Chamber and committees

This government have committed to include guidance on the use of restraint (for all children, including children with complex additional support needs), in the context of de-escalation as part of early intervention approaches in our refreshed guidance ‘Included, Engaged and Involved Part two: A Positive Approach to Preventing and Managing School Exclusions’.

This refreshed guidance will be published 2016-17.

In addition, ‘Holding Safely’ (updated 2013) Scottish Government guidance on the use of restraint in residential settings (which is applicable in schools and other establishments) is available.

We have committed to incorporating guidance on restraint in school settings in our refreshed guidance ‘Included, Engaged and Involved Part two: A Positive Approach to Preventing and Managing School Exclusions’. It will be clear that any incident where a decision is made to physically restrain a child or young person must be recorded and monitored. Details on how this should be undertaken should be included in a local authority’s policy on de-escalation, physical intervention and restraint.

The recording and monitoring of such incidents will help local authorities to monitor the effectiveness of their policy and practice and enable them to review and improve, where appropriate, their policy and also help identify professional learning needs.

This refreshed guidance will be published 2016-17. It will be clear that the use of physical intervention and physical restraint should be seen within the context of early intervention, positive relationships and behaviour and used only as a last resort, in line with the United Nations Committee on the Rights of the Child recommendations.

In other non-school settings further work has been done and is being undertaken in relation to restraint:

Scottish Government Guidance ‘Holding Safely’ on the use of restraint in residential settings (which is applicable in schools and other establishments) was updated in 2013.

Scottish Government has asked the Care Inspectorate to gather information regarding restraint practice in secure care during 2016-17 to inform improvement.

Scottish Government also published additional guidance for child protection for disabled children (2014). This applies to all settings, and states that inappropriate restraint, sanctions, humiliation, intimidation, verbal abuse, and having needs ignored; depending on the circumstances, may also be criminal offences, acts of gross misconduct and reportable to Police Scotland and relevant professional regulatory bodies.

The Scottish Government does not hold this information centrally.

The deployment of tasers is an operational matter for the Chief Constable of Police Scotland. The specific make and model available must be approved by the Home Secretary.

The UN Committee on the Rights of the Child published its Concluding Observations on the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland on 9 June 2016. The Scottish Government is considering carefully the full range of conclusions and recommendations raised by the Committee and will engage with relevant stakeholders shortly on next steps. Actions following from the Concluding Observation will be taken forward in line with Ministers’ specific responsibilities in relation to children’s rights under Part 1 of the Children and Young People (Scotland) Act 2014.

The current review of enterprise and skills is considering the support offered by our enterprise and skills agencies, including the Scottish Funding Council, with a view to ensuring that they provide the joined-up support that young people, universities, colleges, training providers, businesses and the workforce need. The review will report shortly.

Currently in Scotland, Electronic Monitoring is available as a Restriction of Liberty Order or for those released from prison on Home Detention Curfew. Electronic Monitoring is also used by the Parole Board as a condition of licence; as a Restricted Movement Requirement as part of Community Payback Order; as a Movement Restriction Condition for young people; or as a condition of a Drug Treatment and Testing Order. Support is dependent on the individual circumstances.

However, we know from international evidence that electronic monitoring can be a useful tool that can aid reducing reoffending when set within a wider package of support. The Scottish Government established an expert Working Group to look at Electronic Monitoring in Scotland to consider how best we take this forward specifically looking at: how electronic monitoring can be used at different points in the criminal justice system; what level of support can be provided in the community whilst maintaining public protection; and the opportunities that new technologies can provide.

The Working Group submitted their report to me at the start of the summer, and I plan to publish their report and recommendations shortly.

We know from international evidence, such as the report 'Creativity and Effectiveness in the use of electronic monitoring', that electronic monitoring is a useful tool that can aid reducing reoffending when it is set within a wider package of support. The Scottish Government established an expert Working Group to look at Electronic Monitoring in Scotland to consider how best we take this forward, specifically looking at how electronic monitoring can be used at different points in the criminal justice system; what level of support can be provided in the community whilst maintaining public protection; and the opportunities that new technologies can provide.

The Working Group submitted their report to me at the start of the summer, and I plan to publish their report and recommendations shortly.

On 8 September 2015, during the passage of the Criminal Justice (Scotland) Bill, the Cabinet Secretary for Justice announced that the Scottish Government would take forward the recommendations made in Lord Bonomy's Post Corroboration Safeguards Review in relation to jury research.

As outlined in the Programme for Government, by spring 2017, the Scottish Government will commission independent jury research to consider the dynamics of decision-making by juries, including the current jury majority and three verdict system, helping to inform future proposals for the reform of the criminal justice system.

Local policing priorities are set out in local police plans, prepared by local police commanders in partnership with the relevant local authority.