The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 2636 contributions
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
Police Scotland raised no concerns about that. For example, the offence of being drunk in charge of a child perhaps does not happen these days as much as it did historically. I do not know—I am just guessing at that. When we engaged with the police on the instrument, it was not an issue that they raised, but they wanted that offence kept on the list.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
As I said, police told us during our conversations that removing the charges would be beneficial for them, and we have been able to work on that in the current parliamentary session through this piece of secondary legislation.
Looking forward to the next parliamentary session, we all appreciate the issues that exist with regard to antisocial behaviour. An independent report came out last year and we have been working with the Convention of Scottish Local Authorities and Police Scotland regarding its recommendations. One of the recommendations was to fully review antisocial behaviour legislation. That will be for the next Government to do, and I hope that it will be taken forward.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
I will bring in Nicola Guild to answer that. It would not be written off, but I think that any further action would be determined by the procurator fiscal. Is that correct, Nicola?
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
No—that is not a reason why we should not increase the penalties.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
No, there is not.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
It would be up to the police to determine, in accordance with the Lord Advocate’s guidelines, but my understanding is that the police would still be called and the person could still be charged. The police might simply not be able to give a fixed-penalty notice.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
First, it is not being raised so as to be a deterrent.
We accept that there is sensitivity about the £70 penalty level and that some people could perceive that the increase does not go far enough. Because the legislation has not been updated for more than 20 years, we are just bringing the level up to account for inflation. As we move into the next parliamentary session, I hope that, in future, our penalties for antisocial behaviour can be reviewed annually instead of every 20 years. The penalty level that the order brings in is to reflect inflation. As I said in my opening remarks, it would be about £68 if it were to be brought up to reflect inflation over the period from 2005 to 2026, which is why we have determined that it should now be £70.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
The number of penalties that have been paid has been stable over the past 10 years, with around eight in 10 being paid in full. That proportion has remained broadly consistent with inflation, even though the penalty itself has reduced in real value over time. Collection of penalties is a matter for the Scottish Courts and Tribunals Service, and it has operational independence in doing so. I do not have specific figures with me, but I will be happy to write to the committee on that point.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
My understanding is that they are not, but Robert might have something further on that.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
That issue has not been raised with me by Police Scotland, but it may have raised it in conversations with Robert.