Seòmar agus comataidhean

We expect universities and colleges to be places where students and staff are free from all forms of Gender-Based Violence (GBV), including spiking.

Universities and colleges are autonomous bodies. However, they have a responsibility for the welfare and safety of their students and it is for each institution to determine procedures to keep students safe from spiking.

The Scottish Government held several roundtable meetings to bring together partners including representatives from colleges and universities to discuss the prevalence of spiking and a range of initiatives and information available on spiking for students.

Representatives from College Development Network, Universities Scotland, NUS Scotland and The Student Services Organisation (AMOSSHE) were involved in these roundtable discussions. Significant collaborative work through the roundtable format was undertaken to raise awareness and heighten vigilance in the run up to the return to college and university campuses.

The Scottish Government currently funds the Emily Test charity to develop the Emily Test Charter and the accompanying LISTEN Risk Assessment Tool. The Charter provides a framework to help institutions start or improve their work in tackling GBV, and we would encourage all institutions to engage with it.

We will continue to work closely with the university and college sectors, and their representatives, through the Equally Safe in Colleges and Universities Core Leadership Group, as part of our approach to tackling all forms of GBV.

The Scottish Government has taken a proactive approach to understand the prevalence, raise awareness and address concerns about the incidence of reported spiking in Scotland.

Several roundtable meetings have taken place to help steer the joint Scottish Government and public sector response to the act of spiking. These meetings have been designed to discuss the range of initiatives and information available on spiking. Significant work was undertaken to raise awareness and heighten vigilance in the run up to the return to college and university campuses. Information has also been made available on the safer.scot website, to inform and support the public around the subject of spiking. This has been promoted through the roundtable membership and by the representative organisations and sectors.

Furthermore, Police Scotland has prioritised its response to incidents of spiking. A comprehensive Investigative Strategy has been developed and circulated to provide guidance and direction to staff responding to and investigating incidents of spiking. A Detective Superintendent has national investigative oversight and Senior Investigating Officers have been appointed within each policing division to lead on all spiking related investigations locally.

The Scottish Government does not intervene in or comment on the investigation, prosecution or sentencing of individual cases which are independent operational matters for Police Scotland, Crown Office and Procurator Fiscal Service and the courts.

Police Scotland have advised they take all reports of spiking seriously and thoroughly investigates all reports.

A comprehensive Investigative Strategy has been developed and circulated to provide guidance and direction to staff responding to and investigating incidents of spiking. A Detective Superintendent has national investigative oversight and Senior Investigating Officers have been appointed within each policing division to lead on all spiking related investigations locally. Police Scotland’s focus is on identifying people who carry out an assault in this way, investigating fully, gathering evidence, and working with Crown Office to bring the perpetrator to justice.

Where evidence is provided to Crown Office as regards an offence, it is for independent prosecutors to decide what action to take. If a case is prosecuted, it is for the independent court to determine whether an accused person is guilty and if so, what an appropriate sentence should be.

The Scottish Government held several roundtable meetings to bring together partners to discuss the prevalence of spiking and a range of initiatives and information available on spiking.

Representatives from COSLA and SOLAR (Society of Local Authority Lawyers and Administrators in Scotland) Licensing Committee were invited to the roundtable discussions.

We have also separately engaged with the SOLAR working group membership and the National Licensing Standard Officers (LSO) Forum to better understand the scale of spiking in Scotland within venues and consider whether any further actions are required. Previous discussions have not suggested any moves to introduce mandatory reporting conditions, however, under existing licensing laws it is possible for Licensing Standards Officers to submit reports, objections or representations on various matters to Licensing Boards. Where appropriate, LSOs may also be required to submit applications for a review of premises licences. More generally, we would expect independent Licensing Boards to co-operate and liaise with Police Scotland where required to ensure that consistency with the licensing objectives is upheld in the operation of the licensed premises at all times.

Analysis of spiking incidents is undertaken by Police Scotland on a weekly basis to ensure national oversight is maintained and understanding evolves. The Scottish Government is kept informed about any changes in the prevalence of spiking.

Most recently, a report by Police Scotland from 7 December 2022 indicated that in mid-October 2021, Police Scotland noted a significant increase in the number of reported crimes relating to spiking. This pattern continued for an initial 8 week period, peaking at almost 60 in the first week of November 2021. After this initial period, reports of spiking decreased quickly and amounted to single figure weekly reporting by mid-December 2021. A slight increase was noted in the second half of January and into February 2022 however levels have since reduced, returning to an average of 6 reports per week since mid-December 2021 until 30 October 2022. The report showed that between 1 October 2021 and 30 October 2022, there were 601 recorded crimes relating to Spiking.

I refer the member to the answer to question S6W-14206 on 2 February 2023. 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 .

The heavy impact of the pandemic and subsequent court closures on reconvictions data must be balanced against user needs for information with the provision of meaningful and informative statistics that carry minimal risk of misinterpretation. We are currently investigating what information we could helpfully provide users in respect of reconvictions statistics. We will communicate the outcome of this investigation to users as soon as possible.

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

The following table provides the total number of drug tests conducted in each financial year, along with the results.

The Parole Board for Scotland is required to make a report on the performance of its functions to the Scottish Ministers as soon as practicable after the end of each year, after which this report is laid before Parliament. No specific date has been set as yet for the receipt of the annual report, including accounts, for 2021-22, but this will be laid before Parliament and published in due course.

As noted within the Scottish Government's calendar of forthcoming statistical publications (link provided below), the Drug Seizures and Offender Characteristics 2020-21 publication has been delayed to provide additional time for data collection and validation.

Official statistics: forthcoming publications - gov.scot (www.gov.scot)

Scottish Government statisticians now intend to publish figures for 2020-21 and the following year of 2021-22 in the Spring of 2023, and we will pre-announce a specific month to users in the near future.