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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 21 March 2026
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Displaying 1690 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

We are just updating the legislation.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

Bob Wyllie or Nicola Guild might have that information, but I do not.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

I might bring in Robert Wyllie on that.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

The table of statistics for the year 2023-24 shows that the offence of riotous behaviour while drunk in licensed premises was not dealt with under the scheme. Refusing to leave licensed premises was dealt with 127 times; urinating in public, 765 times; being drunk and incapable, 90 times; being drunk in charge of a child, no times; playing loud music, 43 times; vandalism, 108 times; consuming alcohol in a public place, 1,033 times; breach of the peace, 1,947 times; and malicious mischief, five times.

It was a matter of looking at the list of offences and deciding that we would update it and, as the police had asked, add the section 38 offence of threatening or abusive behaviour.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

Yes, if they were—

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.