Lord James Douglas-Hamilton

20 Sep 2002 · Written Question

To ask the Scottish Executive whether the Solicitor General is concerned that appeals in rape cases take an average of over a year to be heard and whether it will investigate urgently whether the courts are in need of more resources so that appeals can be pursued speedily.

Answer · Jim Wallace: The Solicitor General shares with all ministers a desire to ensure that the Appeal Courts operate as effectively as possible. I refer the member to my answer to question S1W-28835 on 13 September 2002, that describes steps being taken to help speed up the app…

20 Sep 2002 · Written Question

To ask the Scottish Executive whether following the comment made by the Deputy First Minister and Minister for Justice at the joint meeting of the Justice 1 and 2 Committees on 18 September 2002 (Official Report C 225), it now considers fingerprint evidence to be an "art form"; what the implications of such a view ar…

Answer · Richard Simpson: Evidence based on fingerprint identification involves the application of well established forensic techniques which are in use throughout the world.<P>Assessment of DNA profiles is grounded in established research in genetics and molecular biology and involve…

20 Sep 2002 · Written Question

To ask the Scottish Executive what the probability is that fingerprint evidence will be wrong expressed as a proportion of cases in which fingerprint evidence is used.

Answer · Richard Simpson: Fingerprint evidence is used successfully in a large number of criminal proceedings every year. Such evidence is rarely found by the court to be unreliable. There is no central record of any such cases. In every case, in which such evidence is used, the defen…

20 Sep 2002 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-28834 by Mrs Elish Angiolini on 13 September 2002, whether prosecuting authorities have attended bail hearings for people (a) charged with and (b) convicted of (i) serious assault, (ii) rape, (iii) culpable homicide and (iv) murder, and what percenta…

Answer · Elish Angiolini: Prosecutors are present in court at all applications for bail that follow immediately upon conviction. Prosecutors are also present in court in relation to all bail applications heard in the High Court, because these applications are dealt with each day in th…

13 Sep 2002 · Written Question

To ask the Scottish Executive whether the Scottish Prison Service constrains or plans to constrain the ability of serving prisoners to publish material relating to their crime.

Answer · Jim Wallace: I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:<P>Prisoners are prohibited from writing about their own crime or past offences or those of others, except where such writing consists of serious …

13 Sep 2002 · Written Question

To ask the Scottish Executive what the average length of time was for providing substantive answers to written parliamentary questions lodged in the period 1 to 12 September (a) 2001 and (b) 2002.

Answer · Patricia Ferguson: The average length of time for the provision of substantive answers to written parliamentary questions in the period 1 to 12 September in (a) 2001 was 19 calendar days. Of the questions lodged during period (b) and answered to date, the average time taken to …

13 Sep 2002 · Written Question

To ask the Scottish Executive how many accused persons have absconded while on bail in each of the last 10 years, broken down by category of charge.

Answer · Jim Wallace: The information requested is not held centrally.

2 Sep 2002 · Written Question

To ask the Scottish Executive what investigations into the operation of the justiciary the Deputy First Minister and Minister for Justice has recently instructed should be carried out.

Answer · Jim Wallace: It is not for ministers to conduct investigations into the operation of the independent judiciary. Ministers and the senior judiciary correspond and meet from time to time on issues of common concern.

2 Sep 2002 · Written Question

To ask the Scottish Executive how much in Scottish police resources, funding and time has been used to apprehend Richard Crawford after his absconding on bail.

Answer · Jim Wallace: Where an individual absconds on bail, Scottish forces will as a matter of course take steps to check whether that individual is in their area and, if so, to seek his/her apprehension. However, any resources expended as a consequence are a matter for individua…

2 Sep 2002 · Written Question

To ask the Scottish Executive whether it will detail the reasons for the judge's decision to release Richard Crawford on bail and whether the DNA evidence involved was a factor in the judge's decision.

Answer · Jim Wallace: I refer the member to the answer given to question S1W-28831.

