The Scottish Executive announced proposed amendments to its Protection of Children and Prevention of Sexual Offences Bill. The Bill would be extended to criminalize pornography and prostitution involving those up to the age of 18, in line with optional protocols relating to the United Nations Convention on the Rights of the Child. The Executive also published the results of a consultation exercise on protecting children from sexual exploitation.
Source: Press release 22 December 2004, Scottish Executive (0131 556 8400) | Linda Nicholson, Protecting Children form Sexual Harm: Analysis of consultation responses, Scottish Executive, available from Blackwell's Bookshop (0131 622 8283)
Links: SE press release | Consultation responses (pdf)
Date: 2004-Dec
A report said that tougher sentencing by Scottish courts, and not the level of crime, had led to record prison numbers.
Source: Jacqueline Tombs, A Unique Punishment: Sentencing and the prison population in Scotland, Scottish Consortium on Crime & Criminal Justice (0131 669 4484)
Links: Report (pdf) | RCP press release
Date: 2004-Dec
The Scottish Executive announced new measures aimed at tackling Scotland's high re-offending rates, reducing crime and the fear of crime, and restoring public confidence in the criminal justice services. Plans for a single correctional service were dropped.
Source: Supporting Safer, Stronger Communities: Scotland's Criminal Justice Plan, Scottish Executive, available from Blackwell's Bookshop (0131 622 8283)
Links: Report | SE press release | Community Care report
Date: 2004-Dec
A survey of ordinary people's experience of crime, carried out in Scotland during 2002, showed an increase in crime experience compared with the previous survey in 1999. This survey indicated more significant increases in vandalism, bicycle theft and 'other household theft' than those recorded by the police. There was no statistically significant change in the incidence of violent crime (robbery and assault) between 1999 and 2002.
Source: Susan McVie, Siobhan Campbell and Korin Lebov, Scottish Crime Survey 2003, Scottish Executive, available from Blackwell's Bookshop (0131 622 8283)
Links: Report | SE press release (1) | SE press release (2)
Date: 2004-Dec
An audit report said that police forces in Scotland continued to improve their crime clear-up performance, and were making further progress in tackling housebreakings, drugs, and road injuries. But the target for reducing serious violent crimes was not met.
Source: Police & Fire: Performance indicators 2003/04, Audit Scotland for Accounts Commission and Auditor General (0131 477 1234)
Links: Report (pdf) | Audit Scotland press release (pdf) | SE press release
Date: 2004-Dec
Researchers examined the ways in which human rights points had been made in Scottish court cases since devolution, exploring policy implications and case law development. Criminal justice and immigration control had been the public policy areas where human rights points had been raised most frequently; and there were clusters of cases relating to children and prison conditions. Most challenges that could have had a significant impact on policy had been unsuccessful.
Source: Paul Greenhill, Tom Mullen, Jim Murdoch, Sarah Craig and Alan Miller, The Use of Human Rights Legislation in the Scottish Courts, Scottish Executive, available from Blackwell's Bookshop (0131 622 8283)
Date: 2004-Nov
A literature review of violence against women was published by the Scottish Executive. It found that violence against women was widespread, and could affect women of any age, class, race, religion, sexuality, or ability. Factors which might increase vulnerability to some types of violence included age, disability, and poverty. Across all forms of violence and abuse, women were most at risk from men they knew.
Source: Lily Greenan, Violence against Women: A literature review, Scottish Executive (0131 556 8400)
Links: Report (pdf) | Summary (pdf)
Date: 2004-Nov
A report said that the re-conviction rate and frequency of re-conviction were lower among those in Scotland who completed drug treatment and testing orders than among those whose orders were revoked.
Source: Gill McIvor, Reconviction Following Drug Treatment and Testing Orders, Scottish Executive, available from Blackwell's Bookshop (0131 622 8283)
Links: Report |
Date: 2004-Oct
An analysis of responses to a consultation by the Scottish Executive on reducing re-offending found some strengths in the existing system, but also raised concerns about standards and consistency of offender services across Scotland.
Source: Reduce, Rehabilitate, Reform: Analysis of consultation responses, Scottish Executive, available from Blackwell's Bookshop (0131 622 8283)
Links: Report | Summary | SE press release
Date: 2004-Oct
An independent working group recommended specific legislation in Scotland for hate crimes towards individuals based on their sexual orientation, transgender identity or disability.
Source: Working Group on Hate Crime Report, Scottish Executive, available from Blackwell's Bookshop (0131 622 8283)
Links: Report | SE press release
Date: 2004-Oct
A report called for a more strategic and co-ordinated approach to the planning and delivery of publicly funded legal advice in Scotland.
Source: Strategic Review of the Delivery of Legal Aid, Advice and Information, Scottish Executive, available from Blackwell's Bookshop (0131 622 8283)
Links: Report | Summary | SE press release
Date: 2004-Oct
Four linked reports were published from a major study of adolescent development and offending in Scotland.
Source: David Smith, The Links Between Victimization and Offending, Centre for Law and Society/University of Edinburgh (0131 650 9166) | David Smith, Parenting and Delinquency at Ages 12 to 15, Centre for Law and Society/University of Edinburgh | David Smith and Lesley McAra, Gender and Youth Offending, Centre for Law and Society The University of Edinburgh | Lesley McAra, Truancy, School Exclusion and Substance Misuse, Centre for Law and Society The University of Edinburgh
Links: Victimisation report (pdf) | Delinquency report (pdf) | Gender report (pdf) | Truancy report (pdf) | Guardian report
Date: 2004-Aug
The Antisocial Behaviour etc. (Scotland) Act 2004 was given Royal assent. The Act provided a comprehensive range of measures designed to tackle anti-social behaviour.
Source: Antisocial Behaviour etc. (Scotland) Act 2004, TSO (0870 606 5566)
Links: SE press release | Guidance consultation
Date: 2004-Jul
Research on public views in Scotland found low public confidence in criminal justice, and that this was associated with a significant gap between public understanding and views and official responses to crime.
Source: Fiona Spencer, Engaging With The Public Interest In Criminal And Youth Justice, Scottish Council Foundation (0131 225 4709)
Links: Report (pdf) | Discussion paper (pdf)
Date: 2004-Jul
The Scottish Executive published the written responses received to the consultation exercise that looked at how best to address re-offending and rising prison populations in Scotland. The Scottish Prison Service had proposed scrapping all custodial sentences of less than a year to reduce the 20,000 prisoners it processed each year.
Source: Reducing Reoffending Consultation: Responses, Scottish Executive (0131 556 8400)
Links: Report | Guardian report
Date: 2004-Jul
The Scottish Parliament approved the Antisocial Behaviour etc. (Scotland) Bill. The Bill provided a comprehensive range of measures designed to tackle anti-social behaviour. Campaigners said the Bill fed the prejudice that it was only council tenants who were responsible for the problem.
Source: Antisocial Behaviour etc. (Scotland) Bill, Scottish Executive, TSO (0870 606 5566) | Press release 17 June 2004, Shelter Scotland (0131 473 7170)
Links: Text of Bill (pdf) | SE press release | Shelter press release
Date: 2004-Jun
Researchers sought to assess the need for legal advice in four areas in Scotland with Community Legal Service pilot partnerships. People with a justiciable problem were more likely to be living in rented accommodation, in receipt of housing benefits, have children in the home, be unemployed and have a physical or mental impairment, than people without a justiciable problem. Minority ethnic respondents were more likely to experience a justiciable problem than white respondents. Neighbourhood disputes were reported most frequently in all areas, followed by problems to do with housing.
Source: James Law et al., Community Legal Service: Assessing need for legal advice in Scotland, Scottish Executive, TSO (0870 606 5566)
Links: Report | Summary | Technical report
Date: 2004-May
A report provided an overview of findings from a study into the effectiveness of interventions to reduce the impact of low-level drug markets.
Source: Reducing the Impact of Local Drug Markets: A research review summary, Scottish Executive, TSO (0870 606 5566)
Links: Report
Date: 2004-Apr
The Scottish Parliament approved legislation to reform the High Courts system in Scotland. The main provisions of the Criminal Procedure (Amendment) (Scotland) Bill included: introducing a mandatory preliminary hearing in the High Court to enable the judge to ensure that the parties were ready to go to trial; introducing fixed trial dates, so that victims and witnesses knew exactly when they would need to come to court; and giving the defence extra time to prepare for trial, by making the 110 days run to the preliminary hearing, with the trial date a maximum of 30 days thereafter.
Source: Criminal Procedure (Amendment) (Scotland) Bill, Scottish Executive, TSO (0870 606 5566)
Links: Text of Bill (pdf) | SE press release
Date: 2004-Apr
A report made proposals designed to enhance the relationship between police and communities in Scotland, and improve community involvement. It recommended the extended use of public perception surveys to engage with local people on policing priorities, and that forces should review how they consulted with local people and organisations to maximise the potential for joint consultation and information sharing with local partners.
Source: Local Connections: Policing with the community, HM Inspectorate of Constabulary for Scotland (0131 244 5614)
Links: Report | SE press release
Date: 2004-Mar
A report (the 'McInnes report') contained radical proposals on the reform of how the justice system in Scotland dealt with less serious offences. It recommended the creation of a single unified summary court, managed by the Scottish Court Service (instead of being split between local authorities and the Scottish Court Service); an all-professional judiciary consisting of Sheriffs and new Summary Sheriffs - both with identical sentencing powers in summary cases; and considerably enhanced sentencing powers to allow summary courts to impose sentences of one year imprisonment and a maximum 20,000 fine. The Scottish Executive described the recommendations as 'not uncontroversial' and began consultation.
Source: Summary Justice Review Committee, Report to Ministers, Scottish Executive (0131 556 8400) | Press release 16 March 2004, Scottish Executive
Links: Report | SE press release (1) | SE press release (2)
Date: 2004-Mar
A research report said that, despite the introduction in Scotland of increased sentences for offences committed on bail, the level of bail offending had not reduced.
Source: Kevin Brown, Fiona Leverick and Peter Duff, Offending On Bail: Analysis of the use and the impact of aggravated sentences for bail offenders, Scottish Executive, TSO (0870 606 5566)
Links: Report | SE press release (1) | SE press release (2)
Date: 2004-Mar
A report by a committee of MSPs endorsed the Antisocial Behaviour etc. (Scotland) Bill as part of the Scottish Executive's strategy to tackle the 'persistent and unacceptable' levels of antisocial behaviour which affected many communities in Scotland. Children's organisations expressed concerns that the approach being followed would fail to address the underlying causes of such behaviour.
Source: Stage 1 Report on Antisocial Behaviour etc. (Scotland) Bill, 1st Report 2004, SP Paper 104, Scottish Parliament Communities Committee, TSO (0870 606 5566) | Briefing: Antisocial Behaviour etc. (Scotland) Bill, Abelour Child Care Trust (0131 669 5190) and others
Links: Report | Briefing (pdf) | Shelter press release
Date: 2004-Mar
A research report examined female offenders in Scotland and custody decisions. It was found that women were less likely to be remanded than men, and had a different profile of offending. The most common crimes for which women were remanded in custody differed from those which resulted in male remand; women were most likely to be remanded in custody for shoplifting and 'other theft', while men were most likely to be remanded for violence and 'other dishonesty'. There was a wide variation in the use of remand across the Sheriff Courts. Judicial opinion was found to differ on whether females should be treated any differently from males in relation to the bail/custody decision.
Source: Kevin Brown, Peter Duff and Fiona Leverick, A Preliminary Analysis of the Bail/Custody Decision in Relation to Female Accused, Scottish Executive, TSO (0870 606 5566)
Links: Report | SE press release
Date: 2004-Mar
A report by a committee of MSPs welcomed measures to reduce delays in the criminal justice system in Scotland, subject to the provision of adequate resources to make the reforms work.
Source: Stage 1 Report on the Criminal Procedure (Amendment) (Scotland) Bill, 2nd Report 2004, SP Paper 95, Scottish Parliament Justice 1 Committee, TSO (0870 606 5566)
Date: 2004-Feb
A report highlighted the trauma experienced by child witnesses and the impact that could have on court outcomes in Scotland. It called on the Scottish Parliament to amend the Vulnerable Witnesses (Scotland) Bill to do more to protect children in such cases.
Source: Respecting Child Witnesses and Delivering Justice It can be done!, Justice for Children c/o CHILDREN 1ST (0131 446 2300)
Links: CHILDREN 1ST press release
Date: 2004-Feb
A report said the children's hearing system in Scotland was under strain because of the huge rise in referrals on the grounds of care and protection rather than offending. It identified problems of inappropriate referrals, lack of community resources and social work staffing as the main reasons for the system not working in the way that was originally intended. It called on the Scottish Executive to build on the strengths of the hearing system as the most effective way forward in addressing the problem of youth crime: but it said the system needed to be 'fully resourced and enthusiastically supported' if it were to work to best effect.
Source: Where s Kilbrandon Now?, NCH (0845 762 6579)
Links: Report (pdf) | Community Care article
Date: 2004-Jan
The Scottish Executive published a consultation paper on hate crime. It examined the case for legal measures to address offences motivated by hatred or prejudice towards social groups.
Source: Working Group on Hate Crime: Consultation paper, Scottish Executive, TSO (0870 606 5566)
Links: Consultation document (pdf) | Consultation document
Date: 2004-Jan
