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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 2 April 2026
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Displaying 2636 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

I think that it is because—

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

I think that, if it was a concern and people were still getting charged, Police Scotland would have raised it in our discussions, but it did not. However, we are happy to write to the committee regarding that.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

I will bring in Bob Wyllie to answer that. Police Scotland did not ask for the charges to be kept in the scheme; that is the only reason that we have removed them.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

Apologies, convener—I may have taken your question as a suggestion that the only reason that we are increasing the fine is to provide a deterrent. All fixed-penalty notices provide a deterrent, but the increase is about bringing the fine up in line with inflation since 2005.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

I press the motion. I take on board Pauline McNeill’s point. We brought forward the draft order following discussions and engagement with Police Scotland about what it thought would be beneficial. As I said, any further changes in the next parliamentary session would involve broader consultation. I am happy to write to the committee with further figures regarding the two offences.

Motion agreed to,

That the Criminal Justice Committee recommends that the Antisocial Behaviour (Fixed Penalty Notice) (Miscellaneous Amendment) (Scotland) Order 2026 [draft] be approved.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

That is my understanding.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

That would be up to the procurator fiscal.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

I might bring in Nicola Guild on the legal side of things. The order was drafted following discussions with Police Scotland, which has always said that it would welcome the ability to use fixed-penalty notices for section 38 offences. That is why we have introduced it. How the police would enforce matters, and how they would apply the two approaches, would involve following the Lord Advocate’s guidelines on fixed penalty notices. Perhaps Nicola Guild would like to add something.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

It is my understanding that they could still be charged. The offences being removed are

“Disorderly conduct while drunk in licensed premises”

and

“Being drunk … in charge of a child”.

The order will keep the legislation up to date, because no fixed penalties have been issued for those offences in the past year. However, the police still have the relevant powers if they want to charge someone for such behaviour.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

That would be up to the police, I think. Perhaps Nicola could come in on that.