Chamber and committees

The Scottish Government has commissioned Healthcare Improvement Scotland and the Care Inspectorate to develop Scotland-specific standards for Barnahus. Draft standards will be shared for consultation at the end of 2019 and publication of finalised standards is timetabled for summer 2020.

The use of exclusion zones as a licence condition for parole is being considered in light of the public consultation on parole. We will reflect on whether the conclusions of this are applicable to temporary release. In addition, in implementing the Management of Offenders (Scotland ) Act 2019 we will be looking at the introduction of new technology, such as global positioning system technology, which presents opportunities to improve the effectiveness of electronic monitoring.

As set out in my answer to questions S5W-22749 on 2 May 2019 and S5W-19571 on 7 November 2018, we were seeking an Order under section 104 of the Scotland Act 1998 to facilitate recovery of the surcharge via deduction from benefits and bring Scotland into line with the powers that already exist in England and Wales.

The Victims and Witnesses (Scotland) Act 2014 (Consequential Modification) Order 2019 http://www.legislation.gov.uk/uksi/2019/1092/signature/made subsequently came into force on 8 July 2019.

We intend to lay the Victim Surcharge (Scotland) Regulations, which will implement the surcharge, before the Scottish Parliament shortly.

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 .

I refer the member to the answer to question S5W-21680 on 1 March 2019.
In addition, the Restorative Justice Action Plan https://www.gov.scot/publications/restorative-justice-action-plan/ , published in June, sets out in more detail the analysis which underpinned its development and the actions planned to achieve our vision of having restorative justice available across Scotland to all those who wish to access it, and at a time that is appropriate to the people and cases involved. 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 .

I have asked Colin McConnell, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

Operational guidance has been developed to support our staff to better understand how to minimise exposure to unknown substances. As new and emerging substances come to our attention, this guidance will be reviewed in order to ensure that the health and safety of staff is maintained at all times. SPS also has robust mail handling procedures in place across all Scottish prisons to deter and disrupt attempts to introduce illicit articles to the prison estate and support the identification of any substances recovered.

SPS is currently trialling technology across a number of sites to support the identification of illicit substances on paper. Early indications suggest that this technology is preventing illicit substances from entering our prisons.

A Strategic Risk and Threat Group (SRTG) has also been established which is responsible for providing an overview of any emerging threats and the deployment of resources and tactical options. The SRTG is responsible for the management of a national tasking log which supports planned programmes of large scale tactical searching across the estate. These searches are frequently supported by trained drug detection dogs able to identify illicit substances which have been impregnated on to paper.

Our Guidance for the Delivery of Restorative Justice in Scotland https://www.gov.scot/publications/guidance-delivery-restorative-justice-scotland/ , published in 2017, provides direction to ensure that, where restorative justice services are available, these are delivered in a coherent, consistent and victim-focused manner.

In addition, our vision as set out in the Restorative Justice Action Plan https://www.gov.scot/publications/restorative-justice-action-plan/ , published in June, seeks to ensure the needs of persons harmed and their voices are central to the restorative justice process.

There is no direct relevance of the independent Miners’ Strike Review to the work of the Victims Taskforce, to improve support, advice and information for the victims of crime.

The Catalogue of Initiatives, which makes reference to the Miners’ Strike Review, was developed to provide information about the wider justice policy environment. Entries are intended to provide context and are reviewed and updated on a regular basis.

Delivering Community Payback Orders (CPOs) and ensuring completion of these orders is the responsibility of the relevant local authority. National completion rates for Community Payback Orders (CPOs) are 70%, as reported in the Criminal Justice Social Work statistics for 2017-18.

The Scottish Government is working with national and local partners including Community Justice Scotland, Social Work Scotland, the Care Inspectorate, local authorities and third sector partners to help ensure orders are implemented as effectively as possible and improve completion rates where possible. The national Community Justice Leadership Group, which I co-chair with COSLA, will drive action to improve the delivery of community justice services across Scotland, with a focus on supporting rehabilitation and reducing reoffending whilst promoting public safety.

Updated CPO Practice guidance was published earlier this year which supports effective practice, and included a focus on breach and compliance, and reiterates the importance of successful completion.

We value the work of justice social workers and unpaid work managers in helping ensuring individuals successfully complete their orders. This is particularly the case when they are dealing with people who have chaotic lifestyles, which may include mental health issues and/or a history of drug or alcohol problems.

Outcomes are likely to be influenced by who gets the orders in the first place, the nature of the offending and their underlying needs. Some caution is therefore needed against seeing completion rates as the sole indicator of effectiveness. Short custodial sentences are not an effective alternative as 35% of those who receive short sentences are reconvicted and given further custodial sentences within a year.

We have established the Victims Taskforce to improve the experiences of victims of crime as they interact with the justice system We have also committed to improving the support and information available to victims and their families in relation to temporary prison release arrangements.

Victims are informed that it is the role of the Scottish Prison Service to ensure that the sentence is served in accordance with the law, to challenge the factors that lead to the offending in the first place and to help individuals prepare for their return to the community better prepared to live a life free of offending should they wish to do so. This includes improving their work prospects by teaching new skills, providing education and work opportunities as well as ensuring that the necessary systems are in place to support the individual as well as manage any risks. However, if a representation (by individuals who have joined the Victim Notification Scheme) contains information which is relevant to risk this may prevent a prisoner from being temporarily released.

For individuals who have joined the Victim Notification Scheme, and have expressed a desire to make representations in relation to licence conditions under section 17 of the Criminal Justice (Scotland) Act 2003, Scottish Prison Service will write to seek their representations no less than two weeks before any decision will be taken on release. This includes prisoners who are: on Home Detention Curfew; on temporary release (but only on the first occasion that the prisoner is considered); or being considered for release by the Parole Board for Scotland.