Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S4W-17914

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Monday, 21 October 2013
Current Status: Answered by Kenny MacAskill on 5 December 2013

To ask the Scottish Government how many prosecutions for (a) sexual abuse, (b) domestic abuse or violence and (c) rape in each year since 2007 before a (i) jury and (ii) single judge resulted in a (A) not proven and (B) not guilty verdict, also expressed as a percentage of such cases.

The available information is given in the following table. Solemn court cases will be tried by a judge and jury, summary court cases will be tried a single judge.

Number of people proceeded against and acquitted where main charge was a crime associated with sexual abuse^1,2, 2007-08 to 2011-12.

Crime/result/court	2007-08	2008-09	2009-10	2010-11	2011-12
Sexual abuse
People proceeded against
Solemn court	183	203	224	214	217
Summary court	195	225	206	206	249
Solemn court
Acquitted not guilty³	16	15	16	26	22
Acquitted not proven	8	11	15	11	7
Summary court
Acquitted not guilty³	30	19	25	15	37
Acquitted not proven	6	7	4	5	8
Percentages acquitted / proceeded against
Solemn court
Acquitted not guilty³	9%	7%	7%	12%	10%
Acquitted not proven	4%	5%	7%	5%	3%
Summary court
Acquitted not guilty³	15%	8%	12%	7%	15%
Acquitted not proven	3%	3%	2%	2%	3%

Notes:

1. Where main offence.

2. Includes sexual assault, and other sexual offences. Excludes crimes associated with prostitution, public indecency and bestiality.

3. Excludes cases where a plea of not guilty was accepted.

Number of people proceeded against and acquitted where main charge had domestic abuse aggravator recorded, 2007-08 to 2011-12

Crime/result/court	2007-08	2008-09	2009-10	2010-11	2011-12
Domestic abuse
People proceeded against
Solemn court	117	163	184	188	225
Summary court	6,258	7,788	9,975	9,834	10,267
Solemn court
Acquitted not guilty¹	8	21	25	30	31
Acquitted not proven	6	9	14	6	14
Summary court
Acquitted not guilty¹	323	350	576	613	667
Acquitted not proven	64	67	104	85	114
Percentages acquitted / proceeded against
Solemn court
Acquitted not guilty¹	7%	13%	14%	16%	14%
Acquitted not proven	5%	6%	8%	3%	6%
Summary court
Acquitted not guilty¹	5%	4%	6%	6%	6%
Acquitted not proven	1%	1%	1%	1%	1%

Note: 1. Excludes cases where a plea of not guilty was accepted.

Number of people proceeded against and acquitted where main charge was rape^1,2, 2007-08 to 2011-12.

Crime/result/court	2007-08	2008-09	2009-10	2010-11	2011-12
Rape
People proceeded against
Solemn court	88	86	93	58	75
Summary court	0	0	0	0	0
Solemn court
Acquitted not guilty³	26	36	33	27	16
Acquitted not proven	24	18	17	8	15
Summary court
Acquitted not guilty³	0	0	0	0	0
Acquitted not proven	0	0	0	0	0
Percentages acquitted / proceeded against
Solemn court
Acquitted not guilty³	30%	42%	35%	47%	21%
Acquitted not proven	27%	21%	18%	14%	20%
Summary court
Acquitted not guilty³	n.a.	n.a.	n.a.	n.a.	n.a.
Acquitted not proven	n.a.	n.a.	n.a.	n.a.	n.a.

Source: Scottish Government Court Proceedings Database.

Notes:

1. Where main offence.

2. Rape cases would normally be remitted to the High Court for sentencing.

3. Excludes cases where a plea of not guilty was accepted.

Question reference: S4F-01715

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Monday, 25 November 2013
Current Status: Taken in the Chamber on 28 November 2013

To ask the First Minister what action the Scottish Government will take to avert the reported pressures on social care budgets undermining care services for older and vulnerable people.

Question reference: S4W-18336

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 13 November 2013
Current Status: Answered by Liam McArthur on 22 November 2013

To ask the Scottish Parliamentary Corporate Body, further to the answer to question S4W-17869 by Liam McArthur on 8 November 2013, whether notes or a record were taken of the oral legal advice and, if so, whether they will be published.

