Questions and answers

Question reference: S3W-37759

Asked by: Gavin Brown, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 23 November 2010
Current Status: Answered by Stewart Stevenson on 6 December 2010

To ask the Scottish Executive, further to the answer to question S3W-36569 by Stewart Stevenson on 4 October 2010, for what reason it does not consider section 10 of the Energy Performance of Buildings (Scotland) Regulations 2008 to be legislation that specifically requires a register for non-domestic energy performance certificates.

Question reference: S3W-37761

Asked by: Gavin Brown, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 23 November 2010
Current Status: Answered by Stewart Stevenson on 6 December 2010

To ask the Scottish Executive, further to the answer to question S3W-36570 by Stewart Stevenson on 4 October 2010, whether it considers that not producing a central register for non-domestic energy performance certificates means that this information cannot be analysed for statistical purposes and, if so, whether it considers this disadvantageous.

Question reference: S3W-36706

Asked by: Gavin Brown, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 05 October 2010
Current Status: Answered by Frank Mulholland on 1 November 2010

To ask the Scottish Executive how many direct measures were issued for (a) assault and (b) assault to injury in July 2010, broken down by sheriff court.

The following table shows the number of charges of (a) assault and (b) assault to injury where the initial decision taken by the Procurator Fiscal was to deal with the offending behaviour by means of a direct measure in July 2010.

The 253 charges relate to a total of 231 persons issued with an offer of a direct measure, out of a total of 3,644 persons offered a direct measure during the same period.

The figures include only those direct measures that were affected by the provisions in the Criminal Proceedings etc (Reform) (Scotland) Act 2007.

Office	Direct Measures Issued		Charges Reported
Office	Assault	Assault to Injury	Assault	Assault to Injury
Aberdeen	20	2	165	82
Airdrie	8	4	60	38
Alloa	-	-	26	5
Arbroath	5	4	22	21
Ayr	6	-	47	37
Banff	-	-	7	7
Campbeltown	1	-	5	4
Cupar	1	-	21	14
Dingwall	3	-	24	5
Dornoch	1	-	3	-
Dumbarton	2	1	51	28
Dumfries	5	5	26	20
Dundee	6	3	66	32
Dunfermline	1	-	44	40
Dunoon	4	-	17	8
Duns	-	-	2	4
Edinburgh	13	10	197	136
Elgin	-	1	51	8
Falkirk	7	-	103	28
Forfar	12	-	28	1
Fort William	2	-	13	3
Glasgow	42	11	476	151
Greenock	1	-	22	28
Haddington	1	2	14	25
Hamilton	1	3	107	94
Inverness	9	2	68	16
Jedburgh	-	5	4	20
Kilmarnock	-	1	66	43
Kirkcaldy	7	-	82	84
Kirkcudbright	-	-	6	9
Kirkwall	1	-	11	3
Lanark	-	-	14	6
Lerwick	-	-	9	-
Livingston	3	3	33	32
Lochmaddy	1	-	1	-
Oban	1	-	5	-
Paisley	9	1	109	42
Peebles	-	1	-	5
Perth	4	4	50	17
Peterhead	4	3	27	12
Rothesay	-	-	1	2
Selkirk	1	-	5	4
Stirling	1	-	37	26
Stonehaven	2	1	8	4
Stornoway	-	-	9	-
Stranraer	-	1	10	6
Tain	-	-	12	-
Wick	-	-	18	7
Grand Total	185	68	2,182	1,157

Note:

1. The information in this table has been extracted from the Crown Office and Procurator Fiscal Service''s case management database. The database is a live, operational database used to manage the processing of reports submitted to Procurators Fiscal by the police and other reporting agencies. If a Procurator Fiscal amends a charge submitted by a reporting agency, the database will record details only of the amended charge.

Question reference: S3W-36707

Asked by: Gavin Brown, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 05 October 2010
Current Status: Answered by Frank Mulholland on 1 November 2010

To ask the Scottish Executive how many direct measures were issued for (a) assault and (b) assault to injury in August 2010, broken down by sheriff court.

