Asked by: Gosal, Pam (Scottish Conservative and Unionist Party - West Scotland)
Question
To ask the Scottish Government what action it is taking to ensure that standard prosecution reports (SPRs) fully address the views of domestic abuse victims on any (a) court proceedings, (b) bail conditions and (c) non-harassment orders, and that the reasons for such domestic abuse victims’ views are fully explored and described, by both the (i) Crown Office and Procurator Fiscal Service and (ii) Police Scotland, in appropriate and accurate language.
Answered by None
This question relates to a recommendation in the report on HM Inspectorate of Prosecution in Scotland (HMIPS)’s inspection of the prosecution of summary domestic abuse cases which was instructed by the Lord Advocate and was published on 17 April 2024.
The relevant recommendation is:
Recommendation 2
In relation to the reporting of domestic abuse cases, COPFS should work with Police Scotland to:
[...]
(b) ensure that Standard Prosecution Reports fully address the victim’s views on court proceedings, bail conditions and non-harassment orders. Reasons for victims’ views should be fully explored and should be described, by both COPFS and Police Scotland, in appropriate and accurate language [...]
The Lord Advocate has accepted this recommendation.
COPFS is commencing work in relation to the areas identified in the HMIPS report and will provide updates on the work undertaken in implementing the recommendations contained within the report in due course.
Mentions:
1: Edward Argar (Con - Charnwood) Obviously, courts take the decision on whether to remand or bail someone, and we can help that process - Speech Link
Oct. 24 2023
Source Page: Criminal Proceedings in Scotland, 2021-22Found: , persons counted once only where more than one bail order on same day.2The recording of bail orders
Mentions:
1: Julian Lewis (Con - New Forest East) having been arrested, I might well agree with her interpretation; it would depend on factors such as the bail - Speech Link
2: Christopher Chope (Con - Christchurch) If somebody is charged with a sexual offence, they would potentially have bail conditions or custody - Speech Link
Mar. 21 2024
Source Page: Foreign national offenders on licence, PSS and IS91 policy frameworkFound: When the FNO is going to be released from IS91 detention on immigration bail by Home Office, Returns
Mar. 21 2024
Source Page: Foreign national offenders on licence, PSS and IS91 policy frameworkFound: When the FNO is going to be released from IS91 detention on immigration bail by Home Office, Returns
Jan. 25 2024
Source Page: Ethnicity and the Criminal Justice System 2022Found: Director, Probation Policy Deputy Director , Criminal Justice and Criminal Court Policy Head of Bail
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to reduce overcrowding in adult male prisons (1) by extending the use of non-custodial sentences, (2) by reducing the remand and recall prison populations, and (3) by improving public understanding surrounding current (a) levels of crime, and (b) sentence lengths.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
In certain circumstances, there is persuasive evidence that community orders and suspended sentence orders are more effective than sentences of immediate custody in reducing reoffending. In the Sentencing Bill, currently before Parliament, the Government is introducing a presumption to suspend short custodial sentences. The offender would then serve their sentence in the community.
In terms of the remand and recall populations, we are working with our partners across the criminal justice system to safely manage the system and protect the public. This includes raising awareness of, and removing barriers to, the use of bail where appropriate as an alternative to remanding defendants in custody, including on 2 August 2023 publishing a new EM Court Bail Protocol. For recall, we have issued guidance to probation staff to ensure all safe alternatives to recall are considered before a decision is taken, and we have re-invigorated the Secretary of States power, under Section 255(B) of the Criminal Justice Act 2003, to release recalled offenders following a risk assessed recall review without reference to the Parole Board.
Upholding public confidence in the criminal justice system is a core priority and we continue to work to deliver this. Whilst improving public understanding is a valuable and important goal, it does not, by itself, affect the prison population.
Jan. 19 2024
Source Page: Kent criminal given 18-month custodial sentenceFound: and he was arrested following the warrant issued by Maidstone crown court for failing to answer his bail
Found: Bail and Release from Custody (Scotland) Bill: Consideration prior to Stage 3