Chamber and committees

I have asked John Ewing, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

The Prison and Young Offenders (Scotland) Rules 2011 provide for prisoners to send and receive letters. The rules also provide for prisoners to make telephone calls. Children can use the “email a prisoner.com” scheme, where it operates, to email their relative in custody.

The Scottish Government’s position is that it is for the courts to decide on the most appropriate sentence, within the overall legal framework, in all cases. The complete independence of the judiciary in making sentencing decisions is at the heart of the criminal justice system in Scotland and it is appropriate that sentencing decisions are entirely a matter for the judge, who hears all the facts and circumstances surrounding the offence and the offender, and takes into account any factors which they consider to be relevant before reaching a view on whether a custodial sentence or non-custodial sentence should be imposed.

The courts are required to request a Criminal Justice Social Work Report (CJSWR) when considering imposing a custodial sentence on an individual under the age of 21 or who has not served a previous custodial sentence (unless a report has already been prepared on the individual within the last three months). The purpose of the CJSWR is to provide the court with information and advice that they need in deciding on the most appropriate way to deal with offenders, including the family circumstances of the offender. If the CJSWR did not fully reflect the offender’s family circumstances it would be possible for the defence solicitor to bring any additional matters to the court’s attention. Where the law does not require the court to ask for a CJSWR, the court can exercise its discretion to request one and, in most cases, the court will generally ask for a CJSWR if a custodial sentence is likely.

The circumstances where a parent is placed into police custody will vary greatly and each case will be different. It is an operational matter for the police to determine appropriate action during and following the removal of a parent into police custody. The welfare of the child is of paramount importance and in some cases there will be a need for a multi-agency approach, involving the police, social work and childcare professionals to carefully consider the child’s needs, any views expressed by the child, and, if required, consider and put in place suitable measures in order to protect the child.

At the point of sentencing by the court, the courts can request a Criminal Justice Social Work Report (CJSWR) when considering imposing a custodial sentence on a parent. As part of the reporting process, the report writer will interview the individual who is being considered for a custodial sentence and the report writer may also decide to interview other people as part of the reporting process. This could include family members in order to take into account their views and explore the impact on the family of the offending behaviour. The report writer will also consider the potential impact of a community disposal as well as the implications of a custodial sentence for children and other family members. The CJSWR will normally contain details of which persons were interviewed, but only where the report writer is confident that this will not place anyone in danger.

The Scottish Government recognises the important role access to employment, training and education can play in helping young people move on from the experience of homelessness and the challenges they may encounter in this regard.

On the specific issue of incentives to enter further education and higher paid work, students from low-income backgrounds, including homeless students, are able to apply for the highest rate of student support, including non-repayable bursary support. This is paid instead of part of the student loan; thereby reducing the amount of loan such students need to take out.

In addition to this, on a day-to-day basis such students would be eligible for support from the Discretionary Funds that are managed by the institutions themselves. Skills Development Scotland also offers Individual Learning Accounts to support learning chosen by an individual and which can be accessed by those that are on lower incomes or benefits.

We have established the Supported Accommodation Implementation Group with a specific focus on homeless young people, which will report by November 2012. It is taking forward the recommendations of the Supported Accommodation Working Group, which address the theme of employability. We also fund the Scottish Homelessness and Employability Network (SHEN) to share practice and address challenges around this issue and highlight its importance to cross sector partners.

The Scottish Government is committed to addressing homelessness amongst young people, underpinned by our commitment to the target that all those assessed as unintentionally homeless by local authorities will be entitled to settled accommodation by the end of this year.

In working to meet this target, we are prioritising the prevention of homelessness through the promotion of the housing options approach being taken forward by five regional local authority hubs. Housing options looks at an individual’s circumstances in the broadest sense when they approach an authority for assistance and may consider issues of particular importance in preventing homelessness amongst young people, such as employability or the need for mediation.

We recognise the particular challenges that may be faced by young people at risk of homelessness and the support that may be required to help sustain tenancies. The cross sector Supported Accommodation Implementation Group has been established to take forward the recommendations of the Supported Accommodation Working Group, with a particular focus on the needs of young homeless people. The implementation group will report in November 2012.

I have asked John Ewing, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

There are currently no children in the mother and baby unit at HMP Cornton Vale. With regard to prisoners who have children residing with them when they are not in custody, the SPS does not routinely collect such information.

The Scottish Government will ensure that voters have the information they need to participate in the national debate and to make an informed decision in the referendum. The government will set out full details of the proposals on offer to the people of Scotland in a comprehensive white paper on independence. The Scottish Parliament overwhelmingly supported a motion on 26 January 2012 which acknowledged the sovereign right of the Scottish people to determine the form of government best suited to their needs and asserted the right of the Scottish people to make a clear, unambiguous and decisive choice on the future of Scotland. The government is confident the people of Scotland will agree that independence is the right choice. Whatever the outcome the Scottish Government will continue to focus government and public services on creating a more successful country with opportunities for all of Scotland to flourish.

I refer the member to the answer to question S4W-05459 on 5 March 2012. Maintaining a currency zone between an independent Scotland and the United Kingdom would be in the economic interests of both countries. Under a formal monetary union, interest rates would be set for the whole of the Sterling Zone in order to ensure price stability.

An independent Scotland in a formal monetary union would have the fiscal freedom to tailor policies to enhance the performance of the Scottish economy.

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/parliamentarybusiness/28877.aspx.

I refer the member to the answer to question S4W-05459 on 5 March 2012. An independent Scotland would take responsibility for matters presently reserved to the UK Government, so existing civil service posts currently relating to reserved matters will still be required. The comprehensive white paper on independence to be published in November 2013 will detail the positive platform for Scotland's future on which Scottish voters will be asked to decide.

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/parliamentarybusiness/28877.aspx.