1. At its meeting on Wednesday 4 June 2025, the Criminal Justice Committee ("the Committee") considered the following instrument:

   • The Restitution Fund (Scotland) Order 2025 [draft]

2. The purpose of the Order is to revoke the Restitution Fund (Scotland) Order 2021 in order to remove the Scottish Police Benevolent Fund as the operator of the Restitution Fund.

3. The Order maintains provision for the administration of the Fund including; making payments from the Fund (including the requirement for written applications); record keeping; and reporting back to Ministers.

4. The Scottish Ministers will administer the Restitution Fund via the Scottish Government's Restitution Fund Sponsoring Team.

5. The Delegated Powers and Law Reform Committee ("the DPLR Committee") considered the instrument on 20 May 2025 and reported on it in its 35th Report, 2025. The DPLR Committee made no recommendations in relation to the instrument.

6. However, it agreed to highlight its correspondence on the instrument with the Scottish Government to the Criminal Justice Committee.

7. Motion S6M-17003 was lodged proposing that the Committee recommends approval of the instrument. At its meeting on Wednesday 4 June 2025, the Committee took oral evidence from the Cabinet Secretary for Justice and Home Affairs, Angela Constance MSP ("the Cabinet Secretary").

8. During the evidence session, the Cabinet Secretary outlined the purpose of the Order to the Committee.

9. In response to questions from Members around the time taken to put in place an alternative operator to the Fund, the Cabinet Secretary advised after the after the Scottish Police Benevolent Fund withdrew in 2021, there were extensive discussions with the Scottish Police Federation exploring the possibility of them becoming the operator. However, it was agreed last year that Scottish Ministers would take over the role going forward.

10. When questioned on whether there is any data available regarding individuals, who may have lost out as a result of the delay in getting the Fund operational, the Cabinet Secretary told the Committee that 103 Restitution Orders have been issued by the Scottish Courts and Tribunals Service ("SCTS") and the funds remain in a ring-fenced account. The Cabinet Secretary also advised that Scottish Government officials will be engaging with SCTS to establish guidance and the application process for the Fund with the aim of getting it up and running for applications by April 2026.

11. In relation to questions on whether on whether courts can impose more than one penalty on an offender, the Cabinet Secretary confirmed that it is the case that a fine and/or a Compensation Order can also be imposed alongside a Restitution Order. She also told the Committee that as with any financial penalty there is the option to pay in instalments and that there is an obligation on the court to take into account the means of the offender and their ability to pay.

12. The Cabinet Secretary undertook to provide further information regarding Compensation Orders. A copy of the correspondence received on 5 June can be found in the Annexe.

13. There being no further questions from Members, the Cabinet Secretary moved the motion:

    • S6M-17003—That the Criminal Justice Committee recommends that the Restitution Fund (Scotland) Order 2025 [draft] be approved.

14. Motion S6M-17003 was agreed to without debate or dissent.

4 June 2025

Dear Deputy Convener

RESTITUTION FUND

Following my Committee attendance this morning regarding the Restitution Fund, I wanted to write to clarify a couple of points that were raised on compensation orders and on whether courts can apply more than one penalty.

Compensation Orders

Compensation Orders, provide for offenders to pay money to the victims of their crime. Offenders may be ordered to pay compensation for an injury or distress they have caused, or for damage they have caused to property. The independent judge in the case sets the amount to be paid, which takes account of the crime and the offenders' ability to pay. The offenders pay the money to the court which then pays it to the victim. Offenders who do not keep up with payments can be taken back to court and could be imprisoned

Multiple Penalties

The court has wide discretion within the legal framework. When sentencing in any relevant case, as such, where the relevant offence permits imposition of a restitution order, it is the case that a fine and/or a compensation order can also be imposed. This means a sentence for a relevant offence could include a compensation order, a restitution order and a fine or a combination e.g. a compensation order and a restitution order.

Under section 253D of the Criminal Procedure (Scotland) Act 1995, the order in which payments made will be applied as follows: first to the compensation order, then the restitution order and then the fine as outlined below:

I hope this helpful.

Yours sincerely

ANGELA CONSTANCE