The following table shows the number of charges of (a) assault and (b) assault to injury where the initial decision taken by the Procurator Fiscal was to deal with the offending behaviour by means of a direct measure in August 2010.

The 252 charges relate to a total of 229 persons issued with an offer of a direct measure, out of a total of 3,949 persons offered a direct measure during the same period.

The figures include only those direct measures that were affected by the provisions in the Criminal Proceedings etc (Reform) (Scotland) Act 2007.

Office	Direct Measures Issued		Charges Reported
Office	Assault	Assault to Injury	Assault	Assault to Injury
Aberdeen	14	4	164	94
Airdrie	2	3	44	28
Alloa	-	-	29	13
Arbroath	1	1	24	26
Ayr	3	-	69	64
Banff	-	-	5	7
Campbeltown	-	1	5	2
Cupar	1	-	18	4
Dingwall	1	1	15	-
Dornoch	-	-	8	-
Dumbarton	7	-	71	36
Dumfries	5	4	31	35
Dundee	7	2	63	21
Dunfermline	5	1	67	26
Dunoon	1	-	16	2
Duns	-	1	1	2
Edinburgh	14	7	164	145
Elgin	7	3	22	17
Falkirk	24	5	126	39
Forfar	6	-	33	10
Fort William	1	-	5	2
Glasgow	26	11	526	110
Greenock	1	-	22	6
Haddington	1	2	23	19
Hamilton	2	2	97	102
Inverness	5	-	83	9
Jedburgh	-	-	5	2
Kilmarnock	3	3	131	65
Kirkcaldy	8	1	99	51
Kirkcudbright	-	4	6	4
Kirkwall	-	-	13	-
Lanark	1	-	12	10
Lerwick	1	-	11	-
Livingston	3	-	47	55
Lochmaddy	-	-	2	-
Oban	1	-	8	4
Paisley	10	-	73	40
Peebles	-	2	4	4
Perth	1	-	53	14
Peterhead	7	1	26	7
Portree	-	-	1	-
Rothesay	-	-	4	1
Selkirk	3	1	6	12
Stirling	-	-	48	7
Stonehaven	2	1	13	13
Stornoway	3	-	4	-
Stranraer	-	-	12	5
Tain	11	-	23	-
Wick	2	1	10	9
Grand Total	190	62	2,342	1,122

Note:

1. The information in this table has been extracted from the Crown Office and Procurator Fiscal Service''s case management database. The database is a live, operational database used to manage the processing of reports submitted to Procurators Fiscal by the police and other reporting agencies. If a Procurator Fiscal amends a charge submitted by a reporting agency, the database will record details only of the amended charge.

Question reference: S3W-36705

Asked by: Gavin Brown, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 05 October 2010
Current Status: Answered by Frank Mulholland on 1 November 2010

To ask the Scottish Executive how many direct measures were issued for (a) assault and (b) assault to injury in June 2010, broken down by sheriff court.

The following table shows the number of charges of (a) assault and (b) assault to injury where the initial decision taken by the Procurator Fiscal was to deal with the offending behaviour by means of a direct measure in June 2010.

The 193 charges relate to a total of 181 persons issued with an offer of a direct measure, out of a total of 3,522 persons offered a direct measure during the same period.

The figures include only those direct measures that were affected by the provisions in the Criminal Proceedings etc (Reform) (Scotland) Act 2007.

