- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
-
Date lodged: Tuesday, 05 December 2023
-
Current Status:
Answered by Angela Constance on 11 December 2023
To ask the Scottish Government how many (a) men and (b) women have (i) been prosecuted, (ii) been prosecuted and convicted and (iii) not been prosecuted but have received direct measures for TV licence fee non-payment in each of the last five years.
Answer
The latest available information on convictions is for the financial year 2021-22 and is provided in the following table.
People prosecuted for TV Licence evasion, by gender, where main charge, 2017-18 to 2021-22*.
| 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Males | 3 | 3 | 2 | 1 | - |
Females | 3 | 4 | 2 | 1 | - |
Total prosecuted | 6 | 7 | 4 | 2 | - |
Source: Scottish Government Criminal Proceedings database.
People convicted for TV Licence evasion, by gender, where main charge, 2017-18 to 2021-22*.
| 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Males | 2 | 3 | 2 | 1 | - |
Females | 3 | 3 | 2 | 1 | - |
Total convicted | 5 | 6 | 4 | 2 | - |
Source: Scottish Government Criminal Proceedings database.
People given Non-Court Disposals (NCDs) for TV licence evasion, by gender, 2017-18 to 2021-22.
| 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Males | 1,819 | 1,665 | 1,142 | 382 | 314 |
Females | 4,576 | 4,102 | 3,062 | 957 | 790 |
Total NCDs | 6,395 | 5,767 | 4,204 | 1,339 | 1,104 |
Source: Scottish Government Criminal Proceedings database.
*Please note: Data for 2020-21 and 2021-22 are affected by the pandemic and subsequent court closures and may not be reflective of long term trend.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
-
Date lodged: Monday, 27 November 2023
-
Current Status:
Answered by Angela Constance on 11 December 2023
To ask the Scottish Government how many prosecutions for (a) murder and (b) culpable homicide have been brought against healthcare professionals in Scotland in the last 10 years relating to the discharge of their duties or exercise of their powers treating patients, and, of these, how many resulted in a conviction.
Answer
The Scottish Government does not hold the information requested. The data we receive from Police Scotland’s Criminal History System for production of the Criminal Proceedings in Scotland National Statistics bulletin includes a prosecuted person’s age and sex, but not their profession or details of the context of their case, aside from the main charge, any aggravation(s), the verdict and (if convicted) the sentence given.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
-
Date lodged: Monday, 27 November 2023
-
Current Status:
Answered by Angela Constance on 11 December 2023
To ask the Scottish Government what consideration it has given to potential reforms of homicide law in the current parliamentary session.
Answer
The Scottish Law Commission is currently undertaking a project to consider homicide law reform. The Scottish Law Commission's homicide law project has been continued into their 11th Programme of Law Reform. In 2021, the Commission published their discussion paper on this subject. Scottish Government officials have recently engaged with the Scottish Law Commission who advise they hope to be in a position to publish their final report during 2024. The Scottish Government will consider carefully their final report and recommendations carefully when published.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
-
Date lodged: Monday, 27 November 2023
-
Current Status:
Answered by Angela Constance on 11 December 2023
To ask the Scottish Government what consideration it has given to potential reforms of corporate criminal liability.
Answer
Possible reform to homicide law is currently being considered by the Scottish Law Commission. In paragraph 1.27 of the Scottish Law Commission's Homicide Project Discussion paper , it is indicated corporate homicide is one of a number of topics that the Commission will not be considering as part of their project. As paragraph 1.27 and associated footnotes indicates, this is because a Members' Bill was presented to the Scottish Parliament in 2020 in this area of law and the Presiding Officer of the Scottish Parliament made a statement that the Bill was not within the legislative competence of the Parliament.
Within this context, the Scottish Government is not considering any potential reforms to corporate criminal liability with responsibility for any such reform falling to the UK Government.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
-
Date lodged: Friday, 24 November 2023
-
Current Status:
Answered by Michael Matheson on 5 December 2023
To ask the Scottish Government what discussions it has had regarding the presence of COVID-19 warnings in official communications since the final lifting of restrictions.
Answer
Scottish Government guidance is reviewed and updated regularly to ensure that information for the public and workplaces aligns to current policy. Policy is driven by the latest data, evidence and expert advice and is reflected in the communication of guidance. Throughout the pandemic public health advice on a range of complementary protective measures has been provided. When restrictions were in place (up to April 2022) advice was in place through guidance to support understanding and adherence of restrictions. Since the lifting of restrictions, guidance offers practical, risk-based advice on how to build infection resilience to respiratory infections including COVID-19, for individuals and workplaces. Any change in response will be driven by the data and evidence gathered, as well as expert advice.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
-
Date lodged: Friday, 24 November 2023
-
Current Status:
Answered by Michael Matheson on 5 December 2023
To ask the Scottish Government what discussions it has had regarding the content of COVID-19 warnings used in official communications, in particular in relation to the emphasis on "clean hands" and "two metres distance" and the lack of mention of ventilation, since the emergence of evidence that COVID-19 primarily spreads via aerosols and not fomites.
Answer
Scottish Government guidance is reviewed and updated regularly to ensure that information for the public and workplaces aligns to current policy. Policy is driven by the latest data, evidence and expert advice and is reflected in the communication of guidance. Throughout the pandemic public health advice on a range of complementary protective measures - including good hand hygiene, physical distancing, social mixing and improved ventilation – has been consistently deployed in response to the stage of the pandemic, to reduce risk from all transmission routes and support infection resilience to COVID-19.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
-
Date lodged: Wednesday, 08 November 2023
-
Current Status:
Answered by Angela Constance on 21 November 2023
To ask the Scottish Government, further to the answer to question S6W-21911 by Angela Constance on 24 October 2023, what action it is taking in response to the finding by the University of Edinburgh's Child Safety, Justice and Recovery Research Group in its North Strathclyde Bairns Hoose Evaluation: Phase One Report, published in March 2023, that the use of joint investigative interviews (JIIs) has had “little impact” on children and that child witnesses are still required to attend court “in almost all cases”.
Answer
The Scottish Government is continuing the phased implementation of the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019. A presumption in favour of pre-recording the evidence of child witnesses in cases which involve specified offences is already in place in the High Court, unless specific exceptions apply. We remain committed to extending this presumption to children giving evidence in relevant cases in the sheriff courts and will publish a revised Implementation Plan by the end of March.
We continue to support national rollout of the new Scottish Child Interview Model for Joint Investigative Interviews with over £2 million funding and have committed further support through the Bairns’ Hoose Pathfinder Phase. The model aims to secure a child’s best evidence at the earliest opportunity, while minimising retraumatisation. We have commissioned an independent evaluation of the model and its expected outcomes. It is anticipated that the model will be available across Scotland by the end of 2024.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
-
Date lodged: Tuesday, 31 October 2023
-
Current Status:
Answered by Angela Constance on 14 November 2023
To ask the Scottish Government how many prison cells currently containing two or more inmates have less than 8m² living space, excluding space dedicated to sanitary facilities, broken down by prison.
Answer
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
The following table shows the number of cells as on 1 November 2023 which accommodate two or more people in our care, and have an average living space of under 8m² (excluding sanitary facilities).
Establishment | Number of Cells |
Barlinnie | 402 |
Dumfries | 24 |
Edinburgh | 182 |
Glenochil | 209 |
Grampian | 37 |
Inverness | 1 |
Low Moss | 131 |
Perth | 118 |
Polmont | 11 |
Whilst the Council of Prevention of Torture’s (CPT) minimum standard for personal living space in prison establishments for multiple occupancy cells is 4m² plus fully-partitioned sanitary facility, not complying with this standard does not constitute a breach of the law.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
-
Date lodged: Tuesday, 31 October 2023
-
Current Status:
Answered by Angela Constance on 14 November 2023
To ask the Scottish Government whether, in any of Scotland’s prisons, a majority of cells containing two or more inmates have less than 8m² of living space, excluding space dedicated to sanitary facilities, and, if so, in which prisons this is the case.
Answer
I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:
SPS does have accommodation within our estate which has an average of less than 8m² of living space and is occupied by more than one person in our care.
The following list indicates the establishments where the majority of cells that are currently being utilised for double (or more) occupancy have a cell average of under 8m² living space, as at 1 November 2023:
- HMP Barlinnie
- HMP Dumfries
- HMP Edinburgh
- HMP Glenochil
- HMP Grampian
- HMP Low Moss
- HMP Perth
- HMP&HMYOI Polmont
Whilst the Council of Prevention of Torture’s (CPT) minimum standard for personal living space in prison establishments for multiple occupancy cells is 4m² plus fully-partitioned sanitary facility, not complying with this standard does not constitute a breach of the law.
- Asked by: Liam McArthur, MSP for Orkney Islands, Scottish Liberal Democrats
-
Date lodged: Tuesday, 07 November 2023
-
Current Status:
Answered by Maree Todd on 14 November 2023
To ask the Scottish Government which prisons do not currently have full-time access to dedicated mental health professionals.
Answer
I refer the member to the answer to question S6W-22759 on 14 November 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