- Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 08 February 2018
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Current Status:
Answered by Michael Matheson on 2 March 2018
To ask the Scottish Government what steps it is taking to improve the 48% conviction rates for rape and attempted rape, given that the conviction rates for all sexual crimes is 72%.
Answer
Since 2006-07, the conviction rate for rape has varied between 37% and 56%. We have and will continue to seek to strengthen the law in relation to rape where possible and how rape cases are dealt with within our courts.
The Sexual Offences (Scotland) Act 2009 modernised the law around sexual crime. This included introducing a statutory definition of consent as 'free agreement'. In addition, further changes have been made to allow victims of sexual offences automatic access to measures, such as screens and video links, when giving evidence; and COPFS’ have created the specialist National Sexual Crimes Unit to prosecute serious sexual offences.
In the very recent past, provisions contained in the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 came into effect in April 2017, requiring judges to direct juries in certain sexual offence cases on how to consider evidence:
- relating to a delay by the victim in reporting the offence, and
- relating to a victim not putting up physical resistance to the perpetrator and/or the perpetrator not using physical force in carrying out the offence.
The judge must explain there may be good reasons why a victim may not report an offence immediately and good reasons why a victim may not physically resist their attacker, or why the perpetrator may not need to use physical force and that therefore it does not necessarily mean the allegation that the offence took place is false.
- Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
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Date lodged: Monday, 05 February 2018
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Current Status:
Answered by Aileen Campbell on 27 February 2018
To ask the Scottish Government, in light of the reported positive results of trialling the co-location of services highlighted in Glasgow Centre for Population Health’s report, Building Connections: co-locating advice services in general practices and job centres, with individuals making substantial financial gains, what its position is on whether rolling out this framework for advice service provision across the country could be an effective way to help meet the new statutory poverty reduction goals.
Answer
We note the conclusions of the Glasgow Centre for Population Health's report Building Connections. These are similar to the report from the Improvement Service earlier in 2017 on the social return on investment of collocating welfare advice workers in medical practices.
These reports show that co-locating advice services can contribute significantly to maximising income, particularly for welfare benefit claimants. This will be important in our efforts to tackle child poverty.
We are funding a welfare advice services facilitator to support the development of embedding welfare advice services in Health and Social Care settings, with a particular focus on general practice and early years and will be reviewed at the end of the 2017-18 Financial Year.
- Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 07 February 2018
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Current Status:
Answered by Michael Matheson on 22 February 2018
To ask the Scottish Government what action it takes to ensure that young people under the care of the Scottish Prison Service are not vulnerable to institutional neglect.
Answer
The Prisons (Scotland) Act 1989 sets out the statutory arrangements for inspecting and monitoring prisons in Scotland. Her Majesty’s Chief Inspector of Prisons for Scotland (HMCIPS), who is appointed in terms of section 7 of the Act, has responsibility for inspecting the conditions in prisons and the treatment of prisoners and overseeing the exercise of the functions of independent prison monitors.
HM Inspectorate of Prisons for Scotland (HMIPS) undertakes a formal programme of inspections of individual prisons and publishes reports on its findings. Independent Prison Monitors (IPMs) are members of the public who, as representatives of civil society, are appointed to monitor the conditions in prisons. One IPM must visit a prison at least once every week and they may speak in private with any prisoner, visitor, prison officer or other person working at the prison when doing so. Reports on the findings of monitoring are published on a quarterly basis. HMIPS is one of the 21 statutory bodies that make up the UK National Preventive Mechanism established in March 2009 after the UK ratified the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in December 2003.
- Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 07 February 2018
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Current Status:
Answered by Michael Matheson on 22 February 2018
To ask the Scottish Government what its position is on whether young offenders institutions should be run by the private sector.
Answer
The Scottish Government has a commitment to a publicly owned and run prison service. That is why in August 2007, we confirmed that any further new prisons in Scotland would be owned and operated by the public sector.
- Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 07 February 2018
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Current Status:
Answered by Michael Matheson on 21 February 2018
To ask the Scottish Government what action it is taking in response to the fire at HMYOI Polmont on 2 February 2018.
Answer
I have asked Colin McConnell, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:
SPS is undertaking an assessment of risk across all residential areas of the Scottish prison estate. The information gathered from these assessments will identify any subsequent measures which may be required to prevent the occurrence of a similar incident in future.
- Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
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Date lodged: Friday, 09 February 2018
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Current Status:
Answered by James Wolffe QC on 21 February 2018
To ask the Scottish Government, in light of reports that the Crown Office and Procurator Fiscal Service (COPFS) has accepted unofficial reports from the police, which COPFS do not formally number, regarding crimes allegedly committed by officers, whether it will confirm what statistics COPFS has produced regarding the number of such complaints, and in light of concerns that these were not formally numbered for extended periods of time and not made publicly available by COPFS, what its position is regarding the accuracy of the statistics.
Answer
In terms of Police Service of Scotland Conduct Regulations all allegations inferring criminality by Police Officers must be referred for independent investigation by the Crown Office and Procurator Fiscal Service.
This requirement has existed for many years and is based on the principle that in Scotland the responsibility for overseeing and investigating any allegation of criminality rests with the independent public prosecutor. The requirement applies irrespective of whether there is a legal sufficiency of evidence to take proceedings.
