Chamber and committees

Our vision, as set out in the Restorative Justice Action Plan https://www.gov.scot/publications/restorative-justice-action-plan/ , published in June, is to have restorative justice (RJ) available across Scotland to all those who wish to access it, and at a time that is appropriate to the people and cases involved.

The Plan also explains that RJ is offered as a further option in how justice can be experienced across the communities of Scotland.

In line with the Scottish Government Guidance for the Delivery of Restorative Justice https://www.gov.scot/publications/guidance-delivery-restorative-justice-scotland/ , risk assessments must be carried out throughout the RJ process and will take full cognisance of the role of the Crown Office and Procurator Fiscal Service (COPFS) as the independent public prosecution service for Scotland. In that respect, RJ will not impinge on any ongoing criminal proceedings. Decisions relating to the prosecution or diversion of a case from prosecution are matters solely for COPFS.

The number of officers armed with Taser on a day to day basis is an operational matter for Police Scotland. Any plan to increase the number of officers equipped with Taser would be subject to wide consultation by Police Scotland.

We have established the Victims Taskforce to improve the experiences of victims of crime as they interact with the justice system We have also committed to improving the support and information available to victims and their families in relation to temporary prison release arrangements.

Victims are informed that it is the role of the Scottish Prison Service to ensure that the sentence is served in accordance with the law, to challenge the factors that lead to the offending in the first place and to help individuals prepare for their return to the community better prepared to live a life free of offending should they wish to do so. This includes improving their work prospects by teaching new skills, providing education and work opportunities as well as ensuring that the necessary systems are in place to support the individual as well as manage any risks. However, if a representation (by individuals who have joined the Victim Notification Scheme) contains information which is relevant to risk this may prevent a prisoner from being temporarily released.

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

Operational guidance has been developed to support our staff to better understand how to minimise exposure to unknown substances. As new and emerging substances come to our attention, this guidance will be reviewed in order to ensure that the health and safety of staff is maintained at all times. SPS also has robust mail handling procedures in place across all Scottish prisons to deter and disrupt attempts to introduce illicit articles to the prison estate and support the identification of any substances recovered.

SPS is currently trialling technology across a number of sites to support the identification of illicit substances on paper. Early indications suggest that this technology is preventing illicit substances from entering our prisons.

A Strategic Risk and Threat Group (SRTG) has also been established which is responsible for providing an overview of any emerging threats and the deployment of resources and tactical options. The SRTG is responsible for the management of a national tasking log which supports planned programmes of large scale tactical searching across the estate. These searches are frequently supported by trained drug detection dogs able to identify illicit substances which have been impregnated on to paper.

The Children (Scotland) Bill, formerly referred to as the Family Law Bill, was introduced on 2 September 2019.

The Family Justice Modernisation Strategy was published on 3 September 2019. This will set out work that is ongoing by Scottish Government and others; work that can be done via secondary legislation or by improved guidance; areas covered by the Bill; and areas that are for longer term work.

Our Guidance for the Delivery of Restorative Justice in Scotland https://www.gov.scot/publications/guidance-delivery-restorative-justice-scotland/ , published in 2017, provides direction to ensure that, where restorative justice services are available, these are delivered in a coherent, consistent and victim-focused manner.

In addition, our vision as set out in the Restorative Justice Action Plan https://www.gov.scot/publications/restorative-justice-action-plan/ , published in June, seeks to ensure the needs of persons harmed and their voices are central to the restorative justice process.

The use of exclusion zones as a licence condition for parole is being considered in light of the public consultation on parole. We will reflect on whether the conclusions of this are applicable to temporary release. In addition, in implementing the Management of Offenders (Scotland ) Act 2019 we will be looking at the introduction of new technology, such as global positioning system technology, which presents opportunities to improve the effectiveness of electronic monitoring.

As part of the development of our Restorative Justice Action Plan https://www.gov.scot/publications/restorative-justice-action-plan/ , which was published in June 2019, we undertook a survey seeking evidence on the current use of restorative justice across Scotland. The survey found provision to be inconsistent, with limited opportunities for adults to take part.

This survey, alongside extensive engagement with stakeholders across the justice sector, directly informed our vision set out in the Action Plan to have restorative justice available across Scotland to all those who wish to access it, and at a time that is appropriate to the people and cases involved. The Plan also explains the steps we will take to achieve this vision.

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

Over the period covered, in the absence of a formal process, no records were kept. However, SPS officials have in the past met informally with victims and/or their families.

More recently, SPS has been working closely with Victim Support Scotland (VSS) to put in place an agreed approach which facilitates dialogue and engagement with victims and families and which dovetails with the support services offered more generally by VSS.

In April 2019, that collaboration led to the launch of a new approach. Since that time 20 life sentence prisoners have become eligible for consideration for temporary release 9 of whom had victims registered with the Victim Notification Scheme, of these, 7 expressed an interest in making representations, with one electing to respond in writing and the other 2 by way of meetings.

Delivering Community Payback Orders (CPOs) and ensuring completion of these orders is the responsibility of the relevant local authority. National completion rates for Community Payback Orders (CPOs) are 70%, as reported in the Criminal Justice Social Work statistics for 2017-18.

The Scottish Government is working with national and local partners including Community Justice Scotland, Social Work Scotland, the Care Inspectorate, local authorities and third sector partners to help ensure orders are implemented as effectively as possible and improve completion rates where possible. The national Community Justice Leadership Group, which I co-chair with COSLA, will drive action to improve the delivery of community justice services across Scotland, with a focus on supporting rehabilitation and reducing reoffending whilst promoting public safety.

Updated CPO Practice guidance was published earlier this year which supports effective practice, and included a focus on breach and compliance, and reiterates the importance of successful completion.

We value the work of justice social workers and unpaid work managers in helping ensuring individuals successfully complete their orders. This is particularly the case when they are dealing with people who have chaotic lifestyles, which may include mental health issues and/or a history of drug or alcohol problems.

Outcomes are likely to be influenced by who gets the orders in the first place, the nature of the offending and their underlying needs. Some caution is therefore needed against seeing completion rates as the sole indicator of effectiveness. Short custodial sentences are not an effective alternative as 35% of those who receive short sentences are reconvicted and given further custodial sentences within a year.