Chamber and committees

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

Any death of an individual whilst is the care of SPS is a tragedy, irrespective of the cause. All deaths in custody are reported to the Procurator Fiscal and Fatal Accident Inquiries (FAI) are held in due course. Information on deaths in custody can be found on the SPS Website.

The number of deaths in custody over the past five calendar years is shown in the following table:

The Official Statistics on Recorded Crime in Scotland provide data on shoplifting and offences recorded under the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021. The statistics include the number of crimes and offences recorded by the police, and the proportion cleared up (i.e. where there exists a sufficiency of evidence under Scots law to justify consideration of criminal proceedings against the suspected perpetrator). Information is not held centrally by the 8 Scottish Parliamentary regions, as these do not fully align with local authority boundaries (which form the basis of how data is received from Police Scotland).

Data on recorded shoplifting and the proportion of cases cleared up is available in the Recorded Crime in Scotland 2023-24 publication. The number of crimes recorded is available in Table 1 with the percentage of recorded crimes cleared up by the police in Table 3. Both of these tables include the latest 10 years of data.

The following tables show both the number of crimes and offences recorded and the proportion cleared up under the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021 Data is available from 24 August 2021 (the point from which the Act came into force).

Crimes of assault or threaten a retail worker recorded in 2021-22 to 2023-24

We aim to enable better access to a range of services for older people as and when they need them. We want to ensure people are financially secure and supported as they age. This is why, in 2025-26 the Scottish Government has allocated over £15.4 million for the provision of free income maximisation support, welfare and debt advice.

Between Apr 24-Sep 24, investment from the Equalities and Human Rights Fund resulted in a total of 16,087 individuals helped directly with the provision of support, information and advice, with the Age Scotland Helpline providing £1,184,367 of income maximisation advice, with a further 1,039 organisations have also been supported via capacity building and information sharing.

We engage regularly with the Older People’s Strategic Action Forum on actions we take to support the needs of older people in Scotland.

The retention or otherwise of Crown immunity from prosecution under the Health and Safety at Work etc. Act 1974 is a reserved matter for the UK Government. The Scottish Government is committed to working with the UK Government on the removal of corporate Crown immunity from prosecution, under the Health and Safety at Work etc. Act 1974.

I recently wrote to the Secretary of State for Justice asking to meeting, with this being one of the several agenda items for discussion. The Secretary of State for Justice has now responded and a meeting will be held in due course.

Under Scots law, there are established legal avenues for addressing concerns arising from deaths in the prison estate.

The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 requires a Fatal Accident Inquiry (FAI) to be held where the deceased was in legal custody at the time of death. This requirement arises unless the Lord Advocate is satisfied that the circumstances of the death have been sufficiently established during the course of another formal investigation, such as a criminal investigation. FAIs are designed to establish the circumstances of a death and to consider what steps might be taken to prevent other deaths in similar circumstances, including identifying any defects in systems or practices that contributed to the death.

Additionally, individuals employed by Crown bodies can be prosecuted for health and safety offences. There are also relevant statutory offences that could apply following a death in custody, most notably, corporate homicide under the UK-wide Corporate Manslaughter and Corporate Homicide Act 2007, for which the Scottish Ministers, via the Scottish Prison Service (SPS), could potentially be held criminally liable.

There are currently no plans to bring forward legislative proposals in this area given the existing Parliamentary timetable.

In consultation with the Lord Advocate, I have commissioned an independent review of the FAI system to focus on improving the efficiency, effectiveness and trauma-informed nature of investigations into deaths in prison custody. The review will also identify the specific barriers that families face in engaging with the process and propose concrete solutions to shortened timescales. From 7 April 2025 close family members who are involved in deaths in custody FAIs also now have access to non-means-tested legal aid.

Gender equality is at the heart of the Scottish Government’s vision for a fairer Scotland. We want women of all ages to be empowered to exercise equal rights and opportunities, and to have equitable access to economic resources and decision making.

The Scottish Government’s A Fairer Scotland for Older People: framework for action contains a dedicated strand focused on activity we are undertaking to ensure people are financially secure and supported as they age. In addition, we provide funding of £2.2 million, through the Equality and Human Rights Fund, to older people’s organisations and age equality projects. This funding is delivering a range of initiatives that tackles poverty among older people.

Our Pension Age Winter Heating Payment supports older people in receipt of relevant benefits to help with the costs of heating. Next winter, we will expand Pension Age Winter Heating Payment to pensioner households in Scotland not in receipt of a relevant benefit, providing £100 of support towards their heating bills. This universal payment will provide much needed support not available anywhere else in the UK.

The specific spend from the Single Scottish Estate (SSE) programme budget during the 2024-25 financial year was £611,000. This budget covers a range of delivery matters for the programme, including funding 7 posts dedicated to the SSE work. The business as usual function of Property and Construction Division also provides delivery support to the programme.

As part of a commitment made in its improving urban waters routemap, Scottish Water installed 1000 new overflow monitors by December 2024 and it now publishes overflow information online. It is not correct to state that combined sewer overflows spill every 90 seconds as the data published by Scottish Water only covers a subset of overflows.

Scottish Water aims to install an additional 700 monitors during 2025. Information gathered by overflow monitors allows Scottish Water to optimise the management of its sewer networks and understand where spills occur most frequently and why. This information is critical in informing future investment needs to achieve the greatest benefit for customers and the environment.

Furthermore, Scottish Water’s investment in its assets has contributed towards 87% of Scotland’s entire water environment being assessed by SEPA as having a ‘high’ or ‘good’ classification for water quality and 97% of Scotland’s bathing waters currently achieve the bathing water quality standards.

The Scottish Government does not collate data on the number of people with ADHD appearing before the courts in Scotland.

The information held on the Scottish Courts and Tribunals Services (SCTS) live operational case management systems is structured to support the processing of court business, rather than for statistical reporting or research purposes. SCTS and their staff provide administrative support to the Scottish courts, tribunals and their judiciary and rely on information provided by justice partners to consider any adjustment that may be required to facilitate a court hearing. Their computer systems do not record information of this nature.

In criminal proceedings, adjustments for vulnerable witnesses are requested by the Crown or defence - usually in advance of hearing - and are considered by the sheriff or judge. In civil proceedings, information is provided to the court by parties and solicitors. This information is typically only names and addresses of the parties and their legal representatives.

The Learning Disabilities, Autism and Neurodivergence (LDAN) Bill aims to ensure that the rights of neurodivergent people, including people with ADHD, are respected, protected and championed. The Bill consultation sought views on proposals for how the Justice system (including the Courts system) could be improved for neurodivergent people.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

SPS do not record this information. SPS’ Disciplinary Hearings guidance does not provide a specific ‘breach of discipline’ relating to having illicit articles obtained via a drone. Any prosecution remains a matter for Police Scotland and the Crown and Procurator Fiscal Service.