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 1690 contributions
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
That is my understanding.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
That would be up to the procurator fiscal.
Criminal Justice Committee [Draft]
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]
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]
Meeting date: 18 February 2026
Siobhian Brown
That would be up to the police, I think. Perhaps Nicola could come in on that.
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.