with the requirements of the legislation. No further report has been commissioned.