- 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 Lewis Macdonald on 16 September 2002
To ask the Scottish Executive what recent discussions it has had with the Home Office and the Department of Transport on drug driving.
Answer
The Scottish Executive is in regular contact with the UK Government on a wide range of issues, including drug driving.
- 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 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 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 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 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 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 what guidance or directions it has issued to the judges and prosecutors in respect of the impact of the European Convention on Human Rights (ECHR) on bail applications, conditions and appeals.
Answer
On guidance and directions to judges, I would refer the member to the answer given to question S1W-28832 today. However, I understand that the Judicial Studies Committee provided comprehensive assistance to judges in their study of all aspects of the ECHR. Prosecutors received a three-day intensive course in human rights law and that included a component on bail issues.
- 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 is permissible for a judge to consider whether an appeal after a conviction for (a) serious assault, (b) rape, (c) culpable homicide and (d) murder could succeed when considering a bail application and what guidance or directions it has issued to the judiciary on this issue.
Answer
Decisions about the grant of bail and the factors they may or may not take into account in considering whether or not to grant bail are matters entirely for the judiciary.As to the issue of guidance or directions to the judiciary, I would refer the member to the answer given to question S1W-28832 today.