Office	Direct Measures Issued		Charges Reported
Office	Assault	Assault to Injury	Assault	Assault to Injury
Aberdeen	9	3	152	87
Airdrie	4	4	51	66
Alloa	-	-	46	31
Arbroath	-	-	23	8
Ayr	4	1	66	64
Banff	-	-	5	9
Campbeltown	2	-	7	5
Cupar	-	-	21	16
Dingwall	2	-	12	5
Dornoch	-	-	1	-
Dumbarton	4	-	54	26
Dumfries	7	1	32	24
Dundee	3	3	71	65
Dunfermline	1	1	42	31
Dunoon	3	-	15	3
Duns	-	2	2	7
Edinburgh	15	5	153	146
Elgin	2	8	33	12
Falkirk	13	2	85	37
Forfar	1	-	11	2
Fort William	1	-	3	5
Glasgow	23	3	573	206
Greenock	-	-	17	30
Haddington	1	2	18	20
Hamilton	3	1	82	85
Inverness	8	5	74	13
Jedburgh	-	1	4	13
Kilmarnock	9	-	106	72
Kirkcaldy	4	-	64	53
Kirkcudbright	-	-	1	5
Kirkwall	3	-	16	-
Lanark	-	-	20	8
Lerwick	-	-	10	-
Livingston	4	1	38	33
Lochmaddy	-	-	3	-
Oban	-	-	12	2
Paisley	3	1	90	49
Peebles	-	-	1	1
Perth	3	-	70	25
Peterhead	4	-	27	14
Portree	-	-	3	-
Rothesay	-	-	5	1
Selkirk	-	-	8	6
Stirling	1	-	38	16
Stonehaven	-	-	9	4
Stornoway	6	-	14	-
Stranraer	1	1	4	9
Tain	3	-	28	3
Wick	1	-	16	9
Grand Total	148	45	2,236	1,326

Note:

1. The information in this table has been extracted from the Crown Office and Procurator Fiscal Service''s case management database. The database is a live, operational database used to manage the processing of reports submitted to Procurators Fiscal by the police and other reporting agencies. If a Procurator Fiscal amends a charge submitted by a reporting agency, the database will record details only of the amended charge.

Question reference: S3W-36739

Asked by: Gavin Brown, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 06 October 2010
Current Status: Answered by Shona Robison on 1 November 2010

To ask the Scottish Executive how many test-purchase visits in the Lothians region under the enhanced Tobacco Sales Enforcement Programme in (a) 2008-09 and (b) 2009-10 resulted in tobacco products being sold to an underage person by a licensee for the (i) first and (ii) second time and what action was taken against the licensee in each case.

The information requested is as follows:

2008-09	No. 1st Failures	No. 2nd Failures	Actions
East Lothian	7	0	Seven reports to Procurator Fiscal (PF) resulting in seven fiscal Warnings (FW)
Edinburgh	4	0	Eight local authority written warnings (LAWW)
Midlothian	0	0	0
West Lothian	17	3	21 LAWW and two reports to PF resulting in no proceedings against retailers. One seller was found guilty but was admonished following a plea
2009-10	No. 1st Failures	No. 2nd Failures	Actions
East Lothian	4	0	Four reports to PF resulting in three FWs and one seller receiving a fine of £250, owner found not guilty.
Edinburgh	59	3	119 LAWW and three reports to PF resulting in: a. Case One: found guilty, owner fined £1,000, seller fined £200 b. Case Two: found guilty, owner fined £800, seller not guilty c. Case Three: found guilty, owner fined £180, seller not guilty
Midlothian	3	0	Three reports to PF resulting in: a. Case One: found guilty, owner fined £150 b. Case Two: fiscal fine £100 owner c. Case Three: no proceedings
West Lothian	2	0	0

The reason why there are more written warnings than failures is because in many cases the owner of the premises as well as the seller receives a written warning as it is believed they also commit an offence through vicarious liability.

Question reference: S3W-36704

Asked by: Gavin Brown, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 05 October 2010
Current Status: Answered by Frank Mulholland on 1 November 2010

To ask the Scottish Executive how many direct measures were issued for (a) assault and (b) assault to injury in May 2010, broken down by sheriff court.

The following table shows the number of charges of (a) assault and (b) assault to injury where the initial decision taken by the Procurator Fiscal was to deal with the offending behaviour by means of a direct measure in May 2010.

