- Asked by: Pauline McNeill, MSP for Glasgow Kelvin, Scottish Labour
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Date lodged: Friday, 08 February 2008
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Current Status:
Answered by Elish Angiolini on 14 February 2008
To ask the Scottish Executive what percentage of cases have transferred from the high court to the sheriff court in each year since the Criminal Procedure Amendment (Scotland) Act 2004 came into force.
Answer
Section 3 of the Criminal Procedure (Scotland) Act 1995 was amended by the Crime and Punishment (Scotland) Act 1997 on 1 May 2004 and increased the maximum sentencing powers of the sheriff, sitting with a jury from three to five years imprisonment, meaning that some cases which would previously have been indicted in the High Court are now indicted in the sheriff court. Individual cases are not, however, recorded as being indicted in the sheriff court on that basis. The main provisions of the Criminal Procedure Amendment (Scotland) Act 2004 came into force on 1 February 2005.
The following table shows the total number of cases disposed of in the High Court and the total number disposed of in sheriff and jury courts in each year since 2003-04.
Court Disposals - Solemn Cases
Year | High Court Cases | Percentage Change from Previous Year | Sheriff and Jury Cases | Percentage Change from Previous Year |
2003-04 | 1,170 | +3.3% | 3,352 | +1.5% |
2004-05 | 864 | -26.2% | 3,611 | +7.7% |
2005-06 | 836 | -3.2% | 3,905 | +8.1% |
2006-07 | 839 | +0.4% | 4,224 | +8.2% |
- Asked by: Pauline McNeill, MSP for Glasgow Kelvin, Scottish Labour
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Date lodged: Friday, 25 January 2008
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Current Status:
Answered by Kenny MacAskill on 12 February 2008
To ask the Scottish Executive how the review of HM Prison Castle Huntly will be conducted and who will be involved in it.
Answer
I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:
The review undertaken by the Scottish Prison Service will be in two parts. It will consider the individual circumstancesof the decision to transfer Robert Foye to the SPS Open Estate and allow his accessto the community, and it will review the operation of the open prison estate, itsrole and the process of transferring prisoners there from closed prisons.
The review will be carried outby members of staff from the Partnerships and Commissioning Directorate of the ScottishPrison Service and not those who are already involved in the management of the openestate or the transfer of prisoners to it.
- Asked by: Pauline McNeill, MSP for Glasgow Kelvin, Scottish Labour
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Date lodged: Friday, 25 January 2008
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Current Status:
Answered by Kenny MacAskill on 12 February 2008
To ask the Scottish Executive when it will make a ministerial statement on the open prison system and on HM Prison Castle Huntly in particular.
Answer
I will consider the requirementfor a ministerial statement when I have seen the review currently being undertakenby the Scottish Prison Service.
- Asked by: Pauline McNeill, MSP for Glasgow Kelvin, Scottish Labour
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Date lodged: Friday, 25 January 2008
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Current Status:
Answered by Kenny MacAskill on 7 February 2008
To ask the Scottish Executive whether it is delaying the implementation of ending unconditional automatic early release until the Scottish Prison Commission has reported.
Answer
We remain committed to thedelivery of our offender management strategy but we must ensure that any changedoes not compound current problems of unrelenting pressure on high prisonnumbers and put intolerable pressures on prisons, courts and community justiceservices. We will be informed by the Commissions findings and recommendations.
The previous administrationmay have passed the Custodial Sentences and Weapons Act 2007 in the final daysof the last Parliament. However, because of the impact on resources, it hasalways been clear that implementation would unlikely to be before 2009-10.
- Asked by: Pauline McNeill, MSP for Glasgow Kelvin, Scottish Labour
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Date lodged: Friday, 25 January 2008
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Current Status:
Answered by Kenny MacAskill on 4 February 2008
To ask the Scottish Executive in how many cases accused persons were in custody pending trial for more than 140 days in (a) 2004, (b) 2005, (c) 2006 and (d) 2007.
Answer
I have asked MikeEwart, Chief Executive of the Scottish Prison Service to respond.
His response is asfollows:
The information yourequested is not available, because we do not hold information on the start dateof the trial.
