Chamber and committees

The most recent reconviction rates show that 29% of people with a Community Payback Order (CPO) imposed in 2017-18 were reconvicted within a year, which is the lowest rate since they were introduced. These statistics are not typically broken down in regard to different requirements within CPOs such as unpaid work or supervision. However, Justice Analytical Services published ‘Community Payback Orders: What the Unit Level Data Tells Us So Far’ in February 2020 which found that the reconviction rate for those given unpaid work between 2012-13 and 2014-15 was 33% where this was accompanied by justice social work supervision, and 27% where it was not. These figures compare with 41% for those given orders with no unpaid work. While no conclusions can be drawn about the impact of unpaid work on offending behaviour, this may suggest that individuals who do not have unpaid work imposed are likely to have more complex and entrenched issues to address and may have greater likelihood of reoffending.

Overall, CPOs are an important aspect of a sustained focus on prevention and effective community interventions which has helped see Scotland’s reconviction rate fall to its lowest level since comparable records began more than 20 years ago.

CPOs offer opportunities for rehabilitation by requiring individuals to tackle the underlying causes of their offending behaviour. They also deliver real benefits to communities, and while capacity to deliver unpaid work has been significantly impacted by the coronavirus pandemic, around 9 million hours of unpaid work have been carried out since CPOs were introduced.

The Scottish Government has committed to dedicate £100 million funding, of the £180 million Emerging Energy Technologies Fund, to accelerate the development of the hydrogen economy in Scotland over the next five years and support the realisation of our ambition for 5GW installed hydrogen production capacity by 2030. More details on the proposed design and scope of the Fund will be published alongside the Hydrogen Action Plan later this year.

We believe that including relevant and proportionate community benefit requirements in public contracts is beneficial and encourages suppliers to deliver wider social benefits.

While there is room for innovation in the delivery of community benefits, our policy, as stated in the statutory guidance underpinning the Procurement Reform (Scotland) Act 2014, is that requirements should be robust, relevant and proportionate so that they can be judged on objective and measurable outcomes.

In our recent policy note on measuring social impact in public procurement, we encourage public bodies to engage with communities to understand local priorities so that they can achieve targeted social outcomes through their procurement.

We regularly assess workforce requirements across the whole of the Scottish economy, including in construction.

The construction industry is a core sector of the Scottish economy, providing infrastructure to businesses across all sectors of the economy. We are aware that the pandemic and Brexit may impact on the supply of labour in this sector.

For a successful recovery and to ensure no one is left behind we have a heavy focus on employability and skills. We continue to support our apprentices during these challenging times, including those in the construction sector, and have introduced additional interventions, such as an enhanced Adopt an Apprentice programme, to encourage employers to recruit and retain apprentices supporting the long-term future of work-based learning and the economy. In addition, we supported a range of skills-related activity, including supporting 5,033 people into modern apprenticeships in the construction sector during 2020-21. In 2021-22 we will invest more than £1bn to drive forward our national ambition for jobs and to equip our workforce with the future skills it needs.

The Construction Recovery Plan launched in 2020 sets out a range of short, medium and longer term actions to support employment, fairness of work, encourage new entrants into the sector, and address upskilling and reskilling needs to enable the sector adapt to technological change and net zero carbon in the built environment.

When an unpaid work or other activity requirement is imposed by the court as part of a Community Payback Order, the management and delivery of that requirement – including determining what work is to be carried out - is the responsibility of the relevant local authority. There are a number of factors for local authority social work staff and unpaid work managers to consider when arranging unpaid work. Planning and assessment is informed by national Community Payback Order Practice Guidance and, while there is no prescribed list of activities, the guidance makes clear that activities should be appropriate to unpaid work taking account of a number of considerations.

Unpaid work schemes should make placements available across a wide range of work settings and types of activity and have regard to the circumstances and circumstances of the individual (such as employment, education, caring responsibilities, health, equality and diversity issues). For example, work which does not involve significant physical exertion may be the only appropriate option for some individuals (including for health-related reasons).

Unpaid work has a strong focus on reparation and providing opportunities to make amends and prevent reoffending though strengthening relationships with the community, and through developing useful skills. Justice social work staff and unpaid work managers in local areas are best placed to determine what unpaid work is suitable, taking into account each individual’s particular circumstances, to help ensure that individuals complete their unpaid work hours in a way which benefits the community.

The Scottish Government and relevant agencies have, to date, spent £885,000 on transport planning, venue, communications and marketing in preparations for COP26. Scottish Ministers have made clear their expectation that all additional operational costs, such as transport planning, will be borne by the UK Government.

The completion rate for Community Payback Orders (CPOs) has generally been around 70% over the last seven years. This is consistently higher than for the orders they replaced.

There are a range of factors which can influence the likelihood that an order will be successfully completed. In particular, outcomes are likely to be influenced by the nature of the offending behaviour and individuals’ underlying risks and needs. The proportion of orders with an offender supervision requirement rose to 62% in 2019-20, the highest level in the last five years. Greater use of supervision suggests that individuals have more complex and entrenched issues to address and may have greater likelihood of reoffending.

Local authorities are responsible for delivering CPOs and, notwithstanding the factors noted above, we are continuing to work with national and local partners to help ensure orders are implemented as effectively as possible, and that completion rates are as high as they can be. Specifically, effective practice and improvement is supported by:

Community Payback Order Practice Guidance for practitioners

• a programme of scrutiny and assurance work carried out by the Care Inspectorate, funded by Scottish Government
• ongoing training and support from national partners, including Community Justice Scotland, Social Work Scotland, and Scottish Government
• analysis of statistics which are disaggregated by local authority areas, practice support groups organised by Social Work Scotland, area based CPO annual reports and an annual CPO report prepared by Community Justice Scotland

In addition, the Scottish Government has protected record levels of funding with up to £106 million allocated in 2020-21 to local authorities for the delivery of justice social work services. An additional £11.8 million has been provided this year to support justice social work recovery relating to the impact of coronavirus, which had a significant impact on the delivery of CPOs.

The offences related to 'Finn’s law' would be reported under Section 19 (1) of the Animal Health and Welfare (Scotland) Act 2006.

No such charges relating to attacks on service animals have been reported to the Crown Office and Procurator Fiscal Service since the introduction of the Act, which received Royal Assent on 21st July 2020. Therefore there have been no convictions to date.

Community benefits are increasingly included in public procurement contracts. As a result, thousands of employment and training opportunities have been achieved, contributing to national and local outcomes and achieving a positive social impact.

In 2016, the Scottish Government issued Statutory Guidance under the Procurement Reform (Scotland) Act 2014, setting out how public bodies can include community benefits in relevant public procurements. In 2020, we published guidance for public bodies on ‘ Measuring social impact in public procurement (SPPN 10/2020) ’. This includes a focus on the use of community benefits and examples of how public procurement has been used to deliver social impact in communities.

Our sustainable procurement tools include additional guidance on employment, skills and training through public contracts.

As a response to the COVID-19 pandemic, temporary restrictions have been introduced within the Scottish Prison Service, where necessary, in line with Scottish Government guidelines and public health advice. This included the temporary suspension of Home Leave between March 2020 and May 2021.

There has been one change in the Prison Rules, in relation to Temporary Release, since 5 December 2019. The Prisoners and Young Offenders Institutions (Scotland) Amendment Rules 2020, which came into force on 7 April 2020, provided Scottish Ministers with the ability to extend the period a prisoner is on home leave for up to 14 days from the normal 7 days. It is anticipated that it could be used where prisoners advise that they or someone in their home has developed symptoms of the Coronavirus and in compliance with government advice they are required to self-isolate.

There have been some minor changes to the Directions made under the Rule 138 (Direction with respect to Temporary Release) since 5 December 2019.