Seòmar agus comataidhean

Scottish Government officials were notified about this matter by the Scottish Police Authority on the 1st November 2023. This was for information only as the governance and scrutiny of Police Scotland is for the Authority and not Ministers. No engagement with Police Scotland was required.

The Chair of the Authority has discussed this with the Chief Constable, who has apologised, and the SPA now considers the matter closed.

With regard to the assistance being provided to Police Scotland by Durham Constabulary, while this is an operational matter for the Chief Constable, it is good practice for police organisations to share their knowledge and experience. Police Scotland routinely collaborates and works in partnership with police forces across the UK, and beyond.

The 25-year contract for HMP Kilmarnock under the Private Finance Initiative (PFI) for a privately constructed and operationally managed prison expires on 16 March 2024. The decision to bring HMP Kilmarnock into public management and ownership and not to tender for a new private contract was taken in 2021. This is in line with Scottish Government policy that prisons should be owned and managed by the public sector, which has been in place since 2007.

The cost of private sector prison contracts depend on the market conditions at that particular point in time and in order to establish the cost of a new private sector contract for HMP Kilmarnock from 2024 this would have to be put out to tender. In line with Government’s long-running policy on private prisons the decision was made not to put it out to tender.

SPS is working to agree proposals for a transitional operating model, and a target operating model, which is to be adopted within the first year of the prison transferring to the public sector.

I refer the member to the answer to question S6W-23358 on 11 December 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

I refer the member to the answer to question S6W-23358 on 11 December 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 Scottish Government is committed to expanding electronic monitoring use across a broader range of licences and community orders, including exploring use of remote alcohol monitoring as provided for by the Management of Offenders (Scotland) Act 2019.

A new national contract for electronic monitoring was procured in 2020 that would allow for use of new technologies. In May 2022, provisions in the 2019 Act were commenced to allow electronic monitoring as part of bail and to allow electronic monitoring with Community Payback Orders at first disposal.

As work continues to embed these recent changes, we are now engaging with justice partners to explore the potential uses of new technologies, including remote substance monitoring technologies.

The Scottish Government has engaged with justice partners on potential uses of new technologies, including both GPS and remote substance monitoring technologies. This engagement has included discussions with Justice Social Work, the judiciary, Community Justice Scotland, Violence Reduction Unit and private sector providers.

I refer the member to the answer to question S6W-23358 on 11 December 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 Scottish Government has had no involvement regarding Sheriff Duff's role as a Director of the Judicial Institute for Scotland. The judiciary is independent of the Scottish Government. The Lord President delegates responsibility for the delivery of judicial training to the Judicial Institute of Scotland and is responsible for appointments including the role of Director to the Board of the Judicial Institute.

The Police and Fire Reform (Scotland) Act 2012 stipulates that the Chief Constable is responsible for the policing of Scotland, and is accountable to the Scottish Police Authority for this, rather than to Scottish Ministers directly. These arrangements are in place to ensure public confidence that the police act independently, free from unwarranted Ministerial interference. The Scottish Government had no involvement in the Police Scotland investigation that resulted in Sheriff Alistair Duff being convicted at Edinburgh Sheriff Court.

Under the Courts Reform (Scotland) Act 2014, it is for the First Minister, with the agreement of the Lord President, to select persons to be members of a Fitness for Judicial Office Tribunal. In consultation with the Lord President, and in accordance with the legislation, the former First Minster appointed Sheriff Duff as a shrieval member of two Fitness for Judicial Office Tribunals in October 2018 and November 2019. On 3 November 2021, the Scottish Government was advised by the Tribunal that Sheriff Duff was unable to fulfil his duties on the Fitness for Judicial Office Tribunal, because of personal matters and requested a new shrieval member be appointed. No further details were provided to the Scottish Government.