Chamber and committees

Information on whether people accused in rape cases were under the influence of alcohol or drugs at the time of the offence is not held centrally.

Data is available for crimes/offences related to alcohol or drugs where the involvement of alcohol or drugs is implicit in the offence, such as drunk/drug driving, drunkenness, general drugs/drugging offences (for example possession with intent to supply), contravention of liquor licensing laws, offences by licensed persons and consumption of alcohol in designated places prohibited by byelaws.

The current version of MAPPA guidance (version 4), which issued in April 2008, provides detailed advice on the need to consider risk of serious harm. Indeed Annex E of this guidance - Risk Assessment and Management - which was produced by the Risk Management Authority and the Scottish Government''s Effective Practice Unit, offers a specific model of the risk assessment process and its link to decision making in MAPPA. Notwithstanding, this guidance is subject to continual monitoring and review in light of developments in the law and in policy and practice, and is currently being amended to take account of the findings and recommendations contained in the joint report by the Social Work Inspection Agency, HM Inspectorate of Constabulary for Scotland and HM Inspectorate of Prisons on the inspection of the management of high risk offenders.

The latest version of MAPPA guidance (version 4), which issued on April 2008, is subject to a rolling programme of revision to take account of new legislation and changes in policy and practice. This guidance will also be amended to take cognisance of the findings of the recent multi-agency inspection report, Assessing and managing offenders who present a high risk of serious harm 2009, relative to the MAPPA process.

A total of 18 legislative consent motions (LCMs) have been passed this session in connection with 17 UK bills. Broken down by year the totals are:

Legislative Consent Motions by Parliamentary Year “ Session 3

Parliamentary Year	LCMs
9 May 2007 “ 8 May 2008	8
9 May 2008 “ 8 May 2009	81
9 May 2009 “ Present	22
Total Session 3 to date	18

Notes:

1. There were two separate LCMs for the UK Energy Bill (18 June 2008 and 13 November 2008).

2. Two legislative consent memoranda were lodged prior to the summer recess (for the Child Poverty Bill and the Equality Bill) and have not yet been the subject of a legislative consent motion.

This information is already in the public domain and is available from on the Scottish Parliament''s website at the following link http://www.scottish.parliament.uk/business/legConMem/index.htm.

I refer the member to the answer to question S3W-26251, on 19 August 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

I refer the member to the answer to question S3W-26251, on 19 August 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

The Scottish Government has accepted all the recommendations in the Remember, I''m Still Me report. The implementation of Part 5 of the Adults with Incapacity Act 2000, and whether action needs to be taken to improve routine compliance with its requirements, will be considered as part of the work we are taking forward in partnership with key stakeholders through the development of the Dementia Strategy. Under the act, it is incumbent on the medical practitioner primarily responsible for the medical treatment of an adult to complete a section 47 certificate, once they have established that the adult is incapable in relation to a decision about the medical treatment in question.

Part 5 of the act and certification under section 47 should not be used as justification for the administration of unwanted, unnecessary or potentially harmful medication whether such medication is given covertly or otherwise. Subsection 47(7) of the act prohibits the use of force or detention, unless it is immediately necessary in the circumstances.

In March 2008, we issued Chief Executive Letter (CEL) 11 (2008) to NHS Scotland. This provided a revised code of practice for Part 5 of the Adults with Incapacity (Scotland) Act 2000. The CEL can be accessed at http://www.scotland.gov.uk/Publications/2008/06/13114117/0.

In view of the concerns raised in the report, we will reissue the revised code of practice to NHS Scotland and its affiliates, with a covering letter from the Scottish Government, underlining the importance of complying with the terms of the Adults with Incapacity Act. We will also make clear that, in normal circumstances, section 47 certificates should be completed before treatment commences and that certification under section 47 should not be used as a tool to administer covert medication or for planned restraint.

