Chamber and committees

The early prisoner release power within the Coronavirus (Scotland) Act was used once, in May 2020. This power was used to protect the security and good order of prisons and the health, safety and welfare of prisoners and prison staff alike. Such measures were taken across the world, including elsewhere in the UK.

Steps were taken to manage the risks around those being released early to as low a level as realistically possible. That included statutory exclusions and a governor veto where there was a known risk to a specific individual. Furthermore, the scheme applied only to those sentenced to eighteen months or less, with 90 days or less left to serve in custody, at the time of the power being used.

A proportion of those prisoners were returned to custody for a number of reasons including, in some cases, due to reoffending.

No level of reoffending is acceptable. That is why this Government is focused on driving a greater shift away from short-term prison sentences, which those released under this power were serving, towards community-based interventions which we know are more effective at reducing reoffending.

The age of firefighters, broken down into 5 year age bands is published on the Scottish Fire and Rescue Service Website under its Organisational Statistics. Under the various firefighter final salary pension schemes, the majority of firefighters chose to retire after 30 years service rather than at a particular age. Government Actuary Department data shows that between 31 March 2016 to 31 March 2020, the average retirement age was 54.

The Scottish Government does not hold information on the amount of money lost through cryptocurrency scams and fraud in Scotland, and the data held for the Criminal Proceedings statistics is unable to separately identify any related charges and convictions which involve cryptocurrency. Collecting data on this subject is very challenging, with the Scottish Crime and Justice Survey (SCJS) highlighting that for most types of cyber fraud, a majority of victims did not report the incident to the authorities.

Scottish Government statisticians are continuing to develop the evidence base in this area. For example, the Recorded Crime in Scotland National Statistics now include analysis of cyber-crimes recorded by the police. In 2021-22 almost half (48%) of recorded fraud was estimated to have been online/through the internet, representing around 8,000 crimes. Whilst this will include incidents of cryptocurrency scams, these cases are not separately identifiable within the data. Work is also being taken forward to develop and incorporate a new module into the SCJS, which will allow us to estimate the volume of fraud and computer misuse experienced in Scotland, including those crimes not reported to the police. These new questions will include details of financial loss arising from cyber fraud. Users will be kept informed as to the development of this work, including when the first results are expected to be published.

The Scottish Government does not hold this information as responsibility for the maintenance of Police vehicles sits with the Scottish Police Authority and the Chief Constable. Police Scotland has confirmed that they hold a stock of replacement dash cameras which can be fitted to their vehicles should one develop a fault; dependant on the locality of the vehicle, type of equipment fitted and the type of fault, this can be done on the same day.

I have asked Police Scotland to write to the member with this information.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

The decision as to whether a member of staff discloses that they have attended hospital is one for the individual member of staff, and there is no requirement for this information to be shared. SPS has a focus on supporting staff who may have been injured, and ensuring that any reasonable preventative measures can be put in place to ensure that the likelihood of a similar incident occurring is mitigated as much as possible.

At this time, there are no plans to change the current methods of recording, however SPS will always look at ways which we can ensure we provide the right support to our staff.

The National Police Chiefs’ Council (NPCC) Chair asked chief constables in England and Wales to take immediate action to check officers and staff against the national police database. While Police Scotland are a member of the National Police Chief’s Council, the direction in this case was provided via the Home Office. However, following discussions with the NPCC, Police Scotland have confirmed that they will align with the work being taken forward in England and Wales and check all officers and staff against national systems for criminal records and ongoing investigations.

In 2022 Police Scotland increased vetting resources by nearly 50% and introduced an additional check for new recruits, prior to being sworn into office. From April, they are also introducing dip sampling which will see around 1,200 vetting reviews of officers and staff being conducted each year.

The Scottish Government and the UK Government are working together to provide feedback to all those who submitted Green Freeport bids. That process is under way. In fact officials are meeting members of the Clyde Green Freeport bidding coalition today. Officials from both governments also stand ready to work with the unsuccessful bidding coalitions to consider whether and how it might be possible to build on aspects of their plans, outside the Green Freeports programme, to deliver jobs and growth in their respective regions.

It is for Police Scotland to collect and hold relevant information on their workforce and it would be for them to respond to any requests for information in relation to serving Police Officers with a criminal record. You may wish to view Police Scotland’s web site in regards to the provision of information by that organisation, link attached https://www.scotland.police.uk/access-to-information/ .

The Scottish Government does not hold this information as responsibility for ensuring the safety of Police Officers and for Police Scotland vehicles sits with the Scottish Police Authority and the Chief Constable. I have asked Police Scotland to write to the member with this information.

People engaged in sexual abuse of children outside the United Kingdom can be prosecuted in Scotland under either Sections 54 and 55 of the Sexual Offences (Scotland) Act 2009 or Section 16(b) of the Criminal Law (Consolidation) (Scotland) Act 1995. Section 16(b) of the Criminal Law (Consolidation) (Scotland) Act 1995 and Section 55 of the Sexual Offences (Scotland) Act 2009 cover people who engage in child sex tourism, whilst Section 54 of the 2009 Act covers incitement to commit such offences.

Within the span of the financial years 1995-1996 to 2020-21 a total of eight people have been convicted in Scotland for sexual abuse of children outside the United Kingdom related charges. Specifically:

• Two people in 2007-08 (under Section 16(b) of the Criminal Law (Consolidation) (Scotland) Act 1995);
• One person in 2009-10 (under Section 16(b) of the Criminal Law (Consolidation) (Scotland) Act 1995);
• One person in 2010-11 (under Section 16(b) of the Criminal Law (Consolidation) (Scotland) Act 1995);
• One person in 2018-19 (under Section 54 of the Sexual Offences (Scotland) Act 2009);
• Two people in 2019-20 (one under Section 54 of the Sexual Offences (Scotland) Act 2009 and one under Section 55 of the Sexual Offences (Scotland) Act 2009); and
• One person in 2020-21 (under Section 55 of the Sexual Offences (Scotland) Act 2009).