Chamber and committees

The Scottish Sentencing Council is an independent body under the terms of the statute agreed by the Scottish Parliament.

Section 7 of the Criminal Justice and Licensing (Scotland) Act 2010 ("the 2010 Act") provides that the Scottish Ministers may request that the Scottish Sentencing Council consider preparing, for the approval of the High Court of Justiciary, sentencing guidelines on any matter or review any sentencing guidelines published by the Council. Section 7 provides that the Council must have regard to any request made by the Scottish Ministers in respect of guidelines. However the Council is not obliged to agree with any request and section 7 provides that if the Council decides not to comply with a request made by the Scottish Ministers, it must provide the Scottish Ministers with reasons for its decision.

Section 12 of the 2010 Act provides that the Council must consult with, amongst others, the Scottish Ministers in preparing their business plan.

Under the Judiciary and Courts (Scotland) Act 2008 and the Scottish Courts and Tribunals Service (Administrative Support) (Specified Persons) Order 2015, the Scottish Courts and Tribunals Service (SCTS) has the statutory function of providing, or ensuring the provision of, the property, services and staff for the Scottish Sentencing Council. SCTS receives annual funding from the Justice portfolio of the Scottish Government covering all their responsibilities including in respect of the Scottish Sentencing Council.

The Scottish Sentencing Council was established in October 2015. An annual report is published each year by the Scottish Sentencing Council and this annual report includes details of their allocated funding from SCTS for each year of operation. Decisions about the annual budget of the Scottish Sentencing Council are a matter for SCTS.

https://www.scottishsentencingcouncil.org.uk/media/1893/scottish-sentencing-council-annual-report-2017-18.pdf

https://www.scottishsentencingcouncil.org.uk/media/1549/scottish-sentencing-council-annual-report-2016-17.pdf

https://www.scottishsentencingcouncil.org.uk/media/1493/annual-report-2015-16-website-version.pdf

The Scottish Government supports measures which protect the health of the public. Any testing would have to be in accordance with the law under the Misuse of Drugs Act 1971 which would be a matter for the agency involved and Police Scotland.

The Scottish Government is prepared to take forward innovative, evidence-based approaches, even if at first they may be unpopular or controversial. This is highlighted by our support for the principles behind Glasgow’s proposals for ‘safer drug consumption facilities’ and 'heroin assisted treatment’ in the city.

In October 2018, I met with the UK Government, who remain opposed to changing the law or devolving powers in order to facilitate the introduction of ‘safer drug consumption facilities’.

We have just released further funding to help reduce the harms caused by alcohol and drugs, bringing the total provided to more than £70 million this financial year. Since 2008, we have invested over £746 million to tackle problem alcohol and drug use.

As we committed to in this year’s Programme for Government, we will consult on specific measures to make parole processes more open and transparent. This will include consulting on measures to provide victims and their families with information on Parole Board decisions, as well as mechanisms to strengthen the voice of victims in parole processes. The consultation will be published before the end of the year. These issues and other PfG commitments to improve support for victims will be considered by the Victims Taskforce, which will be co-chaired by the Justice Secretary and the Lord Advocate and will meet for the first time on 12 th December.

In all criminal cases where an offender is sentenced to a period of imprisonment, victims have a right to be told about the release of the relevant prisoner.

In cases where the offender has been sentenced to 18 months imprisonment or more, victims and their families can register with the Victim Notification Scheme (VNS).

The VNS is in two parts and victims and their families can opt into either, or both. Part One of the scheme provides registered victims with information about a prisoner’s release, death or if they abscond. Part Two of the scheme, allows the victim to make representations to the Scottish Prison Service in advance of a prisoner being considered for temporary release, release on Home Detention Curfew or consideration by the Parole Board. Further information about the VNS can be found here: https://www.mygov.scot/after-the-verdict/victim-notification-schemes/ .

We want to do more to support victims to navigate the parole system. That is why we will consult on measures to improve the openness and transparency of the parole process before the end of this year. This consultation will also seek views on how to strengthen the voice of victims in relation to parole and improve the provision of support and information. These issues and other Programme for Government commitments to improve support for victims will be considered by the Victims Taskforce, which will be co-chaired by the Justice Secretary and the Lord Advocate and will meet for the first time on 12 th December.

I refer the member to the answer to question S5W-19930 on 28 November 2018 . All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx .

Under the current system the Scottish Government cannot directly regulate the amount of legal aid work solicitors firms undertake. Any changes made to the legal aid system via primary or secondary legislation are subject to a Business Regulatory Impact Assessment. Unlike in England and Wales where, for example, legal aid provision for housing and family law now lies largely out of scope, the Scottish Government has retained wide scope for legal aid. To assess the legal aid system in Scotland as a whole and ensure its future sustainability can be secured, Ms Ewing, the then Minister of Community Safety and Legal Affairs, commissioned an Independent Strategic Review of Legal Aid in Scotland that reported in February 2018. The report acknowledged that there are areas (both geographically and by area of law) where there is an over or undersupply of legal services. The Scottish Government response to the review will be issued on 29th November 2018.

While such cases should be reported to Scottish Water in the first instance, several different statutes cover possible actions and may apply. Scottish Water, SEPA and Roads Authorities therefore may work together to investigate alleged incidents of unauthorised disposal of human waste into drains or sewers. In cases reported to Scottish Water, it does not issue fines directly for offences, it reports these to the Crown Office and Procurator Fiscal Service. It is the policy of Scottish Water to work with dischargers to remediate existing or potential problems from unauthorised discharges to the public sewer. Where an unauthorised discharge poses a serious risk or causes harm, Scottish Water will consider submitting a report to the Procurator Fiscal. In the last three years Scottish Water has submitted two reports, however neither proceeded to court.