Chamber and committees

The Scottish Government does not hold the data requested.

The Crown Office and Procurator Fiscal Service is responsible for issuing Victim Notification Scheme packs. They have advised that the number of packs issued over the last 3 years is:

2018-19 1,880

2019-20 1,788

2020-21 1,158

Eligible victims can register for the scheme at any time. The Scottish Prison Service have advised that the numbers of victims who have opted to register for the scheme in the last 3 years, are as follows:

2018-19 443

2019-20 472

2020-21 306

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 Scottish Government does not hold this data. However, information is published annually in the Standards of Service for Victims and Witnesses Annual Report. For the past three years where information is available the number of in-person representations that were made is as follows:

2020-2021* 16

2019-2020* 27

2018-2019 18

*Due to Covid restrictions some meetings have been held remotely.

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.

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 information requested is not held centrally and is a matter for the Parole Board for Scotland.

The most recent reconviction rates show that 29% of people with a Community Payback Order (CPO) imposed in 2017-18 were reconvicted within a year, which is the lowest rate since they were introduced. These statistics are not typically broken down in regard to different requirements within CPOs such as unpaid work or supervision. However, Justice Analytical Services published ‘Community Payback Orders: What the Unit Level Data Tells Us So Far’ in February 2020 which found that the reconviction rate for those given unpaid work between 2012-13 and 2014-15 was 33% where this was accompanied by justice social work supervision, and 27% where it was not. These figures compare with 41% for those given orders with no unpaid work. While no conclusions can be drawn about the impact of unpaid work on offending behaviour, this may suggest that individuals who do not have unpaid work imposed are likely to have more complex and entrenched issues to address and may have greater likelihood of reoffending.

Overall, CPOs are an important aspect of a sustained focus on prevention and effective community interventions which has helped see Scotland’s reconviction rate fall to its lowest level since comparable records began more than 20 years ago.

CPOs offer opportunities for rehabilitation by requiring individuals to tackle the underlying causes of their offending behaviour. They also deliver real benefits to communities, and while capacity to deliver unpaid work has been significantly impacted by the coronavirus pandemic, around 9 million hours of unpaid work have been carried out since CPOs were introduced.

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.

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.

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.