Chamber and committees

All appeals against conviction, either in summary or solemn procedure, require to be lodged with court and intimated to COPFS.

Not all appeals lodged, either in summary or solemn procedure, pass sift by the court and therefore not all progress to a court hearing to allow the appeal court to determine whether an appeal is upheld or not.

In addition not all appeals lodged are insisted upon by the defence or the crown.

The input of COPFS depends upon the stage of appeal proceedings. This question as currently framed cannot be readily answered by COPFS.

The following table details the charges reported to COPFS for the period 1 April 2019-31 March 2024 subsequently marked for court proceedings (prosecuted) – in cases where accused is recorded as a company. These figures are correct as at 17 December 2024. There may also be a number of charges awaiting a marking decision.

COPFS is a key partner in the multi-agency work flowing from the Scottish Government’s Equally Safe strategy for preventing and eradicating violence against women and girls, including domestic abuse. Effectively tackling domestic abuse is an organisational priority for both Police Scotland and COPFS.

Police Scotland and COPFS have an established Joint protocol in domestic abuse cases which is publicly available on the COPFS website. The Protocol is not confined to one COPFS office. It outlines the procedures and practices to be followed by Police Scotland and COPFS in the investigation, reporting and prosecution of allegations involving domestic abuse throughout Scotland. COPFS’ presumption of prosecution in domestic abuse cases is confirmed by the Statement of prosecution policy in cases involving domestic abuse, also publicly available on the COPFS website. All cases of domestic abuse are referred to the Victim Information and Advice (VIA) service within COPFS.

Victims of domestic abuse are deemed vulnerable witnesses under the Criminal Procedure (Scotland) Act 1995 (s.271(1)(c)(iv)) and are automatically entitled to special measures to assist them in giving evidence. Cases with vulnerable witnesses are prioritised both by the court in fixing trial and throughout trial preparation by prosecutors.

The following table details the average times taken to complete a FAI, up to the conclusion of evidence. This does not include the average time of issue by the court of any determination, following an inquiry, the issue of which is the statutory definition of its conclusion in terms of Section 30(4) of the Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016.

The Scottish Government Criminal Proceedings database only contains information for offences that have records of at least one prosecution under which that offence was the main crime.

The Environmental Regulation (Enforcement Measures) (Scotland) Order 2015 provides SEPA with the power to issue penalties and accept undertakings for a range of environmental offences.

The latest available information is for the financial year 2022-23 and is provided in the following table.

Number of people prosecuted for environmental crimes, where main crime, 2018-19 to 2022-23.

The Scottish Prosecution College delivers a variety of training courses including online and in-person training which is available to all staff within COPFS. This encompasses a wide range of topics, and case types, ranging from domestic abuse and sexual offence case training through to High Court and Sheriff and Jury case preparation. Specialist units within COPFS also provide additional training to staff within those units.

As detailed in my letter to NZET Committee on 17 December 2024, the technological and financial landscape has changed significantly since the Decarbonisation Action Plan was first published. The Scottish Government currently faces significant financial and budgetary pressures. As a consequence of these challenges, it is clear that the 2020 Decarbonisation Action Plan commitment to decarbonise rail services by 2035 can no longer be met. A revised target of 2045 is planned for the refreshed Rail Services Decarbonisation Action Plan.

The replacement for ScotRail’s High Speed Trains (HST) is expected to be more energy efficient than the HSTs and therefore will significantly reduce emissions, a direct contribution to decarbonisation.

The final subsidy for ScotRail for the financial year 2024-25 will be known when the accounts for this year have been finalised and published. Subsidy provided to other train operating companies is a matter for the UK Department for Transport, Transport for London and the Welsh Government.

I refer the member to the answer to the question S6W-31908 on 11 December 2024. All answers to written Parliamentary Questions are available on the Parliament’s website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers