Questions and answers

Question reference: S4W-21815

Asked by: Margaret Mitchell, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 18 June 2014
Current Status: Answered by Alex Neil on 15 July 2014

To ask the Scottish Government, further to the answer to question S4O-03329 by Alex Neil on 11 June 2014 (Official Report, c. 32073), whether older people being discharged from hospital are screened for malnutrition.

All patients are screened throughout their hospital stay through the use of the Malnutrition Universal Screening Tool, and if a patient is identified as being malnourished staff should undertake appropriate referrals and assessments through to the patient’s discharge. Patients receive a discharge summary when they leave hospital in which any concerns about their nutritional status are highlighted. These concerns are then discussed with the patient’s GP or community nurses.

Healthcare Improvement Scotland are currently consulting on revised Food, Fluid and Nutrition Standards which are likely to reinforce the importance of discharge planning, and the need to develop that planning with the patient and, where appropriate, carers. The revised standards are due to be published in October 2014.

Question reference: S4W-21278

Asked by: Margaret Mitchell, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 21 May 2014
Current Status: Answered by Kenny MacAskill on 26 June 2014

To ask the Scottish Government what the average time from caution and charge to verdict has been for (a) sheriff summary court cases and (b) Justice of the Peace court cases in each (i) year since 2007 and (ii) month since September 2013.

The overall timescales for the processing of cases are kept under review on a national basis by the Justice Board. Local criminal justice boards keep the position in individual courts under review and respond to changes as appropriate. The available information is given in the following tables.

(i)

Average time taken (in days) for summary criminal cases (caution & charge to verdict) –financial years

	2007-08	2008-09	2009-10	2010-11	2011-12	2012-13	2013-14
District Court/Justice of the Peace Court¹	171	151	139	148	148	141	153
Sheriff Court	159	135	122	131	133	138	141

(ii)

Average time taken (in days) for summary criminal cases (caution & charge to verdict)-by month from Sept 2013

	Sep-13	Oct-13	Nov-13	Dec-13	Jan-14	Feb-14	Mar-14	Apr-14
District Court/Justice of the Peace Court¹	148	152	152	154	171	177	179	177
Sheriff Court	139	136	141	139	145	153	152	147

1. Data for Glasgow & Strathkelvin Stipendiary Court are included in the Justice of the Peace data. Justice of the Peace Courts replaced District Courts between March 2008 and February 2010.

Source: COPFS Management Information

Question reference: S4W-21277

Asked by: Margaret Mitchell, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 21 May 2014
Current Status: Answered by Kenny MacAskill on 26 June 2014

To ask the Scottish Government what percentage of (a) sheriff summary court cases and (b) Justice of the Peace court cases has been dealt with within 26 weeks from caution and charge to verdict in each (i) year since 2007 and (ii) month since September 2013.

The overall timescales for the processing of cases are kept under review on a national basis by the Justice Board. Local criminal justice boards keep the position in individual courts under review and respond to changes as appropriate. The available information is given in the following tables.

(i)

Percentage of summary criminal cases dealt with within 26 weeks (caution & charge to verdict)-financial years

	2007-08	2008-09	2009-10	2010-11	2011-12	2012-13	2013-14
District Court/Justice of the Peace Court¹	69%	75%	78%	74%	76%	77%	73%
Sheriff Court	67%	73%	76%	73%	72%	71%	71%

(ii) Percentage of summary criminal cases dealt with within 26 weeks (caution & charge to verdict) – by month from Sept 2013

	Sep-13	Oct-13	Nov-13	Dec-13	Jan-14	Feb-14	Mar-14	Apr-14
District Court/Justice of the Peace Court¹	76%	74%	74%	74%	68%	65%	63%	64%
Sheriff Court	72%	73%	71%	72%	68%	66%	67%	68%

1. Data for Glasgow & Strathkelvin Stipendiary Court are included in the Justice of the Peace data. Justice of the Peace Courts replaced District Courts between March 2008 and February 2010.

Source: COPFS Management Information

Question reference: S4W-21279

Asked by: Margaret Mitchell, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 21 May 2014
Current Status: Answered by Kenny MacAskill on 26 June 2014

To ask the Scottish Government what percentage of summary criminal cases in the (a) sheriff court and (b) Justice of the Peace court has been disposed of within 20 weeks from first calling to sentence in each (i) year since 2007 and (ii) month since September 2013.

The overall timescales for the processing of cases are kept under review on a national basis by the Justice Board. Local criminal justice boards keep the position in individual courts under review and respond to changes as appropriate. The available information has been provided by the Scottish Court Service and is given in the following tables.

