- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 29 May 2024
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Current Status:
Answered by Siobhian Brown on 7 June 2024
To ask the Scottish Government whether it will publish any legal advice that it has received regarding the potential for any action in the Scottish courts against (a) it and (b) Police Scotland resulting from any disclosure of a non-crime hate incident.
Answer
The recording of non-crime hate incidents is an operational matter for Police Scotland.
Under legal professional privilege the Scottish Government does not disclose the content or source of any legal advice it has received on any topic or whether it has received any legal advice.
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Thursday, 23 May 2024
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Current Status:
Answered by Ruth Charteris on 6 June 2024
To ask the Scottish Government what proportion of hate crime charges or hate crime aggravations have been recorded in Lothian region, to date, under the Hate Crime and Public Order (Scotland) Act 2021.
Answer
Crown Office and Procurator Fiscal Service (COPFS) uses a live, operational database to manage the processing of reports submitted to Procurators Fiscal by the police and other reporting agencies throughout Scotland. It is designed to meet business needs in the processing of criminal cases, rather than for statistical purposes and the information within it is structured accordingly. Information provided is at date of extract and may therefore be subject to change as data and systems are updated for operational reasons.
From 1 April to 28 May 2024, 170 hate crime charges and 615 charges with one or more hate crime aggravations in terms of the Hate Crime and Public Order (Scotland) Act 2021 have been reported to COPFS for the whole of Scotland. The total, therefore, is 785 charges.
From 1 April to 28 May 2024, 33 hate crime charges and 98 charges with one or more hate crime aggravations in terms of the Hate Crime and Public Order (Scotland) Act 2021 have been reported to COPFS in the Lothian region. For the purposes of this answer, the ‘Lothian region’ been restricted to charges reported to COPFS from the Edinburgh and Livingston Sheriff Court Districts. The total 131 hate crime charges and aggravations for Lothian region represents 16.7% of the total for the whole of Scotland.
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Wednesday, 05 June 2024
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Current Status:
Taken in the Chamber on 13 June 2024
To ask the Scottish Government when it will end the reported practice of children and young people being admitted to adult services for treatment, rather than an NHS specialist child and adolescent mental health ward.
Answer
Taken in the Chamber on 13 June 2024
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Monday, 20 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government in what system Police Scotland is currently mandated to record non-crime hate incidents; whether this is a distinctly different system to the system for recording arrest records or formal charges, and, if this is not the case, whether there are strict Chinese wall protocols in place to mitigate the risk of deliberate or accidental disclosure.
Answer
I refer the member to the answer to question S6W-27432 on 4 June 2024. 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 .
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Monday, 20 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government, in light of the recently published Police Scotland interim guidance on the recording of non-crime hate incidents (NCHIs), which states that a report would happen in "exceptional circumstances", what are defined as "exceptional circumstances" in which a party allegedly at fault in a reported incident could have their details recorded.
Answer
I refer the member to the answer to question S6W-27431 on 4 June 2024 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 .
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Friday, 17 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government whether it (a) requires and (b) conducts formal security clearances for anyone designated as a (i) "hate crime advisor" and (ii) "hate crime champion", as set out in the document, Interim Guidance - Responding to Hate.
Answer
I refer the member to the answer to S6W-27665, 4 June 2024, the designation of Hate Crime Advisors and Hate Crime Champions is an operational matter for Police Scotland. 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 .
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Friday, 17 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government, in light of the recently published Police Scotland interim guidance on the recording of non-crime hate incidents (NCHIs), whether any process, such as arbitration, exists that would allow a person to appeal a decision that an incident has met the threshold for being recorded as a NCHI, or whether a person’s only recourse would be to pursue a civil action in order to seek to have the NCHI expunged from the record.
Answer
The recording of non-crime hate incidents (NCHIs) is an operational matter for Police Scotland. This preserves the operational independence of Scotland’s criminal justice system and keeps it free from political interference.
You may wish to contact Police Scotland directly regarding any questions you have in relation to these procedures.
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Friday, 17 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government what its position is on whether (a) it and (b) Police Scotland could be liable for any material effect to a Scottish resident's circumstances if it was found that any negligence or malice on the part of a public servant had led to public knowledge of a recorded non-crime hate incident.
Answer
Any investigation into whether there has been any material effect to a Scottish resident’s circumstances due to alleged negligence or malice on the part of a public servant leading to public knowledge of a recorded non-crime hate incident, and related issues of potential liability, would be dealt with on a case by case basis.
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Friday, 17 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government how it differentiates between a "hate crime advisor" and a "hate crime champion", and whether people who are designated as such (a) are all sworn constables and (b) have formal legal training.
Answer
The designation of a Hate Crime Advisor and Hate Crime Champion is an operational decision for Police Scotland, and the Scottish Government does not hold this information.
You may wish to contact Police Scotland directly regarding any questions you have in relation to these procedures.
- Asked by: Miles Briggs, MSP for Lothian, Scottish Conservative and Unionist Party
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Date lodged: Friday, 17 May 2024
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Current Status:
Answered by Siobhian Brown on 4 June 2024
To ask the Scottish Government what data destruction methods and processes Police Scotland would employ to delete any recorded non-crime hate incident where it had been found not to have met the threshold for being so recorded.
Answer
Methods and processes with respect to handling of data on non-crime hate incidents recorded by Police Scotland, is an operational matter for Police Scotland.
You may wish to contact Police Scotland directly regarding any questions you have in relation to these procedures.