Reports to COPFS where there is an insufficiency of evidence do not require to be submitted in the form of a Standard Police Report which is used to report allegations where there is a legal sufficiency, but may instead be submitted in a standard format that enables the public prosecutor to discharge the duty to assess the evidence that is available to support the allegation independently and also to instruct further enquiry where appropriate.
All such reports are processed and considered by the dedicated Criminal Allegations Against the Police Department of COPFS (CAAPD) and each report is allocated a unique reference number. The case progress is monitored using COPFS electronic systems to ensure that it is dealt with timeously.
CAAPD operate a target of completing investigations within 12 weeks of receipt of such reports in 90% of cases and this target has been achieved every year since the creation of CAAPD in 2013.
- Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
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Date lodged: Friday, 09 February 2018
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Current Status:
Answered by James Wolffe QC on 21 February 2018
To ask the Scottish Government, in light of reports that the Crown Office and Procurator Fiscal Service (COPFS) has accepted unofficial reports from the police, which COPFS do not formally number, regarding crimes allegedly committed by officers, and what its response is to concerns that the practice might (a) be discriminatory toward, (b) be against the interests of, and (c) impact on the human rights of the officers concerned.
Answer
In terms of Police Service of Scotland Conduct Regulations all allegations inferring criminality by Police Officers must be referred for independent investigation by the Crown Office and Procurator Fiscal Service.
This requirement has existed for many years and is based on the principle that in Scotland the responsibility for overseeing and investigating any allegation of criminality rests with the independent public prosecutor. The requirement applies irrespective of whether there is a legal sufficiency of evidence to take proceedings.
Reports to COPFS where there is an insufficiency of evidence do not require to be submitted in the form of a Standard Police Report which is used to report allegations where there is a legal sufficiency, but may instead be submitted in a standard format that enables the public prosecutor to discharge the duty to assess the evidence that is available to support the allegation independently and also to instruct further enquiry where appropriate.
All such reports are processed and considered by the dedicated Criminal Allegations Against the Police Department of COPFS (CAAPD) and each report is allocated a unique reference number. The case progress is monitored using COPFS electronic systems to ensure that it is dealt with timeously.
CAAPD operate a target of completing investigations within 12 weeks of receipt of such reports in 90% of cases and this target has been achieved every year since the creation of CAAPD in 2013.
- Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
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Date lodged: Friday, 09 February 2018
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Current Status:
Answered by James Wolffe QC on 21 February 2018
To ask the Scottish Government what its response is to reports that the Crown Office and Procurator Fiscal Service (COPFS) has accepted unofficial reports from the police, which COPFS do not formally number, regarding crimes allegedly committed by officers; what name COPFS gives to this practice; when it was introduced; whether it has ceased and, if (a) so, when it ended and (b) not, whether it plans to end it, and whether it has or will be replaced by the Centurion system.
Answer
In terms of Police Service of Scotland Conduct Regulations all allegations inferring criminality by Police Officers must be referred for independent investigation by the Crown Office and Procurator Fiscal Service.
This requirement has existed for many years and is based on the principle that in Scotland the responsibility for overseeing and investigating any allegation of criminality rests with the independent public prosecutor. The requirement applies irrespective of whether there is a legal sufficiency of evidence to take proceedings.
Reports to COPFS where there is an insufficiency of evidence do not require to be submitted in the form of a Standard Police Report which is used to report allegations where there is a legal sufficiency, but may instead be submitted in a standard format that enables the public prosecutor to discharge the duty to assess the evidence that is available to support the allegation independently and also to instruct further enquiry where appropriate.
All such reports are processed and considered by the dedicated Criminal Allegations Against the Police Department of COPFS (CAAPD) and each report is allocated a unique reference number. The case progress is monitored using COPFS electronic systems to ensure that it is dealt with timeously.
CAAPD operate a target of completing investigations within 12 weeks of receipt of such reports in 90% of cases and this target has been achieved every year since the creation of CAAPD in 2013.
- Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
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Date lodged: Thursday, 15 February 2018
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Current Status:
Answered by Humza Yousaf on 21 February 2018
To ask the Scottish Government whether it will provide an update on the action it has taken to resolve the reported issue with the Scottish Crime Campus car park and its impact on the surrounding area.
Answer
The Scottish Crime Campus Management Board who represent each of the occupying partners have been and continue to work with staff and others, including Gartcosh Community Council and North Lanarkshire Council, to address the issue and generate a solution. Scottish Government officials are engaging with all interested parties to explore options that could provide a solution to the longstanding issue of large numbers of Scottish Crime Campus staff parking on Craignethan Drive.
- Asked by: Elaine Smith, MSP for Central Scotland, Scottish Labour
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Date lodged: Wednesday, 31 January 2018
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Current Status:
Answered by Shona Robison on 20 February 2018
To ask the Scottish Government how regional variations in the delivery of services for people requiring stoma care support at home are being addressed.
Answer
Where an individual is identified as being at critical or substantial risk regarding their independent living or wellbeing, personal and nursing care services should be provided.
A recent survey of NHS Boards indicates that stoma care is provided through local home care services in the majority of health board areas across Scotland with the support of District Nurses and Stoma Nurse Specialists. In all cases support should be tailored to meet the needs of individuals requiring stoma care.