- Asked by: Pauline McNeill, MSP for Glasgow Kelvin, Scottish Labour
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Date lodged: Friday, 25 January 2008
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Current Status:
Answered by Kenny MacAskill on 4 February 2008
To ask the Scottish Executive, in cases where the 140 days custody limit was exceeded, by what average number of days it was exceeded in (a) 2004, (b) 2005, (c) 2006 and (d) 2007.
Answer
I have asked Mike Ewart, Chief Executive of the Scottish Prison Service to respond.
His response is as follows:
The information you requested is not available, because we do not hold information on the start date of the trial.
- Asked by: Pauline McNeill, MSP for Glasgow Kelvin, Scottish Labour
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Date lodged: Friday, 25 January 2008
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Current Status:
Answered by Kenny MacAskill on 4 February 2008
To ask the Scottish Executive whether the extension of bail supervision schemes is restricted to certain categories of accused persons.
Answer
The £500,000 investmentin bail supervision recently announced and the updated guidelines issued extendslightly the categories of accused identified as priorities for this measure. Theguidelines suggest priority for those with mental health problems, women accused,single parents, drugs misusers and young people aged between 16 and 21. Where capacityexists and subject to safeguards in respect of public safety, other accused outwiththe priority groups can also be granted supervised bail.
- Asked by: Pauline McNeill, MSP for Glasgow Kelvin, Scottish Labour
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Date lodged: Friday, 25 January 2008
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Current Status:
Answered by Kenny MacAskill on 4 February 2008
To ask the Scottish Executive whether the extension of bail supervision schemes restricts the freedom of sheriffs to determine who is suitable for bail supervision.
Answer
No. The updated guidelinesfor supervised bail identify certain priority groups for this measure but subjectto considerations of public safety and capacity issues do not preclude other accusedfrom being granted supervised bail. The decision on whether an accused person shouldbe bailed or remanded is for the court to make.
- Asked by: Pauline McNeill, MSP for Glasgow Kelvin, Scottish Labour
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Date lodged: Friday, 18 January 2008
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Current Status:
Answered by Kenny MacAskill on 29 January 2008
To ask the Scottish Executive what the liability is for police pensions in (a) 2008-09, (b) 2009-10 and (c) 2010-11, broken down by police authority.
Answer
The forecast liability for policepensions depends on assumptions about the numbers of police officers who actuallyretire when they are entitled to assumptions made about police rates of pay andestimates of pension entitlements. As a result, the forecasts can vary quite widely.The latest estimates provided by the Association of Chief Police Officers inScotland (ACPOS) for the total pensions liability for 2008-09 are as follows:
Central Scotland Police | £8.5 million |
Dumfries and Galloway Constabulary | £4.5 million |
Fife Police | £10.5 million |
Grampian Police | £13.0 million |
Lothian and Borders Police | £35.1 million |
Northern Constabulary | £8.7 million |
Strathclyde Police | £100.6 million |
Tayside Police | £17.1 million |
A similar breakdown is not availablefor future years but ACPOS estimate the total liability to be £232 million in 2009-10and £215 million in 2010-11.
As the Cabinet Secretary forFinance and Sustainable Development announced in his statement to Parliament on14 December, funding for police pensions is included within the overall Local GovernmentSettlement.
- Asked by: Pauline McNeill, MSP for Glasgow Kelvin, Scottish Labour
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Date lodged: Friday, 18 January 2008
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Current Status:
Answered by Fergus Ewing on 25 January 2008
To ask the Scottish Executive when the Review of Civil Judicial Statistics Advisory Board last met and when it will publish its recommendations.
Answer
The Project Board for the Reviewof Civil Judicial Statistics last met on 13 April 2006.Correspondence with the board has occurred since this meeting via email, with themost recent communication taking place during summer 2007.
As part of the review, researchhas recently been carried out with users, and potential users, of civil judicialstatistics, to identify their data requirements and suggestions for a revised Civil Judicial Statistics publication. The next step for the review is to considereach of the responses submitted as part of this research, and develop a specificationfor the revised dataset and publication. The first draft of this specification isexpected to be produced by spring 2008.
Further details of the Reviewof Civil Judicial Statistics can be found at:
http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice/review-civjudicial-stats.