The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 1672 contributions
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
My understanding is that they are not, but Robert might have something further on that.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
That issue has not been raised with me by Police Scotland, but it may have raised it in conversations with Robert.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
I have no further comments to make. I move,
That the Criminal Justice Committee recommends that the Antisocial Behaviour (Fixed Penalty Notice) (Miscellaneous Amendment) (Scotland) Order 2026 [draft] be approved.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
They have not been used for those offences in the past year.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
Yes.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
Would it be helpful for me to go through some statistics from the past year for offences for which fixed-penalty notices have been issued?
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
Riotous behaviour while drunk in licensed premises has been removed.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
Good morning. Thank you for the opportunity to address the committee on this instrument, which makes targeted and proportionate updates to the antisocial behaviour fixed-penalty notice regime. That regime enables the police to respond swiftly and appropriately to low-level antisocial behaviour and so ensure that such behaviour has meaningful consequences. Fixed-penalty systems are well established and the principle of the regime has not, to my knowledge, been questioned in the Parliament.
The draft order makes three updates. First, it removes from the regime two offences for which ASBFPNs were not issued in the most recent year for which data is available, which will help to keep the regime focused on offences for which it is actually being used.
Secondly, it adds to the regime the offence of displaying threatening or abusive behaviour under section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010. Section 38 is now routinely used for dealing with lower-level threatening or abusive conduct. The offence’s inclusion in the ASBFPN regime will align the scheme with current policing practice and the fact that such offences are already eligible for the use of recorded police warnings.
Thirdly, the order uprates the penalty amount from £40 to £70. Using the gross domestic product deflator, £40 in 2005 is equivalent to around £68 today, so the new level will restore the original penalty’s value.
The wider review of antisocial behaviour legislation that we have begun will give ministers in the next parliamentary session the opportunity to consider more substantial reforms.
In developing the instrument, officials have engaged with the Crown Office and Procurator Fiscal Service and Police Scotland. The Lord Advocate has highlighted the strengthened guidelines on police direct measures, which set clear limits on ASBFPN use, require consideration of victim impact and provide for monitoring, audit and annual reporting. Police Scotland is also working with Community Justice Scotland on a new referral and signposting pathway for first-time offenders, which aims to reduce reoffending. The pathway is expected to be introduced later this year.
Overall, the amendments update an established regime that operates within a framework of safeguards and oversight. I understand that the Delegated Powers and Law Reform Committee considered the instrument on 27 January and raised no points on it.
I am happy to take questions, convener.
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
Sorry—would you repeat that?
Criminal Justice Committee [Draft]
Meeting date: 18 February 2026
Siobhian Brown
We are just updating the legislation.