(i)

Of the Summary Accused persons disposed during the period, this percentage were disposed of within 20 weeks of 1st calling	2007-08	2008-09	2009-10	2010-11	2011-12	2012-13	2013-14
Sheriff Court - National	76.5%	80.0%	75.4%	69.2%	69.0%	65.5%	63.6%
JP Court - National	79.6%	89.6%	91.2%	86.8%	86.1%	86.9%	86.2%

(ii)

Of the Summary Accused persons disposed during the period, this percentage were disposed of within 20 weeks of 1st calling	Sep-13	Oct-13	Nov-13	Dec-13	Jan-14	Feb-14	Mar-14	Apr-14
Sheriff Court - National	65.4%	64.7%	62.2%	62.9%	60.1%	58.1%	57.9%	60.7%
JP Court - National	86.5%	86.7%	86.3%	87.8%	84.4%	83.3%	82.8%	84.5%

Source: SCS Management Information Reports

The Scottish Court Service uses a live operational case management system for the processing of court business. The information held on the system is structured for these operational needs, rather than for statistical reporting or research purposes.

The information provided is based on the best information available from the case management system as at 15th May 2014.

Please note that data for JP Courts for the period 2007-08 to 2009-10 cannot be directly compared to 2010-11 onwards due to the unification of courts administration that occurred gradually by Sheriffdom between March 2008 and February 2010.

Question reference: S4W-21608

Asked by: Margaret Mitchell, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 04 June 2014
Current Status: Answered by Kenny MacAskill on 18 June 2014

To ask the Scottish Government how many (a) prosecutions and (b) convictions there have been each year under the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005.

The available information is given in the following table.

Persons proceeded against under the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005¹.

Financial year	Proceeded against	Charge proved	Not guilty
2005-06	1	1	0
2006-07	3	3	0
2007-08	1	0	1
2008-09	6	6	0
2009-10	6	5	1
2010-11	7	7	0
2011-12	12	10	2
2012-13	6	5	1
Total	42	37	5

1. where main offence.

Question reference: S4O-03329

Asked by: Margaret Mitchell, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 04 June 2014
Current Status: Taken in the Chamber on 11 June 2014

To ask the Scottish Government what measures it is taking to combat malnutrition, which affects some of the most vulnerable older people.

Question reference: S4W-20897

Asked by: Margaret Mitchell, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 28 April 2014
Current Status: Answered by Kenny MacAskill on 8 May 2014

To ask the Scottish Government, in light of the Cabinet Secretary for Justice’s assertion that the case has been made for the abolition of corroboration, for what reason the review group led by Lord Bonomy cannot be allowed to consider this case as part of its review into safeguards against miscarriages of justice.

Parliament approved the general principles of the Criminal Justice (Scotland) Bill, including the removal of the corroboration requirement, at the Bill’s Stage 1 on 27 February 2014.

In establishing Lord Bonomy’s review on additional safeguards, and in agreeing to the proposal by opposition parties to begin Stage 2 of the Criminal Justice (Scotland) Bill after Lord Bonomy reports, the Government acknowledged the legitimate concerns raised about how the Scottish criminal justice system will work without the requirement. Lord Bonomy’s work is specifically focused upon assessing what additional safeguards and changes to Scots criminal law and practice may be needed following abolition of the corroboration requirement. A review of the role of the requirement has already been carried out by Lord Carloway.

The government continues to regard abolition of the requirement as the essential removal of a barrier to justice for many victims of crime, especially offences committed in private. It also considers that the experience of every other jurisdiction comparable to Scotland clearly demonstrates that a general requirement for corroboration is not an essential feature of a modern legal system.

The government considers that there is consequently no need to modify Lord Bonomy’s remit.

Question reference: S4W-20898

Asked by: Margaret Mitchell, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 28 April 2014
Current Status: Answered by Kenny MacAskill on 8 May 2014

To ask the Scottish Government whether it considers that the review group led by Lord Bonomy has enough time to consider the abolition of corroboration as it is due to report in April 2015.

I refer the member to the answer to question S4W-20897 on 8 May 2014. As Lord Bonomy’s review will not be asked to consider the abolition of the general requirement for corroboration in Scots criminal law, the issue does not arise.

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/parliamentarybusiness/28877.aspx.

Question reference: S4W-20899

Asked by: Margaret Mitchell, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Monday, 28 April 2014
Current Status: Answered by Kenny MacAskill on 8 May 2014

To ask the Scottish Government what discussion it has had with the review group led by Lord Bonomy regarding the possibility of extending its remit to consider the case for abolition of corroboration, and what effect this would have on the group's timetable.

Question reference: S4W-20971

Asked by: Margaret Mitchell, MSP for Central Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 01 May 2014
Current Status: Answered by Kenny MacAskill on 8 May 2014

To ask the Scottish Government on what date Lord Bonomy's review group on corroboration first met or will first meet.

Chamber and committees