Chamber and committees

The Scottish Government does not hold the data requested.

The Crown Office and Procurator Fiscal Service is responsible for issuing Victim Notification Scheme packs. They have advised that the number of packs issued over the last 3 years is:

2018-19 1,880

2019-20 1,788

2020-21 1,158

Eligible victims can register for the scheme at any time. The Scottish Prison Service have advised that the numbers of victims who have opted to register for the scheme in the last 3 years, are as follows:

2018-19 443

2019-20 472

2020-21 306

The most recent reconviction rates show that 29% of people with a Community Payback Order (CPO) imposed in 2017-18 were reconvicted within a year, which is the lowest rate since they were introduced. These statistics are not typically broken down in regard to different requirements within CPOs such as unpaid work or supervision. However, Justice Analytical Services published ‘Community Payback Orders: What the Unit Level Data Tells Us So Far’ in February 2020 which found that the reconviction rate for those given unpaid work between 2012-13 and 2014-15 was 33% where this was accompanied by justice social work supervision, and 27% where it was not. These figures compare with 41% for those given orders with no unpaid work. While no conclusions can be drawn about the impact of unpaid work on offending behaviour, this may suggest that individuals who do not have unpaid work imposed are likely to have more complex and entrenched issues to address and may have greater likelihood of reoffending.

Overall, CPOs are an important aspect of a sustained focus on prevention and effective community interventions which has helped see Scotland’s reconviction rate fall to its lowest level since comparable records began more than 20 years ago.

CPOs offer opportunities for rehabilitation by requiring individuals to tackle the underlying causes of their offending behaviour. They also deliver real benefits to communities, and while capacity to deliver unpaid work has been significantly impacted by the coronavirus pandemic, around 9 million hours of unpaid work have been carried out since CPOs were introduced.

The Victims Taskforce was established in December 2018 to co-ordinate and drive action to improve the experience of victims and witnesses in the criminal justice system - it is not in the Taskforce’s remit to recommend legislative change.

A number of legislative changes have been progressed by the Scottish Government since the inception of the Taskforce that advance or facilitate actions in the Taskforce’s work plan and provide a legislative framework within which further improvements can be made. Examples of primary legislation include the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019, the Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021 and the Hate Crime and Public Order (Scotland) Act 2021. Furthermore, various pieces of secondary legislation have seen the implementation of the Domestic Abuse (Scotland) Act 2018, the establishment of the Victim Surcharge Fund, the creation of a statutory Appropriate Adult service, more flexible powers to pilot improvements to the victim statement scheme and changes to Parole Board Rules to ensure victims are better informed, more involved and receive greater support ahead of prison release decisions.

The forensic analysis of digital items and the management of any backlog are matters for the Chief Constable and Police Scotland.

Police Scotland are committed to providing the best possible service to the victims of crime and witnesses and will only examine a digital device where there is a legal basis and where it is necessary, justified and proportionate to the incident or crime under investigation. The number of digital items in Police Scotland’s possession currently awaiting forensic analysis demonstrates the importance of examination of digital devices for modern criminal investigations. Police Scotland recognises the demand in this complex area and consideration is being given to investment in additional staffing, technology and partnerships in order to enhance their existing capabilities in this area.

Police Scotland’s recently published Cyber Strategy and ongoing strategic Cyber Capabilities Project is evidence of their prioritisation of cyber related demand.

Police Scotland are using their internal management information, detailing how many Cyber Kiosk examinations have been progressed in the previous month, to assist in identifying areas for improvement and to enable them to move forward in this complex area.

The Welfare and Wellbeing of Police Officers, and the allocation of resources, is a matter for the Chief Constable of Police Scotland and the Scottish Police Authority.

Officers and staff can access a range of services to care for their physical and mental health through Police Scotland's “Your Wellbeing Matters” programme. This includes the introduction of Wellbeing Champions, and has resulted in raised awareness of the services available such as occupational health and employee assistance, which offer counselling, and specific interactions through the Trauma Risk Management programme (TRiM). We continue to support policing in Scotland and despite constraints on Scotland’s public services, through a decade of UK austerity, policing services have been maintained and improved and we will protect the police resource budget in real terms for the entirety of this Parliamentary term, as we did for the last. We have invested over £10 billion in policing since the creation of Police Scotland in 2013 and have increased the policing budget by £75.5 million in 2021-22.

We have made a commitment to increase the direct investment into mental health services by at least 25% and ensure that, by the end of the parliament, 10% of our frontline NHS budget will be invested in mental health services.

We have also set our plan to prevent, mitigate and respond to the mental health impacts of the Covid-19 pandemic through our ‘Mental Health Transition and Recovery Plan’, published in October 2020, which sets out our response to the mental health effects of the Covid-19 pandemic, containing over 100 actions. The Plan is supported by a £120 million Recovery and Renewal fund, announced in February 2021. The Fund will transform services, with a renewed focus on prevention and early intervention. We expect total spend, including by NHS Scotland, on mental health in 2021-22, to be in excess of £1.2 billion.

The offences related to 'Finn’s law' would be reported under Section 19 (1) of the Animal Health and Welfare (Scotland) Act 2006.

No such charges relating to attacks on service animals have been reported to the Crown Office and Procurator Fiscal Service since the introduction of the Act, which received Royal Assent on 21st July 2020. Therefore there have been no convictions to date.

The Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021 were approved by the Scottish Parliament on 10 February 2021 and will come into force on 1 September 2021. These regulations are concerned with modernising the licensing of dog, cat and rabbit breeding activities, pet selling - including the trade in young dogs, the operation of animal sanctuaries and animal rehoming activities.

Additionally, the Scottish Government works closely with a number of animal welfare organisations, other UK Government departments, the veterinary sector and enforcement agencies on the Puppy Trade Working Group to disrupt the activities of unlicensed and/or low welfare breeders and educate the public about how best to buy a puppy safely.

The Scottish Government takes seriously the responsibility to ensure those going through the criminal justice system with mental health issues are appropriately supported, treated and cared for, while ensuring their rights are being maintained

This is an important report that contains a number of recommendations which are being given careful consideration. The Scottish Government continues to work closely with the Scottish Prison Service and other partners to ensure that frontline staff are properly supported and that the recommendations from the Mental Welfare Commission’s report are being given a collaborative response. Current progress includes the development of a new custodial estate for women in Scotland, scheduled to open in 2022. We have also created over 41 whole time equivalent mental health roles which are located across the prison estate, including the female estate.

Our Mental Health Transition & Recovery Plan published last year made clear our commitment to continue to work with partners to seek better support for those with mental ill health within the criminal justice system. The Plan is further supported with £120m from a Recovery & Renewal Fund and focusses on the specific mental health needs of women and girls to support better outcomes across a range of settings .

As set out in the response to PQ S6W-01778 on 5 August 2021, the consultation on not proven will be taken forward early in the upcoming parliamentary term.

At the jury research engagement events held mainly last year, with a substantial number of legal professionals as well as survivors and victims, concerns were raised about the not proven verdict, such as lack of understanding, juror confusion and perceived stigma.

However, these are complex issues and many participants felt that the third verdict should be retained, or highlighted the interconnectedness of the system, so it is right that we consider these issues carefully.

Once these views have been gathered and analysed, the Government will set out the next steps and timescales.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

This Government's recent manifesto stated that this review will consider reform of corroboration, and the three verdict system, including - in recognition of the strong case that can be made for abolition - a consultation on the removal of the not-proven verdict.

The Scottish Government has committed to engaging further with justice partners and opposition parties on corroboration to develop a shared understanding of the evolving legal position and the implications and potential unintended consequences of reform, while continuing discussions with those with direct experience of the system. These discussions will be arranged after parliament returns from recess.

The consultation on not proven will be taken forward early in the upcoming parliamentary term.