Chamber and committees

As I outlined in my written response of 15 June 2020 to question S5W-29808, the law on arrest and police custody was substantially reformed by the Criminal Justice (Scotland) Act 2016 to provide a modern framework, consistent with the requirements of Article 5 of the European Convention on Human Rights. Article 5 secures the right to liberty. The suggestion that all persons arrested for coughing or spitting on police officers during the COVID-19 pandemic, should be detained in custody, would not be consistent with this legal framework.

Lord Advocate’s Guidelines on the Liberation of Accused Persons in the context of COVID-19 have been published and are consistent with the legal framework regarding a person’s right to liberty. The Lord Advocate’s Guidelines enable the detention in custody of accused persons, including those persons accused of assaulting police officers in the manner described during the pandemic, where that is properly justified.

An accused person who has been detained in custody by the police must be brought before the court, which will determine whether or not the accused should continue to be remanded in custody pending trial or granted bail (section 22A of the Criminal Procedure (Scotland) Act 1995 (the 1995 Act)). Thereafter, any decision to review the release, or otherwise, of an accused person from custody is a matter for the court, following an application for bail review under section 30 of the 1995 Act or following a bail appeal under section 32 of the Act. Section 24 of the 1995 Act also gives the Lord Advocate power to admit an accused person to bail.

These are not decisions for the Scottish 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.parliament.scot/parliamentarybusiness/28877.aspx

The Scottish Crime and Justice Survey (SCJS) methodological paper on response rates found that a small reduction in the proportion of those taking part has not had a meaningful impact on data quality, although it cannot be assumed that any additional fall would have the same effect. As such we continue to encourage those requested to take part in the SCJS, so that their experiences can help support the ongoing evaluation of trends in crime and the response of Scotland’s justice system.

Any changes to the method of data collection, such as moving to virtual face-to-face surveys, may have an impact on accessibility and inclusion (i.e. excluding those without access to digital technology), response rates and ultimately survey bias. They are also likely to have an impact on the comparability of results to earlier survey years as a respondent may not give exactly the same answer in a virtual interview to what they may have said to an interviewer in person (i.e. the current method of data collection). This is particularly pertinent to the SCJS where sections on more sensitive topics (for example partner abuse) are completed by the respondent themselves using the interviewer's laptop or tablet as part of the main interview. As such changes to the method of collection would need careful consideration, given the value users of these statistics attach to their ability to compare results over different time periods.

Further to this, statisticians are continuing to keep the method of data collection for Scottish Government household surveys under review, particularly given the suspension of face-to-face interviewing from the 17 th March to help prevent the spread of COVID-19. In the short term we continue to speak with public health advisors on when it will be safe to resume face-to-face interviewing for the SCJS, though depending on the length of the suspension we will also consider with the other survey leads and the Office of the Chief Statistician what options there may be for collecting data through alternative means, including any role that online interviews may have.

The Scottish Government is working with partners on the Serious Organised Crime Taskforce to reduce opportunities for criminals to exploit individuals’ concerns generated by the COVID-19 crisis and have been raising awareness of the potential risks.

The effort to raise awareness among the public is being delivered through various means such as Police Scotland’s ‘Shut out Scammers’ campaign and the opportunity for the public to subscribe to Trading Standards Scotland’s Scam Share e-Bulletin. The Scottish Government Cyber Resilience Unit is working with partners including the UK Government, National Cyber Security Centre, Scottish Business Resilience Centre, Scottish Council for Voluntary Organisations and Police Scotland to support a regular bulletin which provides a collated source of trusted actionable cyber threat and scams advice that businesses, charities and umbrella organisations can amplify in their messaging to their staff and the wider public.

The Scottish Government has provided guidance to Scottish local authorities and other public sector organisations giving grants to mitigate the effects of Covid 19 requiring them to ensure that procedures for administering the grants are robust and include due diligence to mitigate fraud.

Arrangements for the efficient disposal of business in the courts is the responsibility of the senior judiciary. As set out in Sheriff Principal Pyle’s report, the pilot of virtual summary trials in Aberdeen and Inverness involved cases deliberately chosen by the Crown and defence as being less complex trials suitable for the pilot. The report recommends that, in order to maintain momentum, the rollout of such trials should continue to use this model with defence agents and the Crown co-operating to identify suitable straightforward cases where virtual proceedings can take place. Sheriff Principal Pyle acknowledged that the success of the virtual trials in Aberdeen and Inverness was down to all the parties involved embracing the concept of virtual courts and that this approach should be replicated as the model is rolled out. While the operation of the courts is a matter for the senior judiciary, the progress of virtual summary trials is being considered as part of wider work to support the recovery of the justice system being overseen by the collaborative Justice Board for Scotland.

The Scottish Government welcomes the report by Sheriff Principal Pyle and also recognises the importance of stakeholder engagement in the development of virtual summary trials, in particular the engagement of defence agents, the Crown and third sector organisations. The successful completion of these ground breaking virtual trials is a testament to the hard work and collaborative approach taken by those working in Scotland’s courts and throughout the wider justice system. We will continue to work with our justice partners and stakeholders to ensure that progress is made both in terms of tackling the backlog of summary cases which has built up as a result of COVID-19 and also in respect of the overall modernisation of the court system.

While it is the responsibility of the Scottish Police Authority (SPA) to hold the Chief Constable to account I would like to draw your attention to the fact that 87.6% of people in Scotland have experienced no crime in 2018-19 and that 78% of adults felt very or fairly safe walking alone in their neighbourhood after dark.

This is an increase of 12% since 2008-9 demonstrating that the public continue to hold a generally positive perception about the police and justice system.

This has also been reflected in the recent public survey commissioned by the SPA (Policing Lockdown: The Public’s View) which identified that there is a high level of support and confidence in the police during the pandemic.

