Chamber and committees

In terms of recorded offences, the data received from Police Scotland for producing the National Statistics on Recorded Crime, is a simple count of the number of crimes and offences, for each local authority, which the police have recorded and cleared up.

The nature of this data is such that while some crime codes refer to a single act or section of legislation, others include a wider range of legislation. As such we are unable to separately identify crimes and offences recorded under either Section 2 or Section 36 of the Road Traffic Act 1988. We are able to separately identify crimes recorded under Section 3, which relates to careless and inconsiderate driving. This document has been placed with the Scottish Parliament, bib number 63591. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

The document provides figures for 2018-19 to 2021-22, along with data for the years of 2013-14 to 2017-18. Those earlier years were requested through a previous PQ S5W-22619 on 2 May 2019 and in preparing updated information for this PQ, statisticians identified a small coding error in the calculations made in 2019.

The error meant a small number of cases included in the earlier answer were for another part of the Road Traffic Act, beyond Section 3. This had a negligible impact on the implied magnitude of offences recorded under Section 3 (accounting for less than 0.5% difference for each year at the Scotland level). However we would like to use this PQ answer to highlight the amendment and issue the revised figures for 2013-14 to 2017-18.

In terms of (i) prosecutions and (ii) convictions: These are also included in the aforementioned document (placed with the Scottish Parliament, bib number 63591) – split into each of Sections 2, 3 and 36 of the Road Traffic Act 1988.

Care should be taken when comparing different data sources relating to the criminal justice system. For example recorded crime statistics count crimes and offences at the time that they came to the attention of Police Scotland, while criminal proceedings statistics report on cases which have concluded in court. This means that a crime may be recorded by the police in one year, with charges brought and court proceedings concluded in subsequent years. In addition, a person may be proceeded against for more than one crime, or a set of crimes with more than one victim, in a proceeding, but only the main charge is counted in these court proceedings statistics. There is also the possibility that the crime recorded by the police may be altered in the course of judicial proceedings.

Information is available from the Criminal Proceedings in Scotland 2020-21 statistical publication.

Table 4(b) in the main tables provides information on the number of convictions for 'Driving under influence'; and the additional dataset titled 'Drink and Careless driving' provides further information on the number of convictions for causing death by careless driving when under influence of drink/drugs.

These can be found under the 'Supporting documents' at this link - Criminal Proceedings in Scotland, 2019-20 - gov.scot (www.gov.scot) .

A total of 35 homes have been completed through the Rural and Islands Housing Fund since November 2021. The following table provides a breakdown by local authority area.

The allocation process is managed by the General Teaching Council of Scotland (GTCS). Probationer teachers are allocated to each of the 32 local authorities and to Jordanhill based on their preferences and need identified by the authorities.

As of 31 August 2022 the number and percentage of probationer teachers allocated to each local authority is indicated in the following table.

Child trafficking and exploitation is abuse. When there is reason to believe that a child may have been trafficked or exploited an immediate child protection response is required and an inter-agency referral discussion (IRD) should be undertaken. In cases where a child or young person has been subject to any form of exploitation or trafficking their safety and protection is paramount. Child trafficking and exploitation victims must be cared for and supported within the context of Scotland’s child protection system and the national Getting it right for every child (GIRFEC) approach.

In September 2021 Scottish Government published the revised National Guidance for Child Protection which includes detailed advice for all practitioners who support children and families on identifying and supporting victims of human trafficking and exploitation, including criminal and sexual exploitation.

The Human Trafficking and Exploitation (Scotland) Act 2015 required the Lord Advocate to issue instructions regarding the prosecution of persons who are, or appear to be, the victims of trafficking, slavery, servitude or forced or compulsory labour and who have allegedly committed a criminal offence. The instructions set a strong presumption against prosecution of child victims who have committed an offence in the course of, or as a consequence of, being trafficked or exploited.

The Scottish Government will continue to work with operational partners to better understand what child protection procedures are followed in cases of trafficking and exploitation, and ensure that child protection procedures are activated immediately.

Construction of the masts at Rackwick and Stronsay is complete. Both masts are being developed in collaboration with the Home Office’s Emergency Services Network (ESN). 4G service will, ultimately, be provided on these sites by mobile network operator EE. To move these sites to activation requires the Home Office to execute a Change Request as part of their ESN programme. The Scottish Government is aware of a substantial delay in the Home Office enacting this Change Request which is preventing these masts from moving to service activation.

All efforts are being made by the Scottish Government to expedite this issue which, once resolved, will enable a number of masts including Rackwick and Stronsay proceed to activation.

Any form of human trafficking is completely unacceptable.

Action Area 2 of the Trafficking and Exploitation Strategy is led by Police Scotland’s National Human Trafficking Unit and membership includes a range of law enforcement partners, including the Crown Office and Procurator Fiscal Service. The group is focused on the identification of human trafficking and exploitation perpetrators with the intention of disrupting their criminal activity. Key areas of focus include the development of local, national and international intelligence sharing and utilising all available powers at the disposal of prosecuting authorities to bring offenders to justice.

This includes the National Human Trafficking Unit within Police Scotland enhancing its investigative capability and the Crown Office and Procurator Fiscal Service maintaining its internal structure of local lead human trafficking prosecutors as well as reviewing and updating training for prosecutors and case preparers.

Decisions in relation to prosecution are taken independent of Government by the Lord Advocate and the Crown Office and Procurator Fiscal Service, in line with the published Prosecution Code. The guilt of accused persons is determined by a Sheriff or Jury having heard and considered all of the evidence in each case. Sentencing in any given case is a matter for the independent court.

The Human Trafficking and Exploitation (Scotland) Act 2015, passed unanimously by the Scottish Parliament, gives police and prosecutors greater powers to detect and bring to justice those responsible for trafficking as well as strengthening protections for survivors.

Scotland’s first Trafficking and Exploitation Strategy was published in 2017, focusing on the identification of and support for victims; disruption of perpetrators and addressing the underlying conditions which foster human trafficking and exploitation.

Working in partnership, significant action has taken place and continues to be delivered across each of these strands and this is set out in more detail in the published annual progress reports, with the most recent published in January 2022 - Trafficking and Exploitation Strategy – Fourth Annual Progress Report (www.gov.scot) .