Chamber and committees

Data is not available at this time on the number of times body worn cameras have been used by Police Scotland as evidence to secure a conviction.

Should the decision be made to rollout the use of body worn cameras to other roles across Police Scotland, a range of data will be gathered to assess the impacts of the rollout including quantative data relating to criminal justice processes.

The information requested is not held centrally by the Scottish Government. The allocation of resources, and the Health and Wellbeing of Police Officers and Police Staff, are matters for the Chief Constable of Police Scotland and the Scottish Police Authority. Despite constraints on Scotland’s public services through a decade of UK austerity, policing services have been maintained and improved and we will protect the police resource budget in real terms for the entirety of this Parliamentary term, as we did for the last. We have invested over £10 billion in policing since the creation of Police Scotland in 2013 and have increased the policing budget by £75.5 million in 2021-22.

Police officers and staff can access a range of services to care for their physical and mental health through Police Scotland's “Your Wellbeing Matters” programme. This includes the introduction of Wellbeing Champions, and has resulted in raised awareness of the services available such as occupational health and employee assistance, which offer counselling, and specific interactions through the Trauma Risk Management programme (TRiM).

We have made a commitment to increase the direct investment into mental health services by at least 25% and ensure that, by the end of the parliament, 10% of our frontline NHS budget will be invested in mental health services.

We have also set our plan to prevent, mitigate and respond to the mental health impacts of the Covid-19 pandemic through our ‘Mental Health Transition and Recovery Plan’, published in October 2020, which sets out our response to the mental health effects of the Covid-19 pandemic, containing over 100 actions. The Plan is supported by a £120 million Recovery and Renewal fund, announced in February 2021. The Fund will transform services, with a renewed focus on prevention and early intervention. We expect total spend, including by NHS Scotland, on mental health in 2021-22, to be in excess of £1.2 billion.

The forensic analysis of digital items and the management of any backlog are matters for the Chief Constable and Police Scotland.

Police Scotland are committed to providing the best possible service to the victims of crime and witnesses and will only examine a digital device where there is a legal basis and where it is necessary, justified and proportionate to the incident or crime under investigation. The number of digital items in Police Scotland’s possession currently awaiting forensic analysis demonstrates the importance of examination of digital devices for modern criminal investigations. Police Scotland recognises the demand in this complex area and consideration is being given to investment in additional staffing, technology and partnerships in order to enhance their existing capabilities in this area.

Police Scotland’s recently published Cyber Strategy and ongoing strategic Cyber Capabilities Project is evidence of their prioritisation of cyber related demand.

Police Scotland are using their internal management information, detailing how many Cyber Kiosk examinations have been progressed in the previous month, to assist in identifying areas for improvement and to enable them to move forward in this complex area.

We welcome the publication of Audit Scotland’s report on community justice, and its intention to carry out further work in this vital area in 2022.

While sentencing decisions in individual cases are a matter for the independent courts, we are committed to encouraging more widespread use of community-based interventions where appropriate. These are often more effective at reducing re-offending, as Audit Scotland sets out, and for keeping our communities safe.

In addition to continued investment in community justice services, which will total more than £117m this year, Parliament agreed in 2019 to extend the presumption against short custodial sentences from 3 to 12 months. Although it is too early to determine the impact of the extension, the use of such sentences has fallen significantly in recent years, with those receiving a sentence of 12 months or less reducing by 13% in the most recent data between 2018-19 and 2019-20, whereas the number of convictions reduced by 4%.

Our firm focus on prevention and effective community interventions has helped see Scotland’s reconviction rate fall to its lowest level since comparable records began more than 20 years ago. We intend to continue building on progress to date, including through a review of the National Strategy for Community Justice, expanding availability of alternatives to custody, and exploring legislative opportunities for a sustainable reduction in the prison population.

We will consider the issues identified by Audit Scotland in its report, including as part of the review and expected refresh of the Community Justice strategy, which we anticipate will be published in 2022 alongside an update Outcomes, Performance and Improvement Framework.

The ‘Bairns’ Hoose’ refers to the Scottish Government’s application of the international concept of Barnahus to the Scottish context.

The Scottish Government has an unashamedly bold aspiration to create our own Bairns’ Hooses in Scotland. We believe that every child victim or witness has the right to consistent and holistic support that enables them to tell their stories, access specialist services and recover from their experiences, and that these services should be delivered under one roof.

Work is currently underway to understand the required infrastructure to support Bairns’ Hooses across Scotland. We would envision a number of bespoke child friendly spaces with both urban and rural accessibility to ensure that every child victim/witness will have support from a Bairns’ Hoose by 2025.

The completion rate for Community Payback Orders (CPOs) has generally been around 70% over the last seven years. This is consistently higher than for the orders they replaced.

