Chamber and committees

It is anticipated that there will be a UK wide consultation later in the year.

The event held on 17 June 2011 was designed to engage with stakeholders and seek their views on the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill on the day it was published by the Scottish Parliament. The George Hotel, Edinburgh, was chosen as it was the most suitable venue available on the day.

The event held on 17 June 2011 was designed to engage with stakeholders and seek their views on the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill. This was an open event and invitations were circulated widely to Scottish Government contacts.

A broad and diverse range of stakeholders attended the event, including the Clerk of the Scottish Parliament's Justice Committee, those representing religious communities, the voluntary sector, organisations representing young people, the police, football supporter’s groups, COSLA, the Local Authority Equality Network, the Equality and Human Rights Commission, University Chaplains, the Law Society of Scotland and the Scottish Human Rights Commission. The total cost of the event was £3951.

The evaluation of the Scottish statute book is a function of the government and the Parliament. Legislation is reviewed on an ongoing basis, particular focus will often arise in an area of law covered by an act or a series of acts as a result of policy and legal developments in that area of law.

Substantial progress in improving the rights of victims within our justice system was made in the course of the previous Parliament, including improving the ability of courts to award compensation payable by an offender to a victim and allowing courts to review an award of compensation in cases where an offender has had a substantial increase in means.

That progress will continue with the introduction of a victims’ rights bill. As part of the preparation for that bill, consideration is being given to measures that could further enhance the payment of compensation due to a victim by an offender.

A comprehensive programme of reform is in progress, with several substantial steps already completed and further reforms planned.

The second session of the Scottish Parliament legislated to reform both the operation of the High Court of Justiciary (in the Criminal Procedure (Amendment) (Scotland) Act 2004) and the operation of the summary justice system (in the Criminal Proceedings etc. (Reform) (Scotland) Act 2007).

Both of those measures were passed with substantial cross party support. In government, we have continued implementation of the 2007 Act’s reforms to the system of summary justice. This has assisted court programming by reducing unnecessary hearings and in allowing lower-level offending to be diverted from the courts. Government monitoring and evaluation of the impact of summary justice reform continues. For further detail, I refer the member to the answer to question S3W-13333 on 9 June 2008. 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/Apps2/Business/PQA/Default.aspx.

The Scottish Government has established Making Justice Work, a wide-ranging programme designed to examine further ways of improving the speed and efficiency of handling criminal cases. The Scottish Government is also committed to the implementation of the Review of Sheriff and Jury undertaken by Sheriff Principal Bowen who submitted his report to Scottish ministers on 11 June 2010. Taking forward reform to the Scottish civil courts system (following Lord Gill’s September 2009 report) will also have an impact upon the administration of the criminal courts.

The Scottish Government has also sought a review of the law and practice of Scottish criminal cases in light of the United Kingdom Supreme Court's decision in the case of Cadder v HM Advocate. This review, led by Lord Carloway, is expected to report in autumn 2011.

On 5 June 2011, the Scottish Government appointed a group of independent specialists in Scots law to review the law and practice currently governing the respective jurisdictions of the High Court of Justiciary and the Supreme Court in court cases involving the application of human rights law.

On 1 April 2010, the Judiciary and Courts (Scotland) Act 2008 established the Scottish Court Service (SCS) as a new, independent statutory body. Specific questions of day to day administration therefore fall within the responsibility of SCS.

There are already mechanisms in place to take account of victims’ concerns in both the area of community sentencing and when decisions to release offenders on licence are taken. In respect of community sentences, practice guidance for criminal justice social workers stresses the importance of considering victims’ issues in looking at both the suitability, and subsequent management, of a community sentence. Criminal justice social work reports submitted to the court to assist in the sentencing process will take into account, as far as practicable, the possible impact of a community sentence on the victim.

In relation to release on licence, the Criminal Justice (Scotland) Act 2001 allows victims to make written representations to the parole board when an offender sentenced to 18 or more months in prison is being considered for release on licence, and the Scottish Government is considering introducing procedures that will allow victims to make oral representations to a member of the Parole Board.

The Scottish Government is planning a victims’ rights Bill, and is looking at a range of options for further enhancing the rights of victims.

Payments made to innocent victims of violent crime are made under provisions of the Criminal Injuries Compensation Scheme, which applies in Scotland, England and Wales and is founded on the Criminal Injuries Compensation Act 1995, an act of the UK Parliament. Changes to the scheme are the responsibility of the Ministry of Justice, in consultation with Scottish ministers. Kenneth Clarke MP, the Secretary of State for Justice, announced a review of the scheme on 19 October 2010.

I have asked John Ewing, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

The SPS completed the site acquisition for HMP Inverclyde on 31 March 2011.

The SPS remains committed to building HMP Highland, as a replacement for HMP Inverness but has not completed the site acquisition.

The Scottish Government has no plans to extend the witness service to all Justice of the Peace Courts.