- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 20 August 2002
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Current Status:
Answered by Jim Wallace on 16 September 2002
To ask the Scottish Executive how many (a) males and (b) females imprisoned for the (i) abduction, (ii) serious assault and (iii) murder of a child in each of the last 10 years have been considered for parole and how many have had their application (1) refused and (2) granted.
Answer
The information is not available in the form requested. Information relating to the release of prisoners on licence is published in the annual report of the Parole Board for Scotland. The board's report for 2001 was laid before the Parliament on 30 May 2002 and copies are available in the Parliament's Reference Centre.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Tuesday, 20 August 2002
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Current Status:
Answered by Jim Wallace on 16 September 2002
To ask the Scottish Executive how many (a) males and (b) females have been (i) charged with, (ii) convicted and (iii) imprisoned for the (1) abduction, (2) serious assault and (3) murder of a child in each of the last 10 years.
Answer
The available information is shown in the following table. Cases involving child victims of abduction and serious assault cannot be separately identified within the data held centrally.Persons Accused of Cases Recorded
1 as Murder Involving a Child (Aged Under 16) Victim, by Sex of Accused, 1991-2000
| Outcome of Proceeding | 1991 | 1992 | 1993 | 1994 | 1995 | 1996 | 1997 | 1998 | 1999 | 2000 |
| Total accused | 10 | 5 | 4 | 4 | 5 | 9 | 3 | 3 | 3 | 6 |
| Charge proved | 2 | 3 | 1 | 3 | 1 | 2 | 2 | 1 | 2 | 2 |
| Imprisoned | 2 | 3 | - | 1 | 1 | 2 | 2 | 1 | 2 | 2 |
| Insanity, hospital order | - | - | 1 | 2 | - | - | - | - | - | - |
| Other2 | 8 | 2 | 3 | 1 | 4 | 7 | 1 | 2 | 1 | 4 |
| Males accused | 7 | 4 | 2 | 3 | 2 | 6 | 2 | 2 | 2 | 6 |
| Charge proved | 2 | 3 | - | 2 | 1 | 2 | 2 | 1 | 2 | 2 |
| Imprisoned | 2 | 3 | - | 1 | 1 | 2 | 2 | 1 | 2 | 2 |
| Insanity, hospital order | - | - | - | 1 | - | - | - | - | - | - |
| Other2 | 5 | 1 | 2 | 1 | 1 | 4 | - | 1 | - | 4 |
| Females accused | 3 | 1 | 2 | 1 | 3 | 3 | 1 | 1 | 1 | - |
| Charge proved | - | - | 1 | 1 | - | - | - | - | - | - |
| Imprisoned | - | - | - | - | - | - | - | - | - | - |
| Insanity, hospital order | - | - | 1 | 1 | - | - | - | - | - | - |
| Other2 | 3 | 1 | 1 | - | 3 | 3 | 1 | 1 | 1 | - |
Notes:1. Currently (as at 26 October 2001) recorded as homicide.2. Includes death of suspect, case pending, no proceedings, proceedings dropped and acquittals.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 02 September 2002
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Current Status:
Answered by Jim Wallace on 16 September 2002
To ask the Scottish Executive whether there is any backlog in the processing of appeals in respect of a (a) charge and (b) conviction for (i) serious assault, (ii) rape, (iii) culpable homicide and (iv) murder, and, if so, what this backlog is; what the average length of time is for an appeal to be considered in the High Court, and what plans it has to increase the number of judges to address the processing of appeals.
Answer
Information is not readily available in the form requested. However, I understand that 120 appeals against conviction under solemn procedure from both the High Court and Sheriff Court covering a wide range of seriousness await a hearing before the Court of Criminal Appeal. As at 30 June 2002 the average waiting period for this category of appeal was 32 term weeks.The programming of business before the Court of Criminal Appeal is a matter for the Lord Justice General. He has recently introduced a number of measures to improve the management of appeals. These are set out in the Act of Adjournal (Criminal Appeals) 2002 (SSI 2002/387), made on 23 August 2002.Among the reforms is the introduction of a procedural hearing in appeals against conviction or conviction and sentence. This hearing will take place before a single judge who will consider the state of preparation of the appeal. Cases which are ready to proceed will then be allocated to an Appeal Court hearing. It is anticipated that these hearings will improve the rate at which cases proceed through the appeals procedure. Procedural hearings will be fixed for all new solemn appeals progressively over the next few months. The first diet of hearings will take place this September, with cases that are ready to proceed to a full hearing coming before the Appeal Court before the end of the year. There are no plans to increase the overall number of judges at the present time.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 02 September 2002
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Current Status:
Answered by Elish Angiolini on 16 September 2002
To ask the Scottish Executive whether it has been the practice of prosecuting authorities not to attend bail appeals for people (a) charged with and (b) convicted of (i) serious assault, (ii) rape, (iii) culpable homicide and (iv) murder on the grounds that they had no statutory right to do so.