Question reference: S4O-02656

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Thursday, 21 November 2013
Current Status: Taken in the Chamber on 28 November 2013

To ask the Scottish Parliamentary Corporate Body whether it plans to use committee rooms for exhibitions on a regular basis.

Question reference: S4W-17915

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Monday, 21 October 2013
Current Status: Answered by Kenny MacAskill on 14 November 2013

To ask the Scottish Government what research it has (a) carried out and (b) commissioned on jury deliberations and subsequent verdicts.

The Government commissioned research into jury composition and verdicts in summer 2012. The results of that research were summarised in Appendix B of the Government’s consultation paper entitled “Reforming Scots Criminal Law and Practice: Additional Safeguards Following the Removal of the Requirement for Corroboration”.

The consultation exercise for this paper ran between 19 December 2012 and 15 March 2013. The consultation paper, the non-confidential responses, and an analysis of the responses received can be obtained at:

http://www.scotland.gov.uk/Topics/Justice/legal/criminalprocedure/CarlowayReportConsultation

Question reference: S4W-17869

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 16 October 2013
Current Status: Answered by Liam McArthur (on behalf of the Scottish Parliamentary Corporate Body): on 8 November 2013

To ask the Scottish Parliamentary Corporate Body, further to the answer to question S4W-17337 by Liam McArthur on 2 October 2013, whether it has received legal advice on possible civil proceedings being raised by the member held on remand because of the loss of (a) pay or pension and (b) personal reputation should there be an acquittal or not proven verdict and, if so, whether it will publish this.

Appropriate legal advice was taken on this matter and consideration was given to all the relevant issues before we reached the decision to bring the motion before Parliament.

That advice included oral legal advice on the possibility of civil proceedings for loss of pay in the event of a deduction made under the salary scheme in respect of a member on remand. The SPCB has already published the paper it considered in relation to this matter.

As the SPCB stated in moving the motion on this matter on 10 September 2013 it is examining consequential pension and salary issues in order to identify any adjustments that should be made

Question reference: S4W-17868

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 16 October 2013
Current Status: Answered by Liam McArthur (on behalf of the Scottish Parliamentary Corporate Body): on 8 November 2013

To ask the Scottish Parliamentary Corporate Body, further to the answer to question S4W-17337 by Liam McArthur on 2 October 2013, whether it has received legal advice on pension entitlement for the member held on remand should there be an acquittal or not proven verdict and, if so, whether it will publish this.

Question reference: S4F-01655

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Monday, 04 November 2013
Current Status: Taken in the Chamber on 7 November 2013

To ask the First Minister what the Scottish Government’s position is on Shelter Scotland's statement that around 5,000 children will be housed in temporary accommodation over Christmas and that the law must be changed to enable families to challenge inadequate temporary accommodation.

Question reference: S4F-01616

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Monday, 07 October 2013
Current Status: Taken in the Chamber on 10 October 2013

To ask the First Minister, in light of the Specialist Crime Division's responsibilities for organised crime, counter terrorism and intelligence, what its role will be in relation to the National Crime Agency, which sets the UK's overall operational agenda for tackling these matters.

Question reference: S4W-17337

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Friday, 20 September 2013
Current Status: Answered by Liam McArthur on 2 October 2013

To ask the Scottish Parliamentary Corporate Body whether the amendment to the Parliament’s salary scheme to include the deduction of a member’s salary by 90% if on remand is ECHR compliant and whether the salary deducted plus any notional interest accruing together with pensionable service and entitlement will be payable if the member is not subsequently given a prison sentence or convicted.

Appropriate legal advice was taken on this matter and consideration was given to all the relevant issues before we reached the decision to bring the motion before Parliament.

The core principle behind the motion remains the availability of a Member, whilst in prison, to carry out the clear majority of the tasks for which he or she is paid. This applies equally to any such person on remand as it does to others imprisoned.

The SPCB is examining consequential pension and salary issues in order to identify any adjustments that should be made.