Chamber and committees

Police Scotland do not currently hold this information centrally. However, in June 2013 Police Scotland completed a custody data exercise which captured the solicitor access waiver percentage over a one month period. They were then able to extrapolate for a 12 month period, and concluded that 75% of all persons brought into police custody who had the right of access to a solicitor waived their rights. The final report of Lord Bonomy’s Post Corroboration Additional Safeguards review also refers to analysis of 1000 interviews by Police Scotland in October and November 2014 which showed 71% of those in custody did not seek a consultation with a solicitor.

Police Scotland are currently developing a national custody system and it is intended that the system will record the number of people who are informed of their rights, including those of intimation to a solicitor, consultation and for solicitor to be present during interview. It will also record the acceptance and waiving of the right, and any reason given for the waiver. The national custody system is expected to be in use across Police Scotland by summer 2017, in conjunction with the implementation of Part 1 of the Criminal Justice (Scotland) Act 2016.

The Criminal Justice (Scotland) Act 2016 extends the rights of those in police custody. It provides that all persons held in police custody have the right to speak to a solicitor, regardless of whether they are going to be interviewed by the police or not. It also introduces a statutory requirement on the police to give everyone who is arrested specific information on their rights, including the right to speak to a solicitor. Suspects receive a letter of rights explaining this, which has been translated into 35 languages and is available in an easy read version.

The Solicitor Access Recording Form has not been recently revised, but the process is currently under review and will continue until Part one of the Criminal Justice (Scotland) Act 2016 is commenced in summer 2017. The Solicitor Access Recording Form will not be necessary once the National Custody System has been introduced on commencement of Part one of the Criminal Justice (Scotland) Act 2016.

I refer the member to the answer to question S5W-02299 on 14 September 2016 for more detail about the national custody system. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at: http://www.parliament.scot/parliamentarybusiness/28877.aspx

The Scottish Government is aware that Police Scotland has established an EU Measures review team to consider the implications of the referendum result. The review team reports to the Chief Constable and the timing of its meetings and reports is a matter for Police Scotland.

Information on number of people charged is not held centrally.

For information on number of people charged, I would refer the member to contact The Crown Office and Procurator Fiscal Service.

The available information is shown in the following table.

Persons prosecuted and convicted in Scottish courts for drugs trafficking¹, 2010-11 to 2014-15.

1 - Where main charge.

Source: Scottish Government Criminal Proceedings database

All official Ministerial visits are published at:

http://www.gov.scot/About/People/14944/Events-Engagements/MinisterialEngagements/MinisterialEngagements

The information requested is a matter for the Scottish Police Authority. I have alerted the Chief Executive to your question and I have asked him to write to you.

I recognise and welcome Mr McArthur’s sustained interest in this issue. Scottish Government officials have had preliminary discussions with SSE on this subject, with further talks planned in the coming weeks. I have asked to be kept updated on progress, and I hope that a positive conclusion can be reached and that any such opportunities are taken forward where possible.

As a condition of funding from the Scottish Government, we require Sacro to promote and provide guidance to potential referrers to ensure that awareness of these programmes is high.

The scheme is designed for individuals accused of offensive behaviour at football, and referrals can come from a range of sources including Criminal Justice Social Work teams; Early and Effective Intervention teams; and Crown Office and Procurator Fiscal Service. We look to these partners to decide, based on the facts and circumstances of individual cases, whether to make use of these programmes or if appropriate to prosecute individuals in court.

The ability to refer those who have or who are likely to commit offences related to the Offensive Behaviour at Football and Threatening Communications Act nationwide is still new and these schemes inevitably take time to prove their worth. The initial number of referrals to the Sacro Anti-Sectarian Service diversion from prosecution programme does not undermine the validity of the scheme.

In recognition of the important role that education plays in tackling offensive and abusive behaviour, Crown Office and Procurator Fiscal Service has given a commitment to considering diversion schemes for individuals accused of offensive behaviour at football whenever possible, particularly those under 18 years of age. The Crown Office considers each case and decides based on the facts and circumstances of the offence and the accused whether to prosecute or refer to Sacro. I will meet shortly with the Lord Advocate, James Wolffe QC, to discuss how more suitable young people can be referred to this valuable scheme as a diversion from prosecution.

Between 2013 to 2015 the Scottish Government provided £195,500 to Sacro. This funding was used to research and develop the Sacro Anti-Sectarian Service (SASS), a six module cognitive behavioural therapy (CBT) programme to tackle sectarianism and to pilot a six module CBT programme to target racial attitudes and behaviours. Staff were recruited and appointed to facilitate the programmes, they held open days and met with relevant stakeholders such as Social Work, Police Scotland, British Transport Police and the Crown Office to raise awareness and promote the programmes.

In 2015-16, a further £143,333 was provided to continue to run the SASS programmes and develop a national four module CBT programme for individuals accused of offensive behaviour at football, particularly those under 18 years of age. Staff were trained in all Sacro offices to ensure national coverage across Scotland. A sectarianism awareness raising programme for prison professionals was also developed and ran in HM Prison Cornton Vale and HM Prison and Young Offenders Institute Polmont. Sacro also continued to promote and liaise with relevant agencies and stakeholders.

In 2015-16, £85,000 has been provided to SACRO to continue to promote, raise awareness, and facilitate the programmes, providing coverage across the country for those suitable for referral.