2 Sep 2002 · Written Question

To ask the Scottish Executive what arrangements are in place to notify the victims and their families when a person (a) charged with and (b) convicted of (i) serious assault, (ii) rape, (iii) culpable homicide and (iv) murder is granted bail and what plans it has to issue guidance or directions on this issue.

Answer · Elish Angiolini: As part of the Crown Office and Procurator Fiscal Service Victim Information and Assistance arrangements (VIA), victims are notified by first class post, usually on the same day that the court grants bail. Where special conditions have been applied to the bai…

2 Sep 2002 · Written Question

To ask the Scottish Executive what arrangements the justiciary has in place to notify the police when a person (a) charged with and (b) convicted of (i) serious assault, (ii) rape, (iii) culpable homicide and (iv) murder is granted bail and what plans it has to issue guidance or directions to the justiciary on this i…

Answer · Jim Wallace: The Scottish Court Service (SCS) notify the police in those cases where bail is granted to an accused person and a further condition, or conditions, is imposed in addition to the standard conditions irrespective of the type of offence. The police are informed…

2 Sep 2002 · Written Question

To ask the Scottish Executive whether it is permissible for a judge to consider whether an appeal after a conviction for (a) serious assault, (b) rape, (c) culpable homicide and (d) murder could succeed when considering a bail application and what guidance or directions it has issued to the judiciary on this issue.

Answer · Jim Wallace: Decisions about the grant of bail and the factors they may or may not take into account in considering whether or not to grant bail are matters entirely for the judiciary.<P>As to the issue of guidance or directions to the judiciary, I would refer the member …

2 Sep 2002 · Written Question

To ask the Scottish Executive what guidance or directions it has issued to the judges and prosecutors in respect of the impact of the European Convention on Human Rights (ECHR) on bail applications, conditions and appeals.

Answer · Jim Wallace: On guidance and directions to judges, I would refer the member to the answer given to question S1W-28832 today. However, I understand that the Judicial Studies Committee provided comprehensive assistance to judges in their study of all aspects of the ECHR. <P…

2 Sep 2002 · Written Question

To ask the Scottish Executive how many and what percentage of crimes were committed by people on bail in each of the last ten years, broken down by crime.

Answer · Jim Wallace: The information available is given in the following table. Offenders convicted for offences committed while subject to a bail order issued prior to 1 April 1996 will, if the main part of the sentence related to the offence under the Bail (Scotland) Act 1980 o…

2 Sep 2002 · Written Question

To ask the Scottish Executive whether there is any backlog in the processing of appeals in respect of a (a) charge and (b) conviction for (i) serious assault, (ii) rape, (iii) culpable homicide and (iv) murder, and, if so, what this backlog is; what the average length of time is for an appeal to be considered in the H…

Answer · Jim Wallace: Information is not readily available in the form requested. However, I understand that 120 appeals against conviction under solemn procedure from both the High Court and Sheriff Court covering a wide range of seriousness<B> </B>await a hearing before the Cour…

2 Sep 2002 · Written Question

To ask the Scottish Executive whether it has been the practice of prosecuting authorities not to attend bail appeals for people (a) charged with and (b) convicted of (i) serious assault, (ii) rape, (iii) culpable homicide and (iv) murder on the grounds that they had no statutory right to do so.

Answer · Elish Angiolini: There has been no such practice.

2 Sep 2002 · Written Question

To ask the Scottish Executive what guidance or directions it has issued, or plans to issue, to prosecutors in respect of the consideration of bail applications from people (a) charged with and (b) convicted of (i) serious assault, (ii) rape, (iii) culpable homicide and (iv) murder.

Answer · Colin Boyd: Procurators Fiscal have detailed instructions on the decision whether to oppose bail applications from persons accused of criminal offences but not yet convicted. These take account of factors including the seriousness of the offence, the criminal record of t…

2 Sep 2002 · Written Question

To ask the Scottish Executive what plans it has to issue guidance or directions to judges comparable to that issued to judges in England and Wales that the time it takes for an appeal to be heard should not be a strong enough reason to grant bail.

Answer · Jim Wallace: The Executive does not give guidance or directions to the judiciary on judicial matters. In Scotland, judicial decisions on bail are governed by the relevant legislation and case law.

2 Sep 2002 · Written Question

To ask the Scottish Executive whether the reasons for refusing a bail application after an (a) charge of and (b) conviction for (i) serious assault, (ii) rape, (iii) culpable homicide and (iv) murder and the name of the judge who considered the application are recorded and, if so, where and when.

Answer · Jim Wallace: The judiciary is not required by law to give reasons for its decisions to grant or refuse to grant bail. In any event, applications for bail are not categorised by type of offence.<P>The identity of the judge who considered an application for bail is retained…

2 Sep 2002 · Written Question

To ask the Scottish Executive what the current average length of time is for an appeal against a conviction for (a) serious assault, (b) rape, (c) culpable homicide and (d) murder to be heard and what action it is taking to speed up this process.

Answer · Jim Wallace: The latest figures are as follows:<P>Average Duration of Appeals Against Conviction, by Main Offence, 2000<TABLE BORDER CELLSPACING=1 CELLPADDING=7 WIDTH=585><TR><TD WIDTH="27%" VALIGN="TOP"><P>Main Offence</TD><TD WIDTH="34%" VALIGN="TOP"><P>Number of Conclu…

2 Sep 2002 · Written Question

To ask the Scottish Executive how many people (a) charged with and (b) convicted of (i) serious assault, (ii) rape, (ii) culpable homicide and (iv) murder are currently out on bail.

Answer · Jim Wallace: Apart from the five persons who are currently on interim liberation pending an appeal against their conviction for murder, the number of people currently on bail for selected offences cannot be readily identified within the statistics available centrally. Inf…

2 Sep 2002 · Written Question

To ask the Scottish Executive how many persons convicted of (a) murder, (b) culpable homicide, (c) rape and (d) serious assault were released on bail in (i) 1998, (ii) 1999, (iii) 2000, (iv) 2001 and (v) 2002 to date.

Answer · Jim Wallace: The information available is given in the following table.<P>Persons Granted Bail Following the Lodging of Appeal Against Conviction for Selected Offences, 1998-2002<SUP>1,2,3</SUP><TABLE BORDER CELLSPACING=1 CELLPADDING=7 WIDTH=538><TR><TD WIDTH="47%" VALIGN…

2 Sep 2002 · Written Question

To ask the Scottish Executive how many persons convicted of murder are now on bail pending appeal against conviction.

Answer · Jim Wallace: The available information indicates that a total of five persons, including four whose cases have been referred to the Court of Appeal by the Scottish Criminal Cases Review Commission, are currently on interim liberation pending an appeal against their convic…

22 Aug 2002 · Written Question

To ask the Scottish Executive under what circumstances an accused person can be tried in absentia and whether it will list all cases where this has happened in each of the last 30 years, broken down by criminal and civil court.

Answer · Jim Wallace: In general, criminal trials in Scotland must be held in the presence of the accused. There are, however, certain exceptions to the general rule.<P>If during the course of his trial an accused person so misconducts himself that a proper trial cannot take place…

22 Aug 2002 · Written Question

To ask the Scottish Executive how many and what percentage of houses were sold under the (a) right to buy and (b) rent to mortgage schemes in each year since the schemes were introduced and how the figures compare with sales in England.

Answer · Margaret Curran: The numbers and percentages of local authority, new town and Scottish Homes/Scottish Special Housing Association dwellings sold each year under the statutory right to buy and rent to mortgage schemes in Scotland are shown in the following tables. Comparable d…

22 Aug 2002 · Written Question

To ask the Scottish Executive how many empty (a) public and (b) private sector houses there currently are in each local authority area and what short- and long-term plans it has to increase occupancy in these houses.

Answer · Margaret Curran: The Scottish Executive does not collect data on the number of empty properties in each local authority area. Ministers recognised that empty homes were a serious issue and the Empty Homes Initiative, which was introduced in 1997 and extended