Chamber and committees

Within the Scottish Government, Justice Analytical Services (JAS) is responsible for the collection, quality assurance and publication of police recorded crime statistics. A wide range of mechanisms are employed to ensure the robustness of police crime data.

Data is collected on a cumulative quarterly basis from the police and a number of detailed quality assurance checks are carried out by JAS. This includes the checking of data across the cumulative quarters to ensure data consistency as the year progresses; checking data across legacy police force areas to ensure consistency and confirming local differences; and comparing figures year on year, investigating where significant differences appear. All issues are referred back to the appropriate points of contact within the police to ensure that anomalies are addressed and that the final resulting data is an accurate reflection of police activity within each financial year period.

In April 2004, the Scottish Crime Recording Standard (SCRS) was introduced throughout Scotland. The standard was produced by the Scottish Crime Registrar’s Group and agreed by the Association of Chief Police Officers in Scotland, following research that identified the need to develop a more victim orientated approach to crime recording.

JAS is a member of the Scottish Crime Registrars’ Group. This group was established to support consistency in implementing the SCRS and associated counting rules. The group discusses matters arising from the application of the SCRS and is also responsible for maintaining and updating the counting rules.

HMICS also conducts national reviews of incident and crime recording, with one of the aims being to assess compliance with crime recording standards. The most recent such review was conducted just after the creation of the Police Scotland, on 1 April 2013, with the report being published in December 2013.

The Scottish Crime Recording Standard (SCRS) provides a more victim orientated approach to the recording of crime and ensuring uniformity in crime recording standards across Scotland. In April 2004 the SCRS was introduced throughout Scotland. The principle, which is recognised as subsuming, was included in the SCRS when it was introduced in 2004.

Prior to the introduction of the SCRS, the Association of Chief Police Officers in Scotland (ACPOS) recognised that greater consistency in recording practices could be achieved throughout the country. To progress this, the ACPOS Crime Standing Committee (ACPOS Crime Business Area) established a Short Life Focus Group (SLFG) to consider, amongst other matters, the National Crime Recording Standard (NCRS), subsequently introduced in England and Wales on 1 April 2002, and assess its potential for adoption in Scotland.

The SLFG reported their findings to ACPOS Crime Standing Committee in April 2002 and recommended the development of a new crime recording standard for Scotland, which should incorporate a victim based approach and meet the expectations of the Scottish public in the 21^st century. A National Working Group was established to take forward the recommendations, which resulted in the creation of a new SCRS. The SCRS was agreed by ACPOS Crime Standing Committee on 12 December 2002 and endorsed by ACPOS Council on 3 February 2003.

Subsuming practice exists to avoid a single incident being dissected into many multiple parts, when there had been continuity of action. A single location or the same suspect do not solely have a bearing on the decision as to whether or not a crime should be subsumed.

Counting Rules provide a national standard for the recording and counting of crimes and offences recorded by Police Scotland. The Rules, which were devised to take account of the SCRS, are under constant review and updates will normally be effective from 1st April each year.

As part of the introduction of the new legislation regarding the Sexual Offences (Scotland) Act 2009 (which commenced on 1 December 2010) following consultation between the Police, the Crown Office and Procurator Fiscal Service (COPFS) and the Scottish Government, some activities covered by this legislation taking place as part of a single incident were considered to be suitable to be subsumed. This was to take account of a series of acts which individually might be criminal in their own right but which are incorporated into an all encompassing crime but in which the individual circumstances are included. The approach to subsuming remained the same. However the guidance material within the SCRS and Counting Rules manual was expanded to provide more guidance, particularly in relation to sexual offences, on when subsuming may be appropriate.

Of the five recommendations made in the 2008 Her Majesty's Inspectorate of Constabulary for Scotland (HMICS) report, only Recommendation 2: “That, in order to resolve unnecessary inconsistencies identified by force crime registrars (FCRs), the Scottish Government should undertake an urgent review into the suitability of its counting rules for crime recording, in consultation with the Association of Chief Police Officers, the Scottish Crime Registrars Group and the Crown Office and Procurator Fiscal Service” relates specifically to the Scottish Government.

I refer the member to the answer to question S4W-06854 on 7 May 2012. 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/parliamentarybusiness/28877.aspx.

Since that date, three further reviews of crime recording have been conducted by HMICS, the reports can be found at the following links:

2013: HM Inspectorate of Constabulary for Scotland: Review of Incident and Crime Recording - December 2013 | HMICS

2011: Crime Audit 2011: National Overview Report | HMICS

2010: Crime Audit: National Overview | HMICS

As a result of the subsequent reviews, the five recommendations from the 2008 HMICS inspection report were considered discharged.

The training of police officers is an operational matter for Police Scotland.

The Joint Emergency Services Interoperability Programme (JESIP) is operational business and, as such, Scotland’s emergency services have been actively engaged in it since an early stage. However, both emergency services and Scottish Government officials have been clear from the start that Scotland would review the outcomes of the JESIP programme, and would only implement any aspects which were both relevant to Scotland and which would improve upon Scotland’s already strong emergency services interoperability. That review is currently ongoing.

Determining the number of control rooms is a matter for the Scottish Police Authority and the Board of the Scottish Fire and Rescue Service. We have received their assurances that any changes to control rooms will not compromise the safety of their staff or the communities they protect, and will ensure efficient and effective deployment of resources across Scotland.

On 16 December 2013 I announced the commencement of a robust prosecution policy across Scotland for the period between 16 December 2013 and 6 January 2014 to deal with housebreakers. There was a presumption that those who break into people’s houses would be placed on petition. Those convicted of this crime could face a potential maximum sentence of up to 5 years imprisonment. The sentence in any individual case remains the decision of the Court. You will also be aware that COPFS had an initiative targeting people charged with house breaking between 3 June 2013 and 30 August 2013 in Edinburgh.

Police Scotland, in consultation with COPFS, also implemented an ongoing police detection initiative at this time to tackle housebreaking in areas which had shown an increase not only in break–ins to homes but also sheds and garages. That initiative stemmed from the police review of crime trends and their commitment to ensure local policing reflects local issues.

There was national publicity around the fact that the prosecution policy was to be in place over the festive period and that an evaluation of the cases arising would then be carried out. The evaluation of the prosecution policy over the festive period is ongoing. There has been some evaluation already carried out of the summer initiative and I have had an opportunity to consider that. As a result on 7 January 2014 prosecutors were advised that the presumption of placing housebreakers on petition should remain in force meantime.

I will consider the position further once the evaluation results of both initiatives are finally assessed.

The management at HMP Castle Huntly were aware of Michael McInnes failure to return when he did not appear for his pick up at lunchtime on Wednesday 4 December 2013.

The police were notified later that afternoon and the Scottish Government were advised on the same day.

The decision to issue a press release on this matter was an operational decision taken by Police Scotland.

A Memorandum of Understanding is in place between Police Scotland and the Scottish Prison Service.