Chamber and committees

The National Statistics on Recorded Crime in Scotland (Table A7) [1] includes offences of Racially aggravated harassment and Racially aggravated conduct, under Section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995, recorded by the police. This does not include cases where racism was considered an aggravator to any other types of crime/offence (such as Threatening or abusive behaviour or Common assault, etc.) as it is not possible to distinguish these cases within the recorded crime data. Recorded Crime in Scotland, 2019-20 will be published in September 2020.

In addition to this, the Crown Office and Procurator Fiscal Service (COPFS) publish annual Official Statistics on Hate Crime in Scotland [2] . These figures relate to charges aggravated by race, religion, sexual orientation, disability or transgender identity, reported to COPFS, and include information on how those charges were proceeded. Hate Crime in Scotland 2019-20 will be published on 12 June 2020.

[1] https://www.gov.scot/publications/recorded-crime-scotland-2018-19/pages/21/

[2] https://www.copfs.gov.uk/publications/statistics

We announced in June 2018 that the annual bulletin on religiously aggravated offending reported to the Crown Office and Procurator Fiscal Service (COPFS) would be paused, whilst we support Police Scotland to review the potential of their data systems to provide new information in this area.

As part of this project we published the research report Developing Information on Hate Crime Recorded by the Police in Scotland [1] in February 2019. The report provides an update on work by Scottish Government statisticians and Police Scotland to review the availability of information on police recorded hate crime and includes summary information on hate crimes recorded by the police (in relation to race, religion, sexual orientation, disability and transgender identity) during 2014-15 to 2017-18.

Scottish Government statisticians are continuing to engage with Police Scotland as they develop the information they hold on hate crime with a view to publishing further data, including on religiously aggravated offending. It was anticipated that a report on the findings of this exercise would have been published in June 2020. However due to the ongoing coronavirus pandemic this has been postponed, as collection and review of all the supporting data by statisticians is not possible when working from home. We will inform users through the SCOTSTAT network [2] of future updates in relation to this study.

In addition to this, the Crown Office and Procurator Fiscal Service (COPFS) publish annual Official Statistics on Hate Crime in Scotland [3] . These figures relate to charges aggravated by race, religion, sexual orientation, disability or transgender identity, reported to COPFS, and include information on how those charges were proceeded. Hate Crime in Scotland 2019-20 will be published on 12 June 2020.

[1] https://www.gov.scot/publications/developing-information-hate-crime-recorded-police-scotland/

[2] Network for users and providers of Scottish Official Statistics ( https://www2.gov.scot/Topics/Statistics/scotstat )

[3] https://www.copfs.gov.uk/publications/statistics

As I advised Parliament on 13 May 2020, a death falls to be reported to the Crown if the circumstances are such as to give rise to public anxiety. I have issued directions that two categories of COVID-19 or presumed COVID-19 deaths meet this criterion and should accordingly be reported to the Crown. These categories are:

(i) All COVID-19 or presumed COVID-19 deaths where the deceased may have contracted the virus in the course of their employment or occupation. Whilst not exhaustive, this may include deaths of care home workers, frontline NHS staff, public transport employees and emergency services personnel; and

(ii) All COVID-19 or presumed COVID-19 deaths where the deceased was resident in a care home when the virus was contracted.

It would not be appropriate for me before investigations have been carried out in relation to reported COVID-19 deaths, to speculate about what those investigations might lead to or about the circumstances in which a fatal accident inquiry will be held. However, where the law requires a fatal accident inquiry, one will be held. Where the Crown concludes, following investigation, that a fatal accident inquiry should, in the public interest, be held, one will be instructed. The Crown will remain sensitive to the needs of bereaved relatives; and will keep them informed about any investigation in accordance with the Family Liaison Charter which I laid before Parliament in 2016.

On 25 March 2020, following announcements made by the UK and Scottish Government, the Scottish Courts and Tribunal Service (SCTS) announced that in order to safely maintain essential services that support justice all Sheriff court business would be adjourned or continued administratively except for: (i) cases where the accused is in custody; (ii) appearances from undertakings; and (iii) emergency civil applications.

