- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Wednesday, 05 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive what the quarterly baseline total, as defined in paragraph 3 of Schedule F of the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Limited for the Design, Construction, Management and Financing of a Prison at Kilmarnock, has been in each quarter since the opening of HM Prison Kilmarnock.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:I refer the member to the following table.
| Performance Year | Performance Quarter | Baseline |
| Year 1 | 1 | 408 |
| 2 | 685 |
| 3 | 685 |
| 4 | 685 |
| Year 2 | 1 | 651 |
| 2 | 675 |
| 3 | 697 |
| 4 | 690 |
| Year 3 | 1 | 664 |
| 2 | 656 |
| 3 | 659 |
| 4 | 700 |
| Year 4 | 1 | 636 |
| 2 | 629 |
| 3 | 629 |
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 03 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive how incidents of fighting as a breach of prison discipline are recorded for the performance indicators contained in paragraphs 2.2(a) and 2.2(b) of Schedule F to the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Ltd for the Design, Construction, Management and Financing of a Prison at Kilmarnock.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:Fights are regarded, for performance points purposes, as "assaults" with points being awarded according to the number of individuals found guilty of being participants and according to the severity of any injuries sustained. If it is proven that an individual's actions have been limited to self defence, no points are awarded.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 03 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive how incidents of fighting as a breach of prison discipline are recorded in respect of the accrual of performance points under Schedule F to the Minute of Agreement between the Secretary of State for Scotland and Kilmarnock Prison Services Ltd for the Design, Construction, Management and Financing of a Prison at Kilmarnock.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:I refer the member to the answer given to question S1W-34410 today. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/search_wa.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 03 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive, further to the answer to question S1W-33537 by Mr Jim Wallace on 27 February 2003, why it is unable to provide a record of offences of violence at HM Prison Kilmarnock reported to the procurator fiscal.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:Because it is a matter for the police.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 03 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive, further to the answer to question S1W-33537 by Mr Jim Wallace on 27 February 2003, how many incidents of alleged (a) assault and (b) fighting have been dealt with in the orderly room at HM Prison Kilmarnock in each quarter since the prison opened.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:Quarterly figures are not available. The numbers of charges laid in each year alleging such breaches of prison discipline are listed in the following table.
| | Assault | Fighting |
| Year One | 74 | 45 |
| Year Two | 34 | 40 |
| Year Three | 34 | 54 |
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 04 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive, further to the answer to question S1W-34139 by Mr Jim Wallace on 28 February 2003, what the nature was of the incident of failure to comply with agreed reporting procedures at HM Prison Kilmarnock in quarter three of performance year four of the prison's operation.
Answer
I have asked Tony Cameron, Chief Executive of the Scottish Prison Service (SPS) to respond. His response is as follows:During a routine cell search a home made weapon was found. This was reported but not in accordance with the timescale laid down in SPS reporting procedures.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Tuesday, 04 March 2003
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Current Status:
Answered by Jim Wallace on 13 March 2003
To ask the Scottish Executive how many convictions were obtained in 2001 under sections (a) 47, (b) 48(2), (c) 49, (d) 49A and (e) 50(4) of the Criminal Law (Consolidation) (Scotland) Act 1995, broken down by sheriff court district.
Answer
In 2001, there were two, zero and four persons respectively with a charge proved where the main offence was under section 48(2), section 49A and section 50(4) of the Criminal Law (Consolidation)(Scotland) Act 1995. The numbers of persons with a charge proved under sections 47 and 49 of the 1995 act are given in the following table.Persons with a Charge Proved Under Sections 47 and 49 of the Criminal Law (Consolidation) (Scotland) Act 1995
1, 2001
| Court | Section 47 | Section 49 |
| All courts2 | 1,425 | 1,270 |
| Sheriff Courts |
| Aberdeen | 39 | 23 |
| Airdrie | 34 | 25 |
| Alloa | 4 | 5 |
| Arbroath | 11 | 5 |
| Ayr | 29 | 21 |
| Banff | 2 | 1 |
| Campbeltown | 0 | 3 |
| Cupar | 12 | 2 |
| Dingwall | 0 | 1 |
| Dumbarton | 33 | 38 |
| Dumfries | 14 | 9 |
| Dundee | 48 | 38 |
| Dunfermline | 6 | 6 |
| Dunoon | 1 | 5 |
| Duns | 2 | 1 |
| Edinburgh | 88 | 88 |
| Elgin | 10 | 7 |
| Falkirk | 23 | 17 |
| Forfar | 3 | 5 |
| Fort William | 2 | 3 |
| Glasgow | 602 | 529 |
| Greenock | 41 | 43 |
| Haddington | 14 | 8 |
| Hamilton | 128 | 108 |
| Inverness | 14 | 5 |
| Jedburgh | 6 | 6 |
| Kilmarnock | 53 | 63 |
| Kirkcaldy | 24 | 22 |
| Kirkcudbright | 0 | 2 |
| Kirkwall | 2 | 2 |
| Lanark | 16 | 15 |
| Lerwick | 0 | 1 |
| Linlithgow | 25 | 14 |
| Lochmaddy | 0 | 1 |
| Oban | 0 | 1 |
| Paisley | 55 | 78 |
| Peebles | 2 | 0 |
| Perth | 15 | 12 |
| Peterhead | 10 | 4 |
| Rothesay | 2 | 7 |
| Selkirk | 9 | 5 |
| Stirling | 10 | 11 |
| Stonehaven | 6 | 1 |
| Stornoway | 2 | 0 |
| Stranraer | 5 | 2 |
| Tain | 2 | 1 |
| Wick | 4 | 3 |
| District Courts |
| Aberdeen City | 0 | 2 |
| Aberdeenshire | 2 | 9 |
| Argyll and Bute | 0 | 2 |
| Dundee City | 1 | 0 |
| East Lothian | 2 | 2 |
| Edinburgh, City of | 0 | 2 |
| Fife | 2 | 0 |
| Glasgow City3 | 1 | 3 |
| Highland | 3 | 0 |
| Moray | 1 | 0 |
| North Lanarkshire | 2 | 0 |
| Scottish Borders | 0 | 1 |
| West Dunbartonshire | 1 | 0 |
| West Lothian | 1 | 0 |
Notes:1. Where main offence.2. Includes a small number of cases dealt with in the High Court.3. Includes stipendiary magistrates court.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 28 February 2003
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Current Status:
Answered by Hugh Henry on 12 March 2003
To ask the Scottish Executive, further to the answer to question S1W-29870 by Mr Jim Wallace on 8 October 2002, what sentences for drug-dealing offences were given by the courts in 2001.
Answer
The available information is given in the table.Persons with a Charge Proved for Drug-Dealing Offences
1, by Type of Sentence, 2001
| Sentence | 2001 |
| Number |
| Total | 1,314 |
| Custody |
| up to 6 months | 230 |
| >6 months to 2 years | 243 |
| >2 years up to 4 years | 93 |
| 4 years and over | 131 |
| Total | 697 |
| Probation2 | 162 |
| Community service | 214 |
| Monetary penalty | 195 |
| Other sentence | 46 |
| Percentage: |
| Custody |
| up to 6 months | 18 |
| >6 months to 2 years | 18 |
| >2 years up to 4 years | 7 |
| 4 years and over | 10 |
| Total | 53 |
| Probation2 | 12 |
| Community service | 16 |
| Monetary penalty | 15 |
| Other sentence | 4 |
Notes:1. Where main offence includes illegal importation, production and supply of drugs, and money laundering and other related offences.2. Includes restriction of liberty orders and drug treatment and testing orders.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Monday, 03 March 2003
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Current Status:
Answered by Jim Wallace on 12 March 2003
To ask the Scottish Executive whether any minister or official will attend the Working Party on Cooperation in Criminal Matters in Brussels on 4 March 2003 which is discussing implementation of the Framework Decision on the European Arrest Warrant under each member state's law and, if so, what issues will be raised.
Answer
No minister or official attended the meeting. Scottish Executive ministers and officials do attend working group and European Council meetings as necessary as part of our regular engagement with the European Union. However, on this occasion, as explained in the answer given to question S1W-32291 on 16 December 2002, the subject matter of the framework decision is reserved and its implementation is a matter entirely for the UK Government. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/search_waAny issues of concern arising from the implementation in Scotland of the framework decision would be raised by the Executive with the UK Government. It would be for the UK Government to decide whether or not any such issue merited discussion at the working party meeting. No such issues were, however, brought to the attention of the UK Government.
- Asked by: Michael Matheson, MSP for Central Scotland, Scottish National Party
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Date lodged: Thursday, 27 February 2003
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Current Status:
Answered by Jim Wallace on 12 March 2003
To ask the Scottish Executive whether the key performance indicator shown on page nine of the Scottish Prison Service (SPS) Annual Report and Accounts 2001-02 in respect of the average annual cost per prisoner place is for uncrowded prisoner places and what the reasons are for the position on this matter.
Answer
The Key Performance Indicator (KPI) on cost per prisoner place, set out in the SPS Annual Report and Accounts 2001-02, is based on "design capacity" and not on the actual number of prisoners. The KPI measure is computed in this way to avoid the problems that fluctuations in population numbers would create and to provide a consistent base to measure performance over time.This indicator has been used since the SPS was established as an executive agency in 1993.
