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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 16 March 2026
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Displaying 1676 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

That would be up to the police, I think. Perhaps Nicola could come in on that.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

Police Scotland raised no concerns about that. For example, the offence of being drunk in charge of a child perhaps does not happen these days as much as it did historically. I do not know—I am just guessing at that. When we engaged with the police on the instrument, it was not an issue that they raised, but they wanted that offence kept on the list.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

As I said, police told us during our conversations that removing the charges would be beneficial for them, and we have been able to work on that in the current parliamentary session through this piece of secondary legislation.

Looking forward to the next parliamentary session, we all appreciate the issues that exist with regard to antisocial behaviour. An independent report came out last year and we have been working with the Convention of Scottish Local Authorities and Police Scotland regarding its recommendations. One of the recommendations was to fully review antisocial behaviour legislation. That will be for the next Government to do, and I hope that it will be taken forward.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

I will bring in Nicola Guild to answer that. It would not be written off, but I think that any further action would be determined by the procurator fiscal. Is that correct, Nicola?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

No—that is not a reason why we should not increase the penalties.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

No, there is not.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

It would be up to the police to determine, in accordance with the Lord Advocate’s guidelines, but my understanding is that the police would still be called and the person could still be charged. The police might simply not be able to give a fixed-penalty notice.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

First, it is not being raised so as to be a deterrent.

We accept that there is sensitivity about the £70 penalty level and that some people could perceive that the increase does not go far enough. Because the legislation has not been updated for more than 20 years, we are just bringing the level up to account for inflation. As we move into the next parliamentary session, I hope that, in future, our penalties for antisocial behaviour can be reviewed annually instead of every 20 years. The penalty level that the order brings in is to reflect inflation. As I said in my opening remarks, it would be about £68 if it were to be brought up to reflect inflation over the period from 2005 to 2026, which is why we have determined that it should now be £70.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

The number of penalties that have been paid has been stable over the past 10 years, with around eight in 10 being paid in full. That proportion has remained broadly consistent with inflation, even though the penalty itself has reduced in real value over time. Collection of penalties is a matter for the Scottish Courts and Tribunals Service, and it has operational independence in doing so. I do not have specific figures with me, but I will be happy to write to the committee on that point.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

My understanding is that they are not, but Robert might have something further on that.