I would also like to highlight that the proportion of adults who were a victim of crime has fallen from one-in-five (20.4%) in 2008-09 to one-in-eight (12.4%) in 2018-19 and that overall crime is down by 45% since 2008-09, and by 20% since 2016-17 to the lowest level ever estimated by the Scottish Crime and Justice Survey.

Adults in Scotland are now less likely to experience crime than those in England & Wales, who had an equivalent victimisation rate of 14.9% in 2018-19.

Violent crime is down by 48% and property crime by 44% since 2008-09 and the proportion of younger adults experiencing violent crime has almost halved between 2008-09 and 2018-19, from 12.0% to 6.1%.

These results are consistent with our recorded crime figures over the longer term which show crime is at one of the lowest levels since 1974.

The survey findings also show that public confidence in the police is broadly higher than in 2008-09 and that the majority of people who have come into contact with the police in recent years reflect positively on their experience.

We have also established a Victims Taskforce, which I co-chair along with the Lord Advocate, which is focusing on improving the experiences of victims and witnesses. Membership consists of senior decision makers in justice, support, legal and local authority sectors.

The Scottish Government has also committed £17.9 million for victim support services.

While the allocation and prioritisation of resources is for the Chief Constable and SPA to determine. The Scottish Government are protecting Police Scotland’s resource budget in real terms in every year of the current Parliament, delivering a boost of over £100 million by 2021. Furthermore, at the last Scottish budget announcement, the Scottish Government increased the policing budget by £60 million, a 5.1% rise compared to 2019-20.

The First Minister and I have been absolutely clear in urging those who wish to demonstrate to find alternative ways to express their feelings, such as making good use of social media. At this difficult time no large gatherings of any sort should be taking place. There is currently no formal notification process for demonstration organisers to inform local authorities about static protests, that is why during the Covid-19 pandemic I have been actively engaging with Police Scotland and Local Authorities to ensure that those meeting outdoors follow the regulations and guidelines. I will continue to work with partner organisations to make this message clear.

Decisions on the frequency of Scotland’s Official Statistics on police recorded crime are a matter for independent Scottish Government statisticians and the Scottish Crime Recording Board (SCRB), rather than Ministers. A monthly publication of crime statistics was introduced to inform users about the volume and type of crimes and offences recorded in Scotland during the Coronavirus (COVID-19) pandemic. These publications also informed users that the Scottish Government will continue to publish monthly crime statistics up to the release of the September 2020 figures in October. After that point, the SCRB will review whether and how this process should continue, including user feedback on the value of these statistics.

As I advised the Justice Committee in my letter of 24 June, officials in the Scottish Government’s Justice Analytical Services and the Scottish Courts and Tribunals Service have been working on modelling that sets out an analysis of the potential court backlog, and this work will be shared with the Committee. Officials within Justice Analytical Services will also contact the Scottish Parliament Information Centre to share some of the underlying modelling with researchers there.

Whilst the Scottish Crime and Justice Survey shows that volume of crime has fallen significantly since 2008-09 (down 45%), we know crime reporting rates have remained stable throughout that period, and are similar to the rates in England and Wales. Adults in Scotland are now less likely to experience crime than those in England and Wales, who had an equivalent victimisation rate of 14.9% in 2018-19.

There are many reasons why people do not report crime to the police, for example some victims view these incidents as private, personal or family matters.

We are clear that we want victims to report crime to the police in order to access justice and we also want victims to have access to the support services they need and deserve. We are taking forward a range of actions both to encourage greater reporting and to encourage the uptake of support.

The total number of police officers – 17,431 (as at 31 March 2020) – is an increase of 1,197 police officers (+7.4%) from the position in 2007, and strengthening public contact and engagement is a key objective of Policing 2026.

In 2020-21 we are providing funding to Neighbourhood Watch Scotland (£115,000) and Crimestoppers Scotland (£99,000) to assist with their work in addressing crime, community safety and empowering victims to speak up. In 2018-19 there were 1,414 positive outcomes (arrest and charge, prevention, disruptions, referral to a support organisations and interventions) as a result of reports to Crimestoppers.

Victims and witnesses of crime who suffer fear or distress have a right to have special measures taken in court – such as providing evidence via video link, or behind a screen to avoid having to come face to face with the accused. The Standards of Service for Victims and Witnesses published by Police Scotland, Crown Office and Procurator Fiscal Service, the Scottish Courts and Tribunals Service, the Scottish Prison Service and the Parole Board for Scotland ensure that victims and witnesses know what they have a right to expect during their interaction with these agencies.

In 2020-21 we are providing £18 million to support victims of crime, including to third sector organisations who provide practical and emotional support to victims and their families. The Victims Taskforce has been established to improve support, advice and information for victims of crime and their families as they interact with the justice system. Further information on the Taskforce can be found here https://www.gov.scot/groups/victims-taskforce/ .

A Taskforce work stream chaired by Rape Crisis Scotland and Scottish Women’s Aid considers issues specific to victims of gender based violence and is taking forward a roundtable on the safeguarding of privacy rights for sexual offence victims and barriers to reporting.

Additionally, the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Bill empowers victims, giving them greater choice which may positively influence their decision to report the crime to police and encouraging those who may be reluctant to make a police report to access appropriate NHS services.

In 2017 we published an ambitious programme of work to tackle hate crime and build community cohesion and the Cabinet Secretary for Communities chairs an Action Group to take this work forward. Key priorities include raising awareness of hate crime and encouraging reporting. We encourage anyone who has experienced or witnessed a hate crime to report it to the police or by using one of the many third party reporting centres across Scotland. We have also expanded our Navigators programme to reach more vulnerable people when they attend Hospital A&E, helping them access the services and support they need.