Answer
There has been no such practice.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 02 September 2002
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Current Status:
Answered by Jim Wallace on 16 September 2002
To ask the Scottish Executive what plans it has to issue guidance or directions to judges comparable to that issued to judges in England and Wales that the time it takes for an appeal to be heard should not be a strong enough reason to grant bail.
Answer
The Executive does not give guidance or directions to the judiciary on judicial matters. In Scotland, judicial decisions on bail are governed by the relevant legislation and case law.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 02 September 2002
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Current Status:
Answered by Jim Wallace on 16 September 2002
To ask the Scottish Executive whether the reasons for refusing a bail application after an (a) charge of and (b) conviction for (i) serious assault, (ii) rape, (iii) culpable homicide and (iv) murder and the name of the judge who considered the application are recorded and, if so, where and when.
Answer
The judiciary is not required by law to give reasons for its decisions to grant or refuse to grant bail. In any event, applications for bail are not categorised by type of offence.The identity of the judge who considered an application for bail is retained within the records of the Scottish Court Service.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 02 September 2002
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Current Status:
Answered by Jim Wallace on 16 September 2002
To ask the Scottish Executive whether it will detail the reasons for the judge's decision to release Richard Crawford on bail and whether the DNA evidence involved was a factor in the judge's decision.
Answer
I refer the member to the answer given to question S1W-28831.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 02 September 2002
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Current Status:
Answered by Jim Wallace on 16 September 2002
To ask the Scottish Executive what the current average length of time is for an appeal against a conviction for (a) serious assault, (b) rape, (c) culpable homicide and (d) murder to be heard and what action it is taking to speed up this process.
Answer
The latest figures are as follows:Average Duration of Appeals Against Conviction, by Main Offence, 2000
| Main Offence | Number of Concluded Appeals | Average Duration of Appeal (Days) |
| Serious assault1 | 56 | 269 |
| Rape | 8 | 421 |
| Culpable homicide | 3 | 177 |
| Murder | 18 | 256 |
| All crimes and offences | 432 | 185 |
Source: SEJD criminal appeals database.Note:1. Includes serious assault and attempted murder.Data for appeals concluded in 2001 will be published on 26 September.The Lord Justice-General and Lord Justice-Clerk issued a consultation paper on 14 May 2002 setting out their proposals for reducing delays in criminal appeals. These proposals have now largely been enacted by way of an Act of Adjournal. We propose to take forward one aspect requiring primary legislation by an amendment to the Criminal Justice (Scotland) Bill.
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 02 September 2002
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Current Status:
Answered by Jim Wallace on 16 September 2002
To ask the Scottish Executive how much in Scottish police resources, funding and time has been used to apprehend Richard Crawford after his absconding on bail.
Answer
Where an individual absconds on bail, Scottish forces will as a matter of course take steps to check whether that individual is in their area and, if so, to seek his/her apprehension. However, any resources expended as a consequence are a matter for individual forces and the information is not held centrally
- Asked by: Lord James Douglas-Hamilton, MSP for Lothians, Scottish Conservative and Unionist Party
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Date lodged: Monday, 02 September 2002
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Current Status:
Answered by Jim Wallace on 16 September 2002
To ask the Scottish Executive what arrangements the justiciary has in place to notify the police when a person (a) charged with and (b) convicted of (i) serious assault, (ii) rape, (iii) culpable homicide and (iv) murder is granted bail and what plans it has to issue guidance or directions to the justiciary on this issue.
Answer
The Scottish Court Service (SCS) notify the police in those cases where bail is granted to an accused person and a further condition, or conditions, is imposed in addition to the standard conditions irrespective of the type of offence. The police are informed by the SCS when an appellant is granted bail pending the determination of his appeal irrespective of the offence and of whether further conditions in addition to the standard conditions are imposed.Where the police require details of a particular bail application not covered by these arrangements, such information will be available from the police officer present in court where the accused appears from custody, or from the clerk of court when bail is granted or bail conditions are varied.On guidance or directions to the judiciary, I would refer the member to the answer given to question S1W-28832 today.