(a) (i) and (ii) the numbers of people injured in road traffic accidents involving police vehicles in pursuit of another vehicle or responding to an emergency, in each of the force areas during the last five years are:

	2003-04	2004-05	2005-06	2006-07	2007-08
Central	4	Not known	1	4	1
Dumfries and Galloway	3	5	5	1	0
Grampian	3	2	0	0	3
Lothian and Borders	17	22	18	2	8
Northern	8	0	0	2	4
Strathclyde	20	7	16	19	7
Tayside	0	7	5	6	6
Scotland	61	43	45	34	29

(b) (i) and (ii) the numbers of people killed in road traffic accidents involving police vehicles in pursuit of another vehicle or responding to an emergency, in each of the force areas during the last five years are:

	2003-04	2004-05	2005-06	2006-07	2007-08
Central	0	Not known	0	1	0
Dumfries and Galloway	0	0	0	0	0
Fife	0	0	0	0	0
Grampian	0	0	0	0	0
Lothian and Borders	0	0	0	0	0

(a) (iii) the number of people injured in road traffic accidents involving police vehicles during normal operations, in each of the force areas during the last five years are:

	2003-04	2004-05	2005-06	2006-07	2007-08
Central	4	Not known	5	3	1
Dumfries and Galloway	5	5	4	0	0
Fife	5	4	1	5	6
Grampian	9	8	6	2	0
Lothian and Borders	28	13	15	39	18
Northern	2	4	4	4	0
Strathclyde	24	3	52	49	75
Tayside	11	0	13	7	10
Scotland	88	37	100	109	110

(b) (iii) the numbers of people killed in road traffic accidents involving police vehicles during normal operations, in each of the force areas in the last five years are:

	2003-04	2004-05	2005-06	2006-07	2007-08
Central	0	Not known	0	0	0
Dumfries and Galloway	0	0	0	0	0
Fife	0	0	0	0	0
Grampian	0	0	0	0	0
Lothian and Borders	0	0	0	0	0
Northern	0	0	0	0	0
Strathclyde	0	0	2	1	0
Tayside	0	0	0	0	0
Scotland	0	0	2	1	0

Notes:

1. The figures relate to accidents occurring in the financial year.

2. The information held on road traffic accidents involving police vehicles cannot be split to give separate figures for accidents involving a pursuit and those involving an emergency. The combined figures for pursuit and emergency are given in the tables.

3. Information on accidents involving police vehicles responding to a non-emergency call is not collected separately. The figures given in the tables above are for accidents occurring during normal operational duties.

4. Figures from police returns to Her Majesty''s Inspectorate of Constabulary for Scotland.

I have asked Mike Ewart, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

The following table shows all prisoners currently in custody with an offence of offensive weapon.

Establishment	Number of Prisoners
Aberdeen	4
Addiewell	23
Barlinnie	95
Cornton Vale	2
Dumfries	8
Edinburgh	18
Glenochil Prison	13
Greenock	2
Inverness	4
Kilmarnock	1
Open Estate	8
Perth	25
Peterhead	1
Polmont	35
Shotts	4
Total	243

The following table shows the number of prisoners currently in custody with an offence of offensive weapon who have a previous history of incarceration.

Establishment	Previous History of Incarceration
Aberdeen	3
Addiewell	23
Barlinnie	90
Cornton Vale	1
Dumfries	8
Edinburgh	17
Glenochil Prison	13
Greenock	2
Inverness	3
Kilmarnock	1
Open Estate	7
Perth	24
Peterhead	1
Polmont	32
Shotts	4
Total	=SUM(ABOVE) 229

 

I have asked Mike Ewart, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

The following table shows all prisoners currently in custody with an offence of offensive weapon.

Establishment	Number of Prisoners
Aberdeen	4
Addiewell	23
Barlinnie	95
Cornton Vale	2
Dumfries	8
Edinburgh	18
Glenochil Prison	13
Greenock	2
Inverness	4
Kilmarnock	1
Open Estate	8
Perth	25
Peterhead	1
Polmont	35
Shotts	4
Total	243

The following table shows all prisoners currently in custody with an offence of offensive weapon who also have a historic warrant with the offence of offensive weapon.

Establishment	Number of Prisoners with Previous Offence
Aberdeen	1
Addiewell	12
Barlinnie	63
Dumfries	6
Edinburgh	12
Glenochil Prison	6
Inverness	1
Kilmarnock	1
Open Estate	4
Perth	15
Peterhead	1
Polmont	21
Shotts	2
Total	145