Seòmar agus comataidhean

Specific project funding of around £78,000 per annum was allocated between 2016-17 and 2018-19 to help the Aberdeen problem solving approach (PSA) become established. The Scottish Government also funded and commissioned research which was published in 2018.

In line with the funding model for community justice (which is agreed with COSLA), specific support for the Aberdeen PSA was focused on assisting its establishment, with the expectation that, if successful, the approach would be mainstreamed by local partners utilising the overall funding allocated for community justice services.

The Scottish Budget for 2020-21 increased investment in community justice services to more than £117 million, which is an increase of over £6.5 million compared with 2019-20. £106 million is paid directly to local authorities which includes an allocation of over £4.9 million to Aberdeen City Council in 2020-21.

Funding to local authorities includes an additional £4 million this year to support the expansion of structured deferred sentences (SDS), diversion from prosecution and bail supervision, with flexibility to focus on priorities in the context of COVID-19. This is intended to support and encourage an expansion of SDS, which are often used as part of problem solving approaches and show potential in helping prevent reoffending.

We have also committed in our Programme for Government to publish guidance on SDS which will support consideration of problem solving approaches.

Sentencing decisions, including sentence deferrals, are operational matters for the independent courts, who may defer sentence in any given case after conviction for a period and on such conditions as they may determine.

Data held by the Criminal Justice Board Management Information System provides the average time from date of verdict to date of closure of a summary case (where date of closure is used as a proxy for date of sentence) in each of the last 5 years is:

2015-16 – 67 days

2016-17 – 67 days

2017-18 – 70 days

2018-19 – 72 days

2019-20 – 68 days.

Comparable data is not held for solemn cases.

In general terms, there are a number of reasons why the court may wish to defer sentence upon conviction before disposing of a case. For example, to obtain a criminal justice social work report detailing the circumstances of the offence and the character of the offender, with a view to assisting the court in determining the most suitable method of dealing with any person in respect of an offence. The court may also wish to defer sentence for a period of good behaviour with a view to issuing a lesser sentence if good behaviour is demonstrated by the offender.

Structured Deferred Sentences (SDS) are also a valuable tool to provide a short period of intensive supervision managed by Justice Social Work. SDS is used in a variety of ways and can provide a flexible and effective intervention which can help prevent individuals who have offended becoming further drawn into the justice system, as well as address the underlying causes of offending and contribute to safer and fairer communities for all.

As was made clear in the recent Programme for Government, building on the presumption against short custodial sentences, which was extended to 12 months or less in 2019, the Scottish Government will promote and expand the availability of effective community interventions, including publishing guidance on structured deferred sentences.

The Scottish Government guidance for transport operators in Scotland was first published on the Transport Scotland website in May and has been reviewed on an on-going basis throughout the pandemic with amendments made at appropriate points. This guidance is applicable to taxi and private-hire operators. The guidance can be found using the following link https://www.transport.gov.scot/coronavirus-covid-19/transport-transition-plan/guidance-for-transport-operators/#overview

In addition, there is separate guidance to support taxi drivers to safely operate produced by the lead Local Authority group of Environmental Health and Trading Standards Officers and published by the Society of Chief Officers of Trading Standards which can be found using the following link https://www.scotss.org/covid/taxiguidance13august.pdf .

The Scottish Government has taken an evidence-based approach to decisions on quarantine measures which are focused on protecting public health and suppressing transmission of the virus.

Our decisions are informed by a range of evidence. We receive analysis and country-specific risk assessments from the Joint Biosecurity Centre (JBC) and Public Health England (PHE) on a weekly basis, which includes a range of information, including case numbers, positivity rates, travel patterns, and measures being taken to suppress the virus. In addition we also consider data collected in Scotland on COVID-19 cases with a link to international travel.

Until recently, the evidence was provided on a national level rather than a regional level. In recent weeks, more evidence has become available from the JBC for specific islands, and other UK nations have now adopted more differentiated approaches in relation to some countries, including Greece.

The Scottish Government would be willing to move to a similar approach, but this will be based on the evidence, and protecting public health will remain our priority. In reaching decisions we will consider the quality and range of evidence available at regional level, including the evidence on importation of risk. We will also consider the risks presented by travel within countries (among tourists and the general population), and the nature of monitoring and enforcement processes in place. It is also important that we have confidence in the stability of the data at regional level, so that any decisions to change the status of specific regions can be sustained, and the risk of public confusion can be minimised.

We will continue to work with the other UK nations on this, and we will continue to seek to align our decisions where possible, based on the evidence.

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

On Thursday September 2020 there were 7467 people in Scottish prison custody. Of this total:

• 5370 people were accommodated alone in a cell intended to accommodate one person;
• 891 people were accommodated in a cell, or dormitory, intended for more than one person; and
• 1206 people were accommodated with another person in a cell intended for one person.

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

The SPS understands the challenges faced by those in our care, and their families and friends, as a result of the necessary restrictions across the prison estate and wider justice sector in response to the pandemic.

Recognising the potential impact that these restrictions may have on the physical and mental wellbeing of those in custody, including those on remand, we have worked to ensure support, in a variety of forms, is available.

• Self-help support leaflets and audio files, designed by SPS Psychologists, have been issued to everyone in custody providing information and tools which can be used to maintain a sense of wellbeing.
• Together with NHS Health Boards, we are providing additional in-cell activities and Fife College have provided learning packs and other educational activities. Relaxation and mindfulness exercises are also available on in-cell televisions and radio.
• Prison Chaplains continue to provide pastoral, spiritual and faith-specific care within establishments.
• Throughout the pandemic people in custody have continued to be offered exercise in the open air and recreation time, and we are encouraging participation in more outdoor exercise based activities.
• We have continued to facilitate family contact. In addition to the Email-a-Prisoner and Prisoner Voicemail schemes, an in-cell telephony option has also been provided to everyone in order to allow them to maintain family contact. Each person currently has a free monthly call allowance of 310 minutes per month on their restricted mobile phone.
• We have also facilitated a Virtual Visit service in partnership with Unilink which allows people in custody to engage with family and friends at home. Physical visits have also resumed, although these are currently suspended at HMP Low Moss, Barlinnie and Shotts in light of local restrictions.

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

The table provided shows the average number of Purposeful Activity (PA) hours, people in custody engaged in each week, per public sector establishment, by month, between July 2019 and July 2020.

In response to the outbreak of Covid-19, SPS introduced a number of significant restrictions on prison regimes in March 2020. Whilst these restrictions were necessary to protect the health and well-being of all those who live and work in our prisons; they inevitably impacted upon the average number of PA hours that each prison was able to deliver.

HMP Addiewell and Kilmarnock are privately operated prisons and are not required to submit PA hours on a monthly basis. The delivery of PA hours within these establishments is monitored through contractual arrangements with SPS Controllers and Contract Managers ensuring compliance with minimum requirements.

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

The table shows the average prison population, design capacity and occupancy rate, per establishment, for the month of August 2020.

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

In line with Scottish Government guidance, work on the construction of the new Women’s National Facility and the Community Custody Units was temporarily suspended in March 2020 due to COVID-19.

Following the easing of restrictions, construction of the Women’s National Facility recommenced in June. Site preparation work continues for both Community Custody Units, with construction expected to commence in October.

Throughout the lockdown period, the SPS continued to work with both contractors on design elements and statutory applications in order to minimise the impact on the construction timeline as much as possible.

The SPS is working closely with the contractors to regularly assess timescales and this will continue as we progress through the phases of the Construction re-start Model and the impact beyond the lock-down phases becomes more apparent.

At this time, we anticipate that the construction of the CCUs will be completed early in 2022 and in Spring 2022 for the Women’s National Facility.

This question relates to operational matters that are the responsibility of the Scottish Court and Tribunals Service (SCTS) corporate body. The question has been passed to the Chief Executive of the SCTS who will reply in writing within 20 days.