There are a range of factors which can influence the likelihood that an order will be successfully completed. In particular, outcomes are likely to be influenced by the nature of the offending behaviour and individuals’ underlying risks and needs. The proportion of orders with an offender supervision requirement rose to 62% in 2019-20, the highest level in the last five years. Greater use of supervision suggests that individuals have more complex and entrenched issues to address and may have greater likelihood of reoffending.

Local authorities are responsible for delivering CPOs and, notwithstanding the factors noted above, we are continuing to work with national and local partners to help ensure orders are implemented as effectively as possible, and that completion rates are as high as they can be. Specifically, effective practice and improvement is supported by:

Community Payback Order Practice Guidance for practitioners

• a programme of scrutiny and assurance work carried out by the Care Inspectorate, funded by Scottish Government
• ongoing training and support from national partners, including Community Justice Scotland, Social Work Scotland, and Scottish Government
• analysis of statistics which are disaggregated by local authority areas, practice support groups organised by Social Work Scotland, area based CPO annual reports and an annual CPO report prepared by Community Justice Scotland

In addition, the Scottish Government has protected record levels of funding with up to £106 million allocated in 2020-21 to local authorities for the delivery of justice social work services. An additional £11.8 million has been provided this year to support justice social work recovery relating to the impact of coronavirus, which had a significant impact on the delivery of CPOs.

When an unpaid work or other activity requirement is imposed by the court as part of a Community Payback Order, the management and delivery of that requirement – including determining what work is to be carried out - is the responsibility of the relevant local authority. There are a number of factors for local authority social work staff and unpaid work managers to consider when arranging unpaid work. Planning and assessment is informed by national Community Payback Order Practice Guidance and, while there is no prescribed list of activities, the guidance makes clear that activities should be appropriate to unpaid work taking account of a number of considerations.

Unpaid work schemes should make placements available across a wide range of work settings and types of activity and have regard to the circumstances and circumstances of the individual (such as employment, education, caring responsibilities, health, equality and diversity issues). For example, work which does not involve significant physical exertion may be the only appropriate option for some individuals (including for health-related reasons).

Unpaid work has a strong focus on reparation and providing opportunities to make amends and prevent reoffending though strengthening relationships with the community, and through developing useful skills. Justice social work staff and unpaid work managers in local areas are best placed to determine what unpaid work is suitable, taking into account each individual’s particular circumstances, to help ensure that individuals complete their unpaid work hours in a way which benefits the community.

As a response to the COVID-19 pandemic, temporary restrictions have been introduced within the Scottish Prison Service, where necessary, in line with Scottish Government guidelines and public health advice. This included the temporary suspension of Home Leave between March 2020 and May 2021.

There has been one change in the Prison Rules, in relation to Temporary Release, since 5 December 2019. The Prisoners and Young Offenders Institutions (Scotland) Amendment Rules 2020, which came into force on 7 April 2020, provided Scottish Ministers with the ability to extend the period a prisoner is on home leave for up to 14 days from the normal 7 days. It is anticipated that it could be used where prisoners advise that they or someone in their home has developed symptoms of the Coronavirus and in compliance with government advice they are required to self-isolate.

There have been some minor changes to the Directions made under the Rule 138 (Direction with respect to Temporary Release) since 5 December 2019.

The offences related to 'Finn’s law' would be reported under Section 19 (1) of the Animal Health and Welfare (Scotland) Act 2006.

No such charges relating to attacks on service animals have been reported to the Crown Office and Procurator Fiscal Service since the introduction of the Act, which received Royal Assent on 21st July 2020. Therefore there have been no convictions to date.

The Welfare and Wellbeing of Police Officers, and the allocation of resources, is a matter for the Chief Constable of Police Scotland and the Scottish Police Authority.

Officers and staff can access a range of services to care for their physical and mental health through Police Scotland's “Your Wellbeing Matters” programme. This includes the introduction of Wellbeing Champions, and has resulted in raised awareness of the services available such as occupational health and employee assistance, which offer counselling, and specific interactions through the Trauma Risk Management programme (TRiM). We continue to support policing in Scotland and despite constraints on Scotland’s public services, through a decade of UK austerity, policing services have been maintained and improved and we will protect the police resource budget in real terms for the entirety of this Parliamentary term, as we did for the last. We have invested over £10 billion in policing since the creation of Police Scotland in 2013 and have increased the policing budget by £75.5 million in 2021-22.

We have made a commitment to increase the direct investment into mental health services by at least 25% and ensure that, by the end of the parliament, 10% of our frontline NHS budget will be invested in mental health services.

We have also set our plan to prevent, mitigate and respond to the mental health impacts of the Covid-19 pandemic through our ‘Mental Health Transition and Recovery Plan’, published in October 2020, which sets out our response to the mental health effects of the Covid-19 pandemic, containing over 100 actions. The Plan is supported by a £120 million Recovery and Renewal fund, announced in February 2021. The Fund will transform services, with a renewed focus on prevention and early intervention. We expect total spend, including by NHS Scotland, on mental health in 2021-22, to be in excess of £1.2 billion.