Since that time senior officials in COPFS have remained in close discussion with SCTS about arrangements for timetabling both existing and future criminal proceedings and Fatal Accident Inquiries. This has included discussions about the circumstances in which certain FAIs might continue to be dealt with at this time. Although there are significant limitations on the hearings which can take place in court at this time, COPFS staff are able to work remotely, and, continue to undertake death investigations and to prepare cases where FAIs are pending.

Whilst timetabling of Inquiries is not for me but rather for SCTS, I can however confirm that COPFS continue to liaise with SCTS and with families affected by delays to Fatal Accident Inquiries.

As at week commencing 23 March 2020, in terms of Section 15 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (the 2016 Act), the Crown had initiated, by First Notice, 33 Fatal Accident Inquiries with Scottish Courts and Tribunal Service (SCTS). In none of these had evidence commenced being led at that time, but all had future scheduled court dates for either a preliminary hearing; date for evidence to be led or both.

Since 23 March 2020, one of these FAIs has been concluded by the Court and 25 have been adjourned by the Court to future dates. The remaining seven FAIs have yet to be considered by the Court, with the original scheduled dates in place. I am advised that these remain subject of ongoing review and discussions between the Court, the Crown and other interested parties to the FAIs.

In accordance with Section 2 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, a Fatal Accident Inquiry requires to be held into the death of a person which occurred in Scotland, if, at the time of death, the person was in legal custody.

I can confirm that the sudden, unexpected and unexplained deaths reported to the Crown Office and Procurator Fiscal Service (COPFS) since the beginning of the current pandemic, include deceased who have died in Scottish prisons, from COVID-19 related illnesses.

A FAI will accordingly require to be held into each of these deaths. As I advised Parliament on 13 May 2020, when I updated the Chamber on the categories of death which fall to be reported to the Crown during the pandemic; where the law requires a fatal accident inquiry, one will be held.

The progress of a death investigation depends on a variety of factors. While most death investigations conclude once a cause of death is known, other cases require further investigation, which may include complex technical and medical issues requiring the instruction of experts.

Where a FAI is to be held, the speed with which it proceeds to the conclusion of evidence, and, thereafter, to issue of the sheriff’s determination depends on a variety of factors, including the scale and complexity of the inquiry and the other demands on court and judicial time. There are also, currently, significant constraints on court hearings. In light of the current situation that we face, it would be premature for me to speculate when any FAI into the deaths to which I have referred may commence.

The Scottish Government has received confirmation from NHS Grampian that an application for a controlled drug license for HMP Grampian was submitted to the Home Office in November 2019.

In order for a license to be granted the Home Office must conduct a compliance visit. NHS Grampian were advised on 1 April 2020 that the Home Office have suspended all compliance visits for the foreseeable future due to Covid-19. Once the Home Office is in a position to resume conducting compliance visits, NHS Grampian’s application will be progressed.

The specific information requested is not being routinely collected by the Scottish Government. The following response has been provided by the Scottish Fire and Rescue Service (SFRS), Police Scotland and the Scottish Prison Service, at the request of the Scottish Government. Each of these organisations can be contacted directly for further information.

(a) Scottish Fire and Rescue Service

As at 1st April 2020, there were no members of staff self-isolating due to their age. 79 members of staff were self-isolating due to underlying health conditions. This may be due to a family member having an underlying health condition. This represents 1% of staff. 42 of the 79 were working from home.

SFRS has not advised anyone to self-isolate for either of the two stated reasons. It is not for the Service to make recommendations but rather a matter to be decided following NHS/GP advice and guidance.

(b) Police Scotland

As at 1st April 2020, there were no police officers self-isolating due to their age. Police Scotland are unable to provide information on the number of police officers self-isolating due to underlying health conditions.

(c) Scottish Prison Service

As at 31st March 2020, 3 prison officers were self-isolating due to their age (over 70) and 214 prison officers were self-isolating due to underlying health conditions. Overall, this represents 7% of prison officers.