- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Friday, 13 July 2012
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Current Status:
Answered by Kenny MacAskill on 27 July 2012
To ask the Scottish Government how many prosecutions there have been under section 51 of the Criminal Justice (Scotland) Act 2003, broken down by year.
Answer
Section 51 of the Criminal Justice (Scotland) Act 2003 does not create a specific criminal offence and therefore there have been no prosecutions under this particular section. Instead, section 51 creates a list of factors which must be considered by the court in any prosecution of common law assault on a child, where the defence raise the issue of 'justifiable assault' (reasonable chastisement).
As records are not kept on the defence position at any trial, it is not possible to state how many times this section has been raised during a prosecution of an assault on a child.
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Friday, 13 July 2012
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Current Status:
Answered by Kenny MacAskill on 27 July 2012
To ask the Scottish Government how many prosecutions there have been under section (a) 50 of the Civic Government (Scotland) Act 1982 and (b) 12 of the Children and Young Persons (Scotland) Act 1937 in each year since 1999.
Answer
The available information is given in the following table.
People proceeded against in Scottish Courts under the Civic Government (Scotland) Act 1982 Section 50 and the Children and Young Persons (Scotland) Act 1937 Section 121, 1999-2000 to 2010-11:
Financial year
|
Civic Government
(Scotland) Act 1982 Section 50
|
Children and Young Persons
(Scotland) Act 1937 Section 12
|
1999-2000
|
437
|
185
|
2000-01
|
401
|
169
|
2001-02
|
337
|
182
|
2002-03
|
322
|
216
|
2003-04
|
348
|
270
|
2004-05
|
265
|
217
|
2005-06
|
218
|
161
|
2006-07
|
183
|
197
|
2007-08
|
168
|
239
|
2008-09
|
112
|
201
|
2009-10
|
114
|
163
|
2010-11
|
89
|
182
|
Note: 1. Where main offence.
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Wednesday, 20 June 2012
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Current Status:
Taken in the Chamber on 28 June 2012
To ask the Scottish Executive what discussions it has had with the Indonesian Government.
Answer
Taken in the Chamber on 28 June 2012
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Wednesday, 30 May 2012
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Current Status:
Taken in the Chamber on 7 June 2012
To ask the Scottish Executive what its position is on the possibility of waste material being transported from Dounreay to Sellafield.
Answer
Taken in the Chamber on 7 June 2012
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Wednesday, 16 May 2012
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Current Status:
Taken in the Chamber on 24 May 2012
To ask the Scottish Executive what progress has been made in implementing Scotland’s Digital Future - Infrastructure Action Plan.
Answer
Taken in the Chamber on 24 May 2012
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Thursday, 03 May 2012
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Current Status:
Taken in the Chamber on 10 May 2012
To ask the First Minister what impact the recent increase in the cost of postage will have on the Scottish economy.
Answer
Taken in the Chamber on 10 May 2012
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Wednesday, 18 April 2012
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Current Status:
Answered by Alasdair Allan on 26 April 2012
To ask the Scottish Executive at what stage phase III of the Scotland’s Schools for the Future programme is.
Answer
Scottish Government wrote to all local authorities on 24 February requesting applications for funding under phase 3 of the Schools for the future programme.
Authorities are currently considering their bids and have until 21 July to submit an application.
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Friday, 23 March 2012
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Current Status:
Answered by Lesley Thomson on 12 April 2012
To ask the Scottish Executive what guidance has been issued to the Crown Office and Procurator Fiscal Service about its staff or representatives discussing the matter of a precognition with an individual approached for precognition by counsel for an appellant.
Answer
The Crown Office and Procurator Fiscal Service has issued comprehensive guidance to staff on the precognition process including guidance for witnesses who are asked to provide a statement or precognition to the defence. The guidance states that witnesses should generally be encouraged to co-operate with requests for precognition. Accordingly, while there may on rare occasions be particular circumstances which mitigate against a witness providing a precognition at specific points in the investigation of a criminal offence, the general approach taken by the Crown Office and Procurator Fiscal Service is to encourage witnesses to co-operate with such request for precognition.
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Tuesday, 20 March 2012
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Current Status:
Answered by Keith Brown on 4 April 2012
To ask the Scottish Executive what regulations there are requiring haulage companies to obtain an escort for their vehicles on public roads.
Answer
The movement of abnormal loads is a reserved matter. There are currently no legislative requirements for abnormal loads to be escorted; however, in the interests of public safety the police decide when an escort is required. The Highways Agency on behalf of the Department for Transport has published a Code of Practice and Operating Guidance on Abnormal Load Escorting which gives guidance on when an escort vehicle is required. This may be a police escort or a Self-Escort and is a matter for the police.
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Tuesday, 20 March 2012
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Current Status:
Answered by Keith Brown on 4 April 2012
To ask the Scottish Executive whether the police can insist on undertaking escort duties for haulage company vehicles on public roads and, if so, under what legislation.
Answer
Where a haulage company vehicle’s laden dimensions exceed a defined overall width, length or weight the police in the interest of public safety will decide whether an escort vehicle is required and whether the escort is provided by the police or the haulier. There are currently no legal requirements for abnormal loads to be escorted; however there are legal requirements for the haulier to provide an attendant dependent on the dimensions of the load.