Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S4W-29589

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Monday, 01 February 2016
Current Status: Answered by Michael Matheson on 24 February 2016

To ask the Scottish Government what the average prisoners sentence is, and how this compares with the average length of time served.

The latest published figures showing the average length of a prison sentence can be found on the Scottish Government website at http://www.gov.scot/Publications/2015/12/5123/0 (table A.12). For direct sentenced receptions to prison during 2013-14, the average sentence length was 354 days. Data for later time periods are not currently available due to technical reasons.

The average length of time served can only be calculated on release from prison. The average length of time served on a sentence for those liberated from prison in 2013-14 was 157 days. This figure cannot be compared with the average sentence length noted above as it applies to a different cohort of prisoners. The average time served on a sentence does not include time served while on remand, or on early release under home detention curfew.

Question reference: S4W-29694

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Thursday, 04 February 2016
Current Status: Answered by Derek Mackay on 24 February 2016

To ask the Scottish Government what data protection protocols have been implemented to ensure that the information contained in the Blue Badge holder database is not accessed inappropriately.

Question reference: S4W-29726

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Thursday, 04 February 2016
Current Status: Answered by Michael Matheson on 24 February 2016

To ask the Scottish Government on what date it will (a) publish an analysis of responses to the consultation on proposals to strengthen the presumption against short prison sentences and (b) set out how it plans to proceed, and what discussions it has had on this matter.

I am grateful to everyone who submitted a response to the consultation on proposals to strengthen the presumption against short sentences. We consulted on these proposals because it is important to have a wide range of views to inform our approach to the issue.

We are now considering the responses before making a decision on how we proceed. We will set out our plans for strengthening the presumption against short sentences, along with an analysis of the responses, in due course.

Question reference: S4T-01322

Current Status: Withdrawn

Question reference: S4O-05585

Current Status: Withdrawn

Question reference: S4W-29574

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Friday, 29 January 2016
Current Status: Answered by Michael Matheson on 12 February 2016

To ask the Scottish Government what the the average cost is for a person to carry out a (a) community-based sentence and (b) diversion from offending programme.

(a) An estimate of the unit cost of Community Payback Orders (CPOs) and the orders they replaced (Community Service Orders, Probation Orders and Supervised Attendance Orders) is available on-line at http://www.gov.scot/Topics/Statistics/Browse/Crime-Jusice/Publications/costcrimjustscot/costcrimjustdataset. This was estimated in March 2015 to be £1,909.

It should be noted that this is an estimated average cost, the specific unit costs for CPOs will vary depending on their length and intensity.

(b) Average costs of individual diversion programmes is not held centrally. Again, these costs will vary depending on the nature and intensity of the programmes.

This government is committed to ensuring that robust and credible diversion and community sentences are available across Scotland. That is why we have protected the overall community justice budget, including funding for diversion services and community payback orders. In 2015-16 we allocated approximately £100 million funding to Community Justice Authorities working with a range of organisations and partners to help to deliver community sentences, support the rehabilitation of offenders and reduce re-offending.

To further support our commitment to increasing the use of robust community sentences, we have allocated an additional £4 million to the community justice services in the 2016-17 draft Scottish Budget.

Question reference: S4W-29573

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Friday, 29 January 2016
Current Status: Answered by Michael Matheson on 12 February 2016

To ask the Scottish Government what the average length is of a (a) community-based sentence and (b) diversion from offending programme.

(a) The Scottish Government does not hold information on the average length of all community-based sentences. Community sentences can vary in length, depending on the nature of the offence and the background and needs of the individual. As with all disposals, decisions about community sentences and the length of those imposed are matters for the court, on the basis of the individual facts of each case.

We do, however, collect information on the average length of Community Payback Orders (CPOs) which terminate in each year. In 2013-14, the first year where we have complete data, the average length of CPOs which terminated during that year was 284 days.

b) Information on the average length of a diversion from offending programme is not held centrally. As with community sentences, the length of an individual diversion programme will vary depending on the needs and circumstances of the person and the nature of their offence.

Diversion programmes are normally used with relatively minor offences where there is sufficient evidence for a prosecution but the procurator fiscal believes that such action would not necessarily be in the public interest.

The majority of diversion programmes operate on a deferred model, whereby the decision to mount a formal prosecution is deferred during the period of diversion. If the individual decides to decline the offer, or does not co-operate with the programme, the procurator fiscal may prosecute the case in the normal way.

Question reference: S4W-29576

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Friday, 29 January 2016
Current Status: Answered by Michael Matheson on 10 February 2016

To ask the Scottish Government, further to the answer to question S4W-27438 by Michael Matheson on 22 September 2015, whether it will provide an update on the progress of developing guidance on the use of restorative justice, and on what date the guidance will be published.

The Scottish Government is currently considering draft guidance which was prepared by the Scottish Restorative Justice Forum in 2015, along with extensive and constructive feedback on that draft which was provided by key victim support organisations.

While the Scottish Government is keen to publish guidance as soon as possible, it is crucial to ensure that this takes into account the views of those with expertise in both restorative justice and victims’ issues. A further draft of the guidance will be developed by the Scottish Government and circulated to the Scottish Restorative Justice Forum and victim support organisations by the end of March 2016 for comment and discussion, but the final guidance will not be published during the current parliamentary session.

Question reference: S4W-29577

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Friday, 29 January 2016
Current Status: Answered by Michael Matheson on 10 February 2016

To ask the Scottish Government whether it has considered using alternative providers for the victim surcharge fund.

Question reference: S4W-29572

Asked by: Alison McInnes, MSP for North East Scotland, Scottish Liberal Democrats
Date lodged: Friday, 29 January 2016
Current Status: Answered by Michael Matheson on 10 February 2016

To ask the Scottish Government what progress it is making in establishing the victim surcharge fund, and when it expects the fund to (a) be operational and (b) issue its first payment.

Preparatory work for the establishment and administration of the victim surcharge fund is on-going. The timetable for the introduction of the fund has been influenced by a number of factors, including further detailed consideration of viable options for delivery and the potential role of third sector or other organisations in this process. To inform this consideration, I have asked my officials to engage with key victim support organisations and others with experience of administering similar schemes to determine how the fund can be most effectively managed and delivered to benefit the victims of crime.

These planned discussions will inform the timing of the establishment of the fund and first payments during the next Parliament. Further details of how the fund will operate must be set out in subordinate legislation, which will be subject to parliamentary approval in due course.