The Scottish Law Commission recommended that a definition of the term 'consent' in rape cases should be placed on the statute book.
Source: Report on Rape and Other Sexual Offences, Report 209, Scottish Law Commission (0131 668 2131)
Links: Report | SLC press release | SG press release | BBC report
Date: 2007-Dec
The Scottish Government published the report of a review of community penalties. It said that it would take steps to ensure that community penalties were used to their full potential in future.
Source: Reforming and Revitalising: Report of the review of community penalties, Scottish Government (0131 556 8400)
Links: Report | Summary | Focus group report | SG press release | BBC report
Date: 2007-Nov
The Law Lords ruled that claims of human rights breaches under the European Convention were not covered by a one-year time bar if they were launched under the Scotland Act. The decision related to four prisoners who challenged orders made by prison governors and Scottish ministers segregating them – under prison rules – from the mainstream prison population.
Source: Somerville (AP) (Original Appellant and Cross-respondent) v Scottish Ministers (Original Respondents and Cross-appellants) (Scotland) Etc, UKHL 44 (Session 2006-07), House of Lords Judicial Office (020 7219 3111)
Links: Text of judgement | BBC report
Date: 2007-Oct
Researchers evaluated the implementation and impact of local anti-social behaviour strategies at the neighbourhood level in four selected Scottish local authorities. There was improved local agency performance in partnership working, operational targeting, holistic interventions, and the use of different measures and tools. However, these improvements had not yet resulted in reductions in recorded or perceived levels of neighbourhood anti-social behaviour. The Scottish Government announced a review of how it worked together with local agencies and communities to tackle anti-social behaviour.
Source: John Flint et al., The Impact of Local Antisocial Behaviour Strategies at the Neighbourhood Level, Scottish Government (web publication only) | Press release 25 October 2007, Scottish Government (0131 556 8400)
Links: Report | SG press release
Date: 2007-Oct
A report evaluated dispersal powers (introduced under the Antisocial Behaviour etc. (Scotland) Act 2004) which allowed police to designate a 'dispersal area' in a location where there had been a history of anti-social behaviour. Police, residents and businesses felt that anti-social behaviour was substantially reduced for the three months when the powers were in force.
Source: Ben Cavanagh, A Review of Dispersal Powers, Scottish Government (web publication only)
Date: 2007-Oct
Researchers examined the use of anti-social behaviour orders in Scotland. Almost 1 in every 3 orders issued since 2004 had been breached. In 27 per cent of the cases reviewed, there was a 'perceived' improvement in behaviour after an order was granted: but it was no better in 31 per cent of cases.
Source: Fabian Zuleeg et al., Use of Antisocial Behaviour Orders in Scotland, Scottish Government (web publication only)
Links: Report | Summary | SG press release | BBC report
Date: 2007-Sep
Researchers examined changes made in Scotland in 2002 to the law of evidence in sex offence trials. The numbers of trials with applications to introduce sexual history and/or character evidence had substantially increased compared to the baseline study. Almost three-quarters of trials (72 per cent) now included an application, compared to just over one-fifth of trials (21 per cent) in the baseline study.
Source: Michele Burman, Lynn Jamieson, Jan Nicholson and Oona Brooks, Impact of Aspects of the Law of Evidence in Sexual Offence Trials: An evaluation study, Scottish Government, available from Blackwell's Bookshop (0131 622 8283)
Date: 2007-Sep
An independent review examined the law and practice of disclosure in criminal proceedings in Scotland. It said that there should be a clearer definition of the duty of disclosure, coupled with a reasonable and flexible approach to its application.
Source: Lord Coulsfield, Review of the Law and Practice of Disclosure in Criminal Proceedings in Scotland, Scottish Government, available from Blackwell's Bookshop (0131 622 8283)
Links: Report | Summary | SG press release | BBC report
Date: 2007-Sep
A report said that people with a learning disability in prisons in Scotland were not being identified. Many were also bullied and cut out of rehabilitation courses; and most prison staff were not given the training or resources to deal with them.
Source: Nancy Loucks with Jenny Talbot, No One Knows: Identifying and supporting prisoners with learning difficulties and learning disabilities – the views of prison staff, Prison Reform Trust (020 7251 5070)
Links: Report | PRT press release | BBC report
Date: 2007-Sep
Crime covered by the Scottish Crime and Victimisation Survey (a household survey measuring personal and household crimes) increased by an estimated 13 per cent between 2003-04 and 2005-06.
Source: Matthew Brown and and Keith Bolling, 2006 Scottish Crime and Victimisation Survey: Main Findings, Scottish Government, available from Blackwell's Bookshop (0131 622 8283)
Links: Report | Drugs misuse report | SG press release
Date: 2007-Sep
An audit report said that increased funding and a stronger focus on youth justice services in Scotland had delivered some positive changes: but it was still not possible to demonstrate clearly that resources provided value for money, and were being used effectively.
Source: Dealing with Offending by Young People: Performance update, Audit Scotland for Accounts Commission and Auditor General (0131 477 1234)
Links: Report | Audit Scotland press release | COSLA press release
Date: 2007-Aug
An article examined how sentencers in the two jurisdictions of England/Wales and Scotland differed in their sentencing decision-making, with a focus on cases on the borderline between prison and a community penalty. Despite differences in legal systems and criminal justice structures, sentencers' decision-making in the two jurisdictions was 'remarkably similar'.
Source: Andrew Millie, Jacqueline Tombs and Mike Hough, 'Borderline sentencing: a comparison of sentencers' decision making in England and Wales, and Scotland', Criminology and Criminal Justice, Volume 7 Number 3
Links: Abstract
Date: 2007-Jul
An article examined a 'fast track' policy in Scotland designed to speed up the processing of persistent youth offending cases, and reduce rates of persistent offending. The policy was initially welcomed by a wide range of practitioners, decision-makers, and managers involved with children's hearings, who mostly thought that it was a positive innovation consistent with the hearing system's commitment to a welfare-based approach. 'Fast track' cases were handled more quickly than others. After two years, however, the policy was discontinued, largely because of negative evidence about re-offending.
Source: Malcolm Hill et al., 'More haste, less speed? An evaluation of fast track policies to tackle persistent youth offending in Scotland', Youth Justice, Volume 7 Number 2
Links: Abstract
Date: 2007-Jul
An article examined the effectiveness of the Scottish model of youth justice. Labelling processes within agency working cultures served to recycle certain categories of children into the youth justice system, whereas other serious offenders escaped the tutelage of the formal system altogether. The deeper a child penetrated the formal system, the less likely they were to desist from offending.
Source: Lesley McAra and Susan McVie, 'Youth justice?', European Journal of Criminology, Volume 4 Number 3
Links: Abstract
Date: 2007-Jun
A new book provided a critical overview of social work with offenders in Scotland. Reducing re-offending required a much broader commitment to promoting and realizing justice in the community.
Source: Fergus McNeil and Bill Whyte, Reducing Reoffending: Social work with offenders in Scotland, Willan Publishing (01884 840337)
Links: Summary
Date: 2007-Apr
A report presented the findings of the 2-year evaluation of a pilot domestic abuse court in Glasgow. Compared to traditional courts, a number of improvements were evident in the process and practice of dealing with domestic abuse, and there was a high level of satisfaction among victims whose cases were heard in the pilot court.
Source: Reid Howie Associates, Evaluation of the Pilot Domestic Abuse Court, Scottish Executive (web publication only)
Date: 2007-Mar
The Scottish Parliament approved a Bill to end the existing system of automatic - and often unconditional - early release of offenders, and to ensure that offenders were subject to restrictions for their entire sentence.
Source: Custodial Sentences and Weapons (Scotland) Bill, Scottish Executive, available from Blackwell's Bookshop (0131 622 8283) | Debate 15 March 2007, columns 33321-33350, Scottish Parliament, TSO (0870 606 5566)
Links: MSP debate | Text of Bill | Explanatory notes | Policy memorandum | SE press release
Date: 2007-Mar
A study examined the impact and implementation of community warden schemes across Scotland. There was statistical, survey, and anecdotal evidence that wardens were making a positive difference where they operated.
Source: Keith Hayton et al., Evaluation of the Impact and Implementation of Community Wardens, Scottish Executive (web publication only)
Links: Report | SE press release
Date: 2007-Mar
An article examined the emergence of parenting orders in Scotland, which became available in April 2005. Scottish local authorities were sceptical of an approach they perceived as an ideological and legislative mix premised on punitive notions of individual responsibility and justice.
Source: Reece Walters, 'Punishing "poor parents": "respect", "responsibility" and parenting orders in Scotland', Youth Justice, Volume 7 Number 1
Links: Abstract
Date: 2007-Mar
The Scottish Parliament approved a Bill aimed at improving the management and operation of the lower (non-jury) courts.
Source: Criminal Proceedings etc (Reform) (Scotland) Bill, Scottish Executive, available from Blackwell's Bookshop (0131 622 8283)
Links: Text of Bill | Explanatory notes | SE press release | BBC report
Date: 2007-Jan
A report by a committee of MSPs said that substantial changes should be made to the Prostitution (Public Places) (Scotland) Bill. The committee called on the Scottish Executive to expand the offence of loitering to include private cars, saying this was crucial to address to the problem of kerb-crawling in residential areas. The Scottish Executive said that it would table an appropriate amendment.
Source: Stage 1 Report on the Prostitution (Public Places) (Scotland) Bill, 1st Report 2007, SP Paper 711, Scottish Parliament Local Government and Transport Committee, available from Blackwell's Bookshop (0131 622 8283) | Press release 17 January 2007, Scottish Executive (0131 556 8400)
Links: Report | SP press release | SE press release | BBC report (1) | BBC report (2) | Community Care report
Date: 2007-Jan
