Chamber and committees

The Scottish ministers are responsible under the terms of The Parole Board (Scotland) Rules 2001 (the Rules), made under sections 20(4) and (4A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (as amended), for the referral of relevant cases to the Parole Board. On the referral of a case, the Scottish ministers are required by the rules to send to the board a dossier containing any information in writing or documents which they consider to be relevant to the case, including, wherever practicable, the information and documents specified in the Schedule to the rules.Long-term prisoners, that is persons sentenced to a term of four years or more, may be released on licence after serving one-half of the sentence, if this is recommended by the Parole Board. The Parole Board makes its decisions on whether or not to recommend the early release on licence of such prisoners in private, under Part III of the rules. If the board recommends the early release of a long-term prisoner who has been sentenced to less than 10 years, the Scottish ministers are obliged, by law, to release the prisoner. In the case of a prisoner sentenced to 10 years or more, the Scottish ministers currently exercise discretion over whether or not to accept the board's recommendation. Under provisions contained in Part 4 of the Criminal Justice (Scotland) Bill it is proposed to remove that discretion so that Scottish ministers will be obliged to follow the board's recommendation in all cases.In the case of life prisoners, when the punishment part of the life sentence has expired, an oral hearing is arranged by the Parole Board, under part IV of the rules, to consider whether or not the prisoner requires to continue to be confined for the protection of the public. Hearings normally take place in the establishment in which the prisoner is detained. In the dossier of information that is sent to the board in such cases there is normally a document recording the Scottish ministers' views on whether or not the prisoner should continue to be confined; and at the oral hearing the Scottish ministers are represented, normally, by an official of the Justice Department and a representative of the Scottish Prison Service. The prisoner, who is entitled to be present at the hearing, may also be represented.Where, in the light of the information provided to it and the views expressed at the oral hearing, the Parole Board is satisfied that a life prisoner no longer requires to continue to be confined for the protection of the public, it will direct the prisoner's release on life licence. The Scottish ministers are obliged, by law, to release the prisoner on life licence.

The available information is shown in the following table. Cases involving child victims of abduction and serious assault cannot be separately identified within the data held centrally.Persons Accused of Cases Recorded¹ as Murder Involving a Child (Aged Under 16) Victim, by Sex of Accused, 1991-2000

Outcome of Proceeding	1991	1992	1993	1994	1995	1996	1997	1998	1999	2000
Total accused	10	5	4	4	5	9	3	3	3	6
Charge proved	2	3	1	3	1	2	2	1	2	2
Imprisoned	2	3	-	1	1	2	2	1	2	2
Insanity, hospital order	-	-	1	2	-	-	-	-	-	-
Other2	8	2	3	1	4	7	1	2	1	4
Males accused	7	4	2	3	2	6	2	2	2	6
Charge proved	2	3	-	2	1	2	2	1	2	2
Imprisoned	2	3	-	1	1	2	2	1	2	2
Insanity, hospital order	-	-	-	1	-	-	-	-	-	-
Other2	5	1	2	1	1	4	-	1	-	4
Females accused	3	1	2	1	3	3	1	1	1	-
Charge proved	-	-	1	1	-	-	-	-	-	-
Imprisoned	-	-	-	-	-	-	-	-	-	-
Insanity, hospital order	-	-	1	1	-	-	-	-	-	-
Other2	3	1	1	-	3	3	1	1	1	-

Notes:1. Currently (as at 26 October 2001) recorded as homicide.2. Includes death of suspect, case pending, no proceedings, proceedings dropped and acquittals.

The Crown Office and Procurator Fiscal Service has a complaints procedure, details of which are available on the Crown Office website. The policy is to respond to all complaints quickly, courteously, fairly and efficiently and to take appropriate action when required. In addition, members of the public can, and often do, write to the Lord Advocate either personally or via their Member of Parliament. The Lord Advocate and his officials investigate concerns and complaints made in this way with a view to giving full and objective responses.Complaints of criminal conduct by police officers are investigated independently by Area Procurators Fiscal and reported to Crown Office for consideration of a Law Officer. Again details of this procedure are available on the departmental website. The procedures for handling complaints against the police, which do not involve criminal conduct, are regulated by statute. The legislation enables a dissatisfied complainant to ask Her Majesty's Inspectorate of Constabulary to review the case. A consultation paper was issued last year with proposals on ways to enhance the independence of the police complaints system and we are currently considering the next steps in light of the responses to that consultation.The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 provides for the Scottish Legal Services Ombudsman to investigate complaints about the way in which the Law Society of Scotland has handled a complaint against a solicitor. The Ombudsman's powers and relevant procedures are set out in sections 34, 34A, and 34B of the 1990 Act and schedule 3. A complaint to the Ombudsman marks the end of the appeals process, and the Ombudsman's written report setting out her conclusions on a complaint is final. The Scottish Legal Services Ombudsman is appointed by the Scottish ministers after consultation with the Lord President of the Court of Session and is independent of both the Law Society of Scotland and the Scottish ministers. Complaints about the service received from the Ombudsman's Office should be made to the Ombudsman. The Scottish ministers may give general directions to the Ombudsman about the scope and discharge of her functions, but do not at any time get involved with individual complaints. The General Directions which came into force on 1 April 1993 are set out in Appendix A to the Ombudsman's Annual Report for 2001-02.

I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:Clear guidelines as to prescribing for drug misusers in prison are contained within SPS' Health Care Standards, a copy of which has been placed in the Parliament's Reference Centre (Bib. number 20561).

I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:The information requested is not available.

The Scottish Executive expects that any fraud relating to tribunals involving potential criminal activity would be reported to the police. It would be a matter for the appropriate police force to decide whether to pursue a criminal investigation and what form any investigation should take.

I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:The Scottish Prison Service provides a range of services and treatments to drug-using prisoners. We have not undertaken a cost-benefit analysis of this provision in relation to potential mortality or morbidity.

I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:Figures are available only for 2000-01 and 2001-02. These are shown in the table:

	2000-01	2001-02
(a)	£13,324	£49,009
(b)	£3,955	£3,567

I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:(a) None.(b) The information requested is not available.

The Scottish Committee of the Council on Tribunals has no powers to investigate allegations of fraud in respect of tribunals. The committee's statutory role is to keep under review and to report on the constitution and working of tribunals and on matters such as the rules of procedure under which they operate. Fraud is a criminal matter which is for the police and Crown Office to investigate.