The 198 charges relate to a total of 177 persons issued with an offer of a direct measure, out of a total of 3,336 persons offered a direct measure during the same period.

The figures include only those direct measures that were affected by the provisions in the Criminal Proceedings etc (Reform) (Scotland) Act 2007.

Office	Direct Measures Issued		Charges Reported
Office	Assault	Assault to Injury	Assault	Assault to Injury
Aberdeen	9	3	181	63
Airdrie	7	6	63	42
Alloa	-	-	29	18
Arbroath	-	-	31	38
Ayr	2	2	60	45
Banff	-	-	5	13
Campbeltown	-	-	9	2
Cupar	1	-	6	9
Dingwall	1	-	28	1
Dornoch	-	-	2	-
Dumbarton	5	2	51	27
Dumfries	1	4	24	26
Dundee	12	3	83	49
Dunfermline	1	2	58	39
Dunoon	-	-	20	1
Duns	1	-	5	5
Edinburgh	3	6	180	167
Elgin	-	3	49	25
Falkirk	18	-	97	22
Forfar	3	-	21	6
Fort William	-	-	9	-
Glasgow	25	5	471	175
Greenock	-	2	22	12
Haddington	-	-	20	42
Hamilton	2	4	96	111
Inverness	1	3	111	7
Jedburgh	3	-	7	7
Kilmarnock	2	2	129	61
Kirkcaldy	3	1	63	56
Kirkcudbright	1	-	1	1
Kirkwall	-	-	21	-
Lanark	-	-	13	11
Lerwick	-	-	3	-
Livingston	3	1	47	36
Oban	-	-	15	2
Paisley	4	1	92	63
Peebles	-	1	-	3
Perth	3	1	78	25
Peterhead	11	7	27	22
Portree	-	-	2	-
Rothesay	1	-	2	-
Selkirk	-	-	5	10
Stirling	1	-	26	25
Stonehaven	-	-	9	8
Stornoway	8	-	27	-
Stranraer	3	-	12	9
Tain	-	-	25	1
Wick	4	-	14	5
Grand Total	139	59	2,349	1,290

Note:

1. The information in this table has been extracted from the Crown Office and Procurator Fiscal Service''s case management database. The database is a live, operational database used to manage the processing of reports submitted to Procurators Fiscal by the police and other reporting agencies. If a Procurator Fiscal amends a charge submitted by a reporting agency, the database will record details only of the amended charge.

Question reference: S3W-36708

Asked by: Gavin Brown, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 05 October 2010
Current Status: Answered by Frank Mulholland on 1 November 2010

To ask the Scottish Executive how many direct measures were issued for (a) assault and (b) assault to injury in September 2010, broken down by sheriff court.

The following table shows the number of charges of (a) assault and (b) assault to injury where the initial decision taken by the Procurator Fiscal was to deal with the offending behaviour by means of a direct measure in September 2010.

The 222 charges relate to a total of 210 persons issued with an offer of a direct measure, out of a total of 3,812 persons offered a direct measure during the same period.

The figures include only those direct measures that were affected by the provisions in the Criminal Proceedings etc (Reform) (Scotland) Act 2007.

