Chamber and committees

I refer the member to the answer to question S6W-36103 on 15 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I refer the member to the answer to question S6W-36103 on 15 April 2025. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

In terms of Section 4 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, an Inquiry is to be held if the Lord Advocate considers that the death was sudden, suspicious or unexplained, or occurred in circumstances giving rise to serious public concern, and decides that it is in the public interest for an inquiry to be held into the circumstances of the death.

Detailed guidance is also available for COPFS staff to assist them in identifying cases where it may be appropriate for a discretionary Fatal Accident Inquiry to be held.

The views of the nearest relatives about the holding of an Inquiry will always be taken into account, although the decision is ultimately for COPFS to make.

A Fatal Accident Inquiry is mandatory following all deaths in custody.

Not all of the data requested is recorded centrally. The Scottish Government publishes statistical data on FAIs annually on its website. The latest data is reproduced in the following table:

As protected by section 48(5) of the Scotland Act 1998, the Law Officers operate entirely independently of any other person as they undertake their prosecutorial and investigation of deaths functions. The Lord Advocate is accountable to the Scottish Parliament for prosecutions and the investigation of deaths (but may decline to answer questions which might prejudice criminal proceedings or would otherwise be contrary to the public interest under section 27(3) of the Scotland Act).

The recommendations in FAI determinations cover a wide variety of policy areas. Each area will consider what action to take in relation to each recommendation that is relevant to its own area of responsibility.

Antisocial Behaviour Orders (ASBOs) may be issued by either criminal or civil courts in Scotland. ASBOs do not carry a custodial sentence and a civil court cannot impose a custodial sentence. A criminal court may only impose a custodial sentence where a separate case is brought for a breach of an ASBO which results in a conviction.

Between January 2024 and September 2024, 71 charges prosecuted in Scottish criminal courts receiving a disposal of an ASBO.

Between January 2024 and December 2024, 76 Civil ASBOs were granted in Scottish sheriff courts.

It is not possible to identify how many of these ASBOs have been breached and resulted in imprisonment. The data that the Scottish Government holds does not allow linkage of a specific ASBO, whether civil or criminal, with a criminal charge of breach of ASBO and therefore a conviction resulting in a custodial sentence cannot be identified. Furthermore, any potential breach of a specific ASBO listed above may not yet have occurred, or if it has occurred, its’ associated case may not yet have been disposed in court.

The Scottish Government does not hold data on cyber security training of staff across the public sector organisations.

The average time for applicants to receive a transcript under the pilot scheme has been seven months, however this does not reflect the length of time that all applicants have waited. The timeline varies across applications, influenced by several factors including the success of the pilot receiving a high number of requests, the volume of transcription work for live court proceedings, the length of the transcript requested, and the amount of redaction required.

SCTS are reviewing current processes and procedures with the aim of reducing the time taken to provide transcripts and to ensure the most efficient and effective service delivery.