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Seòmar agus comataidhean

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 7 November 2025
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Displaying 1198 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

We always think about those things. I can confidently say that that is not a concern, because the Scottish Courts and Tribunals Service already has to administer financial penalties, such as fines imposed and compensation orders.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

The end point that we are working towards is that it should be possible to make applications to the fund from next April. To be candid, convener, I appreciate your frustration in that regard. I should say that there was a working group that involved Police Scotland, police staff associations, trade unions and charities such as the police treatment centres. There was certainly broad consensus there, and consideration was given to the view that we would want any bureaucracy to be proportionate. We do not want to create too many hoops or hurdles, although, obviously, the financial governance aspect would need to be safeguarded.

Should the motion be agreed to, we would proceed with development of the guidance, on which we would need to consult, and we would also consider our work on the application process. To be clear, I have already seen an outline of the application process, which would take us from the court imposing a restitution order on an offender right through to the distribution of funds and the victim receiving the relevant support.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

Under the legislation, the courts are under an obligation to consider an offender’s financial means and their ability to pay. As I understand your question—

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

As with any financial penalty, payment can be made in instalments. There is an obligation on the court to consider the offender’s means and whether they would be able to afford to make such payments.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

No. It is important to note for the record that, in general, fines are not paid directly to victims. The fine income, in the first instance, rests with the Scottish Courts and Tribunals Service as part of its income inflows throughout the year.

I will clarify with the committee what happens with compensation orders, which are a different form of financial penalty. However, any funds from restitution orders that are imposed by the courts go into the restitution fund—they do not go directly to victims. Organisations that support police, police staff and others can apply to the fund that is available, to enable them to support victims.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

The funds still rest in a ring-fenced account. There is data available: the courts have imposed 103 restitution orders. I will be frank, convener, and say that, although that is a matter for the independent courts, I have asked my officials to engage appropriately with the Scottish Courts and Tribunals Service after the successful—I hope—passing of this statutory instrument. We will proceed with the establishment of the guidance and the application process and get the fund up and running for applications by April next year.

I am keen to make people aware of the benefits of restitution orders and to support their use in a way that is appropriate to my role and does not stretch into interfering with the independence of the courts in any way. However, I want to boost the funds that can go into the restitution fund so that they can be used appropriately.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

For the purposes of today, I have not looked in close detail at how compensation orders currently work. I know that, because fines are financial penalties, the income from those does not go to victims.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

As I said to Ms McNeill, the court has various options in front of it—a custodial sentence, a community payback order, a financial penalty by way of a fine, a compensation order or a restitution order. The court can apply one or all of those options, or a combination of them, as it sees fit.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

Victims, who could include police officers, would be entitled.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

It could be.