Office	Direct Measures Issued		Charges Reported
Office	Assault	Assault to Injury	Assault	Assault to Injury
Aberdeen	8	4	182	64
Airdrie	5	1	62	46
Alloa	-	-	33	16
Arbroath	2	-	38	13
Ayr	3	3	61	37
Banff	-	-	7	5
Campbeltown	-	-	9	5
Cupar	4	-	24	14
Dingwall	1	-	9	1
Dornoch	1	-	4	-
Dumbarton	6	2	58	25
Dumfries	4	3	39	21
Dundee	4	-	85	40
Dunfermline	3	2	37	14
Dunoon	2	-	5	-
Duns	2	1	2	5
Edinburgh	22	11	179	146
Elgin	2	1	46	19
Falkirk	12	-	82	28
Forfar	2	-	22	1
Fort William	1	-	3	5
Glasgow	20	8	431	113
Greenock	1	1	24	16
Haddington	-	2	4	30
Hamilton	3	3	105	79
Inverness	5	2	91	4
Jedburgh	2	-	7	7
Kilmarnock	10	3	79	51
Kirkcaldy	7	4	126	21
Kirkcudbright	-	-	2	5
Kirkwall	6	-	4	-
Lanark	-	-	13	13
Lerwick	4	-	12	-
Livingston	4	-	48	46
Lochmaddy	-	-	4	-
Oban	-	-	6	4
Paisley	2	1	72	40
Peebles	-	-	3	1
Perth	5	-	50	15
Peterhead	4	-	35	11
Rothesay	1	-	2	1
Selkirk	-	-	3	10
Stirling	1	-	47	14
Stonehaven	1	-	15	2
Stornoway	-	-	12	-
Stranraer	4	2	19	10
Tain	3	-	18	-
Wick	1	-	9	7
Grand Total	168	54	2,228	1,005

Note:

1. The information in this table has been extracted from the Crown Office and Procurator Fiscal Service''s case management database. The database is a live, operational database used to manage the processing of reports submitted to Procurators Fiscal by the police and other reporting agencies. If a Procurator Fiscal amends a charge submitted by a reporting agency, the database will record details only of the amended charge.

Question reference: S3W-36689

Asked by: Gavin Brown, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Monday, 04 October 2010
Current Status: Answered by Shona Robison on 1 November 2010

To ask the Scottish Executive how many people in the Lothians region under the age of 16 have been diagnosed with a sexually transmitted disease in each of the last three years, broken down by (a) age and (b) type of infection.

The number of laboratory reports of sexually transmitted infections among persons aged under 16 in NHS Lothian in each of the last three years is set out below. It has not been possible to present the data as requested because of the potential for disclosure of individual identities from the very small numbers.

For those who may have put themselves at risk of a sexually transmitted infection, it is important that they come forward for testing and, if necessary, treatment. In line with Scotland''s sexual health strategy Respect and Responsibility and National Outcomes 2008-11, NHS boards have improved access to sexual health information, advice and services for young people, including chlamydia testing and treatment. This will account for some of the increase in positive tests for chlamydia.

Education has a key role to play in improving sexual health. With the full introduction of Curriculum for Excellence from August 2010, children and young people will learn, as part of a broad health and wellbeing curriculum strand, about relationships, sexual health and parenthood.

Condition	2007	2008	2009
Genital Chlamydia	62	69	86
Genital Herpes	*	*	*
Gonorrhoea	*	*	*

Note: Cells containing * contain small numbers (less than 10 cases) which are suppressed to protect patient confidentiality.

Source: Health Protection Scotland.

Question reference: S3W-36687

Asked by: Gavin Brown, MSP for Lothians, Scottish Conservative and Unionist Party
Date lodged: Monday, 04 October 2010
Current Status: Answered by Frank Mulholland on 1 November 2010

To ask the Scottish Executive what the monetary value was of the assets recovered from drug dealers in the Lothians and Borders police force area in 2009-10.

In the financial year ending 31 March 2010 the National Casework Division (NCD) of the Crown Office and Procurator Fiscal Service was successful in obtaining 10 confiscation orders in drugs cases where the criminality was centred in the Lothian and Borders Police Force Area. The total value of the 10 orders amounted to was £126,784.19.

In the same period, the Civil Recovery Unit (CRU) dealt with a total of 44 cases in which £128,424.03 was forfeited in the Lothian and Borders Police Force area. The CRU cases involved a range of alleged criminality including drug dealing.

The Crown Office and Procurator Fiscal Service and the CRU are committed to working closely with law enforcement to ensure that the powers in the Proceeds of Crime legislation are properly applied and used in all appropriate cases.

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