- Asked by: Lewis Macdonald, MSP for North East Scotland, Scottish Labour
-
Date lodged: Monday, 17 December 2012
-
Current Status:
Answered by Kenny MacAskill on 10 January 2013
To ask the Scottish Government on how many occasions since April 2007 courts have allowed offenders subject to electronic monitoring to specify a place of restriction other than their home address.
Answer
The information requested is not held centrally.
Electronic monitoring curfew conditions are set by courts, and the court can request a criminal justice social work assessment of an individual’s circumstances prior to imposing this sentence. The offender must consent to the imposition of the order, or the court can consider an alternative sentence, and the offender has the opportunity to contribute to the assessment prior to curfew conditions being set.
- Asked by: Lewis Macdonald, MSP for North East Scotland, Scottish Labour
-
Date lodged: Monday, 17 December 2012
-
Current Status:
Answered by Kenny MacAskill on 10 January 2013
To ask the Scottish Government on how many occasions since April 2007 courts have allowed offenders subject to electronic monitoring to specify hours of restriction.
Answer
The information requested is not held centrally.
Electronic monitoring curfew conditions are set by courts, and the court can request a criminal justice social work assessment of an individual’s circumstances prior to imposing this sentence. The offender must consent to the imposition of the order, or the court can consider an alternative sentence, and the offender has the opportunity to contribute to the assessment prior to curfew conditions being set.
- Asked by: Lewis Macdonald, MSP for North East Scotland, Scottish Labour
-
Date lodged: Monday, 17 December 2012
-
Current Status:
Answered by Kenny MacAskill on 10 January 2013
To ask the Scottish Government what alternatives are available to offenders subject to electronic monitoring whose employment opportunities would be affected by such a sentence.
Answer
Courts are free to take into account the individual circumstances of the cases before them and can consider issues such as employment conditions or prospects when imposing a sentence, setting curfew hours to take account of these issues, if appropriate. Furthermore, they can consider applications to vary electronic monitoring curfew conditions if an offender's circumstances change.
- Asked by: Lewis Macdonald, MSP for North East Scotland, Scottish Labour
-
Date lodged: Monday, 17 December 2012
-
Current Status:
Answered by Kenny MacAskill on 10 January 2013
To ask the Scottish Government what guidance it has given to the Crown Office and Procurator Fiscal Service regarding electronic monitoring and the consideration of an offender’s employment status.
Answer
The Restriction of Liberty Orders and Electronic Monitoring in the High Court, Sheriff Courts and Stipendiary Magistrates Court Handbook, originally issued in 2002, was revised in February 2004 to reflect a change in legislation. This handbook provides information on electronic monitoring and what information is available to the sentencer, such as the offender’s working hours, prior to imposing such a sentence.
- Asked by: Lewis Macdonald, MSP for North East Scotland, Scottish Labour
-
Date lodged: Thursday, 06 December 2012
-
Current Status:
Answered by Kenny MacAskill on 20 December 2012
To ask the Scottish Government whom it consulted before deciding to amend section 16 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
Answer
Our proposed changes to the law in this area will clarify the existing powers of courts in the area of consecutive sentencing. As such, they will not represent a change in sentencing policy and we do not plan to consult formally, though we will consider carefully views offered as part of the Parliamentary scrutiny of the provisions in due course.
We have discussed our plans with a number of justice stakeholders, including the Crown Office, Scottish Prison Service and judicial representatives.
- Asked by: Lewis Macdonald, MSP for North East Scotland, Scottish Labour
-
Date lodged: Friday, 14 December 2012
-
Current Status:
Answered by Kenny MacAskill on 20 December 2012
To ask the Scottish Government how many fiscal direct penalties have been discharged due to them being (a) refused, (b) recalled and (c) withdrawn in each year since 2009.
Answer
This question relates to operation matters that are the responsibility of the Scottish Court Service (SCS) corporate body. The question has been passed to the chide Executive of the SCS who will reply in writing within twenty days.
- Asked by: Lewis Macdonald, MSP for North East Scotland, Scottish Labour
-
Date lodged: Friday, 14 December 2012
-
Current Status:
Answered by Kenny MacAskill on 20 December 2012
To ask the Scottish Government how many alleged offenders have been taken to court because of a failure to pay a fiscal direct penalty in each year since 2009.
Answer
This question relates to operation matters that are the responsibility of the Scottish Court Service (SCS) corporate body. The question has been passed to the chide Executive of the SCS who will reply in writing within twenty days.
- Asked by: Lewis Macdonald, MSP for North East Scotland, Scottish Labour
-
Date lodged: Friday, 14 December 2012
-
Current Status:
Answered by Kenny MacAskill on 20 December 2012
To ask the Scottish Government which parts of the declaration of income form must be completed by an alleged offender who has accepted a fiscal direct penalty and whether completion of the form is mandatory.
Answer
This question relates to operation matters that are the responsibility of the Scottish Court Service (SCS) corporate body. The question has been passed to the chide Executive of the SCS who will reply in writing within twenty days.
- Asked by: Lewis Macdonald, MSP for North East Scotland, Scottish Labour
-
Date lodged: Friday, 14 December 2012
-
Current Status:
Answered by Kenny MacAskill on 20 December 2012
To ask the Scottish Government whether the Scottish Court Service uses (a) seizure of vehicle, (b) earning arrestment, (c) deduction of benefit and (d) arrestment of funds orders to secure payment of fiscal direct penalties.
Answer
This question relates to operation matters that are the responsibility of the Scottish Court Service (SCS) corporate body. The question has been passed to the chide Executive of the SCS who will reply in writing within twenty days.
- Asked by: Lewis Macdonald, MSP for North East Scotland, Scottish Labour
-
Date lodged: Friday, 14 December 2012
-
Current Status:
Answered by Kenny MacAskill on 20 December 2012
To ask the Scottish Government how many fiscal direct penalties have been discharged due to the death of the alleged offender in each year since 2009.
Answer
This question relates to operational matters that are the responsibility of the Scottish Court Service (SCS) corporate body. The question has been passed to the chide Executive of the SCS who will reply in writing within twenty days.