Chamber and committees

Tackling food fraud has been one of the main functions of Food Standards Scotland since the Scottish Government decided to set up the organisation from 2015. The Scottish Food Crime and Incidents Unit combines the investigative and intelligence functions of FSS, and was established to prevent, detect and investigate fraud and deliberate non-compliance across the food and animal feed chain, while supporting public bodies during incidents to protect public health from risks associated with food consumption. Its remit on fraud includes food adulteration, substitution, counterfeit products and document fraud within food and feed supply chains. Examples of fraud cases include the seizure of over 250 bottles of counterfeit vodka in 2024-25 The labelling closely resembled that of genuine products, but the bottles contained potentially lethal isopropyl alcohol. A successful prosecution case in 2025, resulted in a sentence of 3 and a half years following various fraudulent claims and mislabelling of imported tea as Scottish grown.

Specifically, on mis-leading labelling the Scottish Government and FSS recognise the importance of protecting consumer confidence and the reputation of genuine Scottish producers by ensuring origin claims are accurate and evidence-based. Under the Food Information to Consumers Regulation, an indication of country of origin is required where the absence of such information is likely to mislead consumers as to the true country of origin or place of provenance of that food. The place of last substantial change, such as curing pork into bacon or baking ingredients into a cake determines the origin of processed food. Simply packing a food does not constitute a substantial change therefore the origin isn’t affected. Where food businesses are not required to provide origin information, they can still provide this information on a voluntary basis providing such indications are accurate and this is done in the same way as if it were mandatory. However, where businesses falsely present products as Scottish or UK-produced when this is not the case, appropriate enforcement action will be taken to protect consumers and legitimate Scottish producers.

As each Justice organisation has their own administrative system to record information for operational purposes, it is not possible to monitor an individual’s interactions throughout the different stages of the justice system. Whilst a Scottish Criminal Records Office (SCRO) number is assigned to an individual and can be used to help identify them within management information systems, doing so is challenging as each organisation has their own approach to measuring activity. For example Police Scotland recording is done at the crime (or incident) level, Crown Office & Procurator Fiscal Service recording is based at person level and Scottish Courts and Tribunal Service recording is at case level.

SG has developed a Criminal Justice Journey Times dataset in collaboration with colleagues in COPFS and SCTS. This dataset allows times to be calculated for different stages of an accused’s journey through the justice system. The overall journey time is taken to be from the time an offence becomes known to the police to the time a verdict is reached in court.

The Scottish Government does not hold this information. Decisions on criminal warrants are judicial decisions taken independently by sheriffs or justices, and the data requested are not routinely recorded.

Search warrants are prepared by the Crown Office and Procurator Fiscal Service (COPFS) and presented by the officer seeking the warrant to the presiding judicial office holder.

COPFS holds limited information relating to search warrant applications. The time taken to process a request will vary depending on the individual circumstances of each case. COPFS manually records the date on which a request to consider a warrant application is received from Police Scotland or another specialist reporting agency. It also records, where entered by staff, the date on which a final decision on that request was taken by COPFS or a judicial officeholder. However, COPFS are unable to readily provide reliable figures for the average, longest, or shortest time taken in each of the last five financial years due to identified limitations and inconsistencies in the way that the information has historically been recorded and maintained.

COPFS does not hold data on the time taken to execute a warrant after it has been granted by a judicial officeholder.

The Scottish Government does not hold this information. Data relating to vehicle searches conducted by Police Scotland is held by Police Scotland.

Police Scotland has a range of statutory powers to search vehicles where these are provided for in legislation, including where an officer has reasonable grounds to suspect that a vehicle contains controlled drugs, offensive weapons, knives, firearms, stolen property or other items specified in legislation. Relevant powers are contained in a range of enactments, including the Misuse of Drugs Act 1971, the Criminal Law (Consolidation) (Scotland) Act 1995, the Firearms Act 1968 and the Civic Government (Scotland) Act 1982.

In certain limited circumstances, legislation also provides powers to search vehicles without individual reasonable suspicion, for example where a senior officer has authorised searches in a specific locality to help prevent serious violence.

Police Scotland is operationally independent, and decisions regarding the use of vehicle search powers in individual cases are a matter for the Chief Constable.

The Scottish Government does not hold data relating to vehicle searches conducted by Police Scotland, this is held by Police Scotland.

Table 1 shows the average combined police custody waiting and processing times from 2021-22 to 2025-26.

Waiting time is the time spent from the point the person arrested and the arresting officers arrive at a custody centre, to the point police custody officers and staff began to process and in effect book the person into custody. Police Scotland always try to ensure that this time is as minimal as possible, however waiting times can be impacted by a range of operational matters, which include more than one person needing to be processed or booked in at similar times, custody staff responding to a medical emergency etc.

Processing time is the time taken to book the person into custody. This involves the arrested person being searched and asked questions to allow for an assessment of vulnerability, including medical conditions, which is critical to ensure a safe environment for people in police custody.

Table 1: Average Combined Waiting and Processing time in minutes, 2021-22 to 2025-26

The information requested is not held centrally.

The data held by Scottish Government (SG) on individuals held on remand is taken from the Scottish Prison Service (SPS) Prisoner Records System. SG do publish information on the number of departures from the remand population and the number of transitions from the remand population into the sentenced population in each financial year here: Supporting documents - Scottish Prison Population Statistics 2024-25 - gov.scot. However, this indicates prisoner movement rather than the outcome of the case/s individuals are involved in. Prisoner records do not contain information on the outcomes of court cases.

The crime codes exist to convert breaches of criminal law into useable operational data, and ultimately the Official Statistics on recorded crime in Scotland. For those codes that specifically relate to crimes committed against children under the Sexual Offences (Scotland) Act 2009, the age of 15 and under is used as the Act effectively provides the age of consent in Scotland at 16 years old. The one exception to this is the Section 42 offence of sexual abuse of trust, which relates to those aged under 18. As such, the approach taken with the crime codes reflects the criminal law as agreed by the Scottish Parliament, with sexual offences committed against 16 or 17 year olds (excluding Section 42) continuing to be recorded using the relevant crime code for all adults.

Public procurement and grants are subject to different requirements.

In relation to public procurement, the Public Contracts (Scotland) Regulations 2015 (2015 Regulations) do not apply from a threshold of £50,000, but from the relevant threshold set out in regulation 5 of the 2015 Regulations. In the case of a public supply contract, and most public service contracts, the relevant threshold is £135,018 for central government authorities, or £207,720 for sub-central authorities. For public works contracts, the relevant threshold is £5,193,000.

Regulation 58 of the 2015 Regulations sets out the grounds on which bidders may, or must, be excluded from procurement exercises. These include convictions for certain criminal offences, non-payment of taxes, and bankruptcy. Regulation 59 sets out the selection criteria which authorities may impose for the purposes of ensuring that a bidder has the necessary: suitability to pursue a professional activity; economic and financial standing; and technical and professional ability. The precise criteria imposed will depend on the nature of the contract in question.

Regulation 60 sets out that bidders should, in the first instance, complete the Single Procurement Document, consisting of a self-declaration that they are not in one of the situations which constitute grounds for exclusion, and that they meet the relevant selection criteria. Authorities may require bidders to provide supporting documentation at any time when it is necessary to ensure the proper conduct of the procurement procedure. Full due diligence is only required when a preferred bidder has been identified. For this purpose, authorities may require bidders to produce certificates, statements and other means of proof as evidence for the absence of grounds for exclusion and for the fulfilment of the selection criteria. This can include, but it is not limited to: certificates; bank statements; previous work carried out over the past five years; samples, descriptions or photographs of products to be supplied; financial statements; and the qualifications of relevant staff.

The Procurement (Scotland) Regulations 2016 make similar provision in relation to contracts subject to the Procurement Reform (Scotland) Act 2014 (the Act). The Act applies to public supply and public service contracts worth at least £50,000 and to public works contracts worth at least £2 million.

In relation to grants, due diligence forms an integral part of the Scottish Government’s established grant management process, where preventative checks are required to be performed before awarding a general grant. Assessments cover financial viability and governance arrangements of prospective recipients, and the process is supported by internal guidance and checklists. There is no financial threshold for undertaking due diligence for a grant.

The Child Sexual Abuse and Exploitation Data Short Life Working Group has met four times so far since being formed in January 2026. At each meeting, updates were given on progress made on each of the three workstreams. You can find these updates in the minutes on here: National Child Sexual Abuse and Exploitation Strategic Group - gov.scot.

The group is planning to publish an interim report on its findings by the end of 2026, with a full report being published in summer 2027.