Chamber and committees

In conclusion, there are decades of research that support what works with the reintegration of offenders when they return to their community.

As I shared with the Criminal Justice Committee when I gave evidence to it, the recall rate is low, at 7 per cent, and any registered victim on the victim notification scheme will be informed if someone is to be released on home detention curfew. It is the case that all individuals will continue to be fully assessed. The SSI proposes changes to two out of the range of statutory criteria that must be met. This realignment of policy is in response to the previous changes that the Parliament made to the release of short-term prisoners. I encourage members to support the SSI.

I regularly meet Teresa Medhurst, the chief executive of the Scottish Prison Service. Like many public services, the Scottish Prison Service is currently reviewing all policies and practices in consideration of the impacts of the Supreme Court judgment. It is working at pace to ensure that any policies or practices that are impacted are brought into line with the outcome of the judgment and the Equality and Human Rights Commission’s revised code of practice, when that is published, to ensure compliance with the law.

The crime survey shows a substantial fall in violent and property crime since 2008-09, despite a 34 per cent increase since 2021-22. Levels also remain similar to the pre-pandemic position.

We welcome the expansion of the survey to include people’s experiences of fraud and computer misuse. The first results show that one in 10 adults was the victim of those crimes in 2023-24, although most who lost money were reimbursed. We will continue to work with partners on the serious organised crime task force to raise awareness of the risks that exist and of how criminals try to defraud individuals and organisations.

In Scotland and in England and Wales, there have been substantial falls in victimisation rates for violent and property crime since 2008-09. Prior to 2023-24, Scotland had a violent and property crime victimisation rate that was either lower than or similar to that in England and Wales. However, Scotland’s crime victimisation rate, including fraud, was 19.9 per cent in 2023-24, which is above the equivalent for England and Wales at 16.1 per cent. Findings from the next survey will be needed to understand whether the higher rate this time is a temporary fluctuation. However, prior to that, we remain fully committed to tackling crime in Scotland, including through the delivery of increased police funding year on year since 2016-17.

With respect, I note that that was the subject of a topical question last week, and I am of the view that I addressed the matter in full at that point. There was an error on the part of Police Scotland, which it acknowledged. It has put on the record, as I did last week, that it has undertaken a course of action to ensure that policies and procedures work as intended.

We continue to develop the electronic monitoring service and are committed to expanding its use. We will continue to investigate the role that alcohol monitoring technology could play within the service. As part of that, we are considering how this technology might be used within our justice system, and its potential benefits.

As the member is aware, operational policing decisions are the responsibility of the chief constable, under the oversight of the Scottish Police Authority. However, when I discussed Police Scotland’s approach to animal welfare with the chief constable at one of our regular meetings on 27 February, she assured me that the welfare of police animals is of paramount importance, and that decisions that are taken on animal wellbeing and welfare are informed by the advice of veterinary professionals.

I understand that Police Scotland is currently undertaking a review of its processes around decisions on situations of this nature.

The Scottish Government, Police Scotland and the National Cyber Security Centre are working together to help to protect organisations from cybercriminals. They do so by identifying fraudulent websites, preventing phishing emails, blocking phone numbers and, ultimately, bringing those who are responsible to justice. Police Scotland has also established a cyber and fraud specialist division to enhance the response in Scotland, working with United Kingdom law enforcement and partner agencies. It will develop capability through cyber and online training, ensuring that there is support and guidance for officers and staff.

I encourage everyone to report suspicious sites to the NCSC using the reporting tool on its website, and I encourage anyone who believes that they have been a victim of crime to contact Police Scotland.

Yes. HDC provides a useful opportunity for suitable prisoners to serve the last period of their custodial sentence in the community under licence conditions, and an electronically monitored curfew is a well-established part of custodial sentences with a high level of successful completion. It can be granted only to prisoners who pass a robust risk assessment and a community assessment.

I will confine my remarks tightly and strictly to the substance of the statutory instrument that is before us tonight.

I thank the Parliament clerks and Criminal Justice Committee members for accommodating the scrutiny of this SSI with only the minimum period of 40 days. I trust that Parliament will support the proposals, which will allow completion of the SSI process before recess. That will ensure that the Scottish Prison Service, justice social work and partners have increased time to prepare for the proposed changes that will come into force on 20 October.

The planned changes are a programme for Government commitment for 2024-25 that contribute to the efforts to effectively balance the use of custody and community alternatives while supporting a sustainable prison population. Home detention curfew is a well-established part of our justice system that provides a structured and managed transition for individuals being released back into the community. Indeed, the legislation that home detention curfew is located in is the Prisoners and Criminal Proceedings (Scotland) Act 1993, which was introduced by a former Tory Government—I appreciate that that was in 1993, when I was at my work as a social worker and Mr Kerr was perhaps still at school.

The evidence shows that managed reintegration is far more effective than unplanned releases. It is also important to put on the record that release on home detention curfew is underpinned by individualised risk assessment and includes clear licence conditions, including a curfew and electronic monitoring. There is no automatic right to home detention curfew. Decisions on HDC release are made by the SPS following careful consideration of each case, including evidence provided by justice social work and Police Scotland. I reassure members that the SSI does not alter any of the aspects of risk assessment in the HDC process. It does not alter any of the statutory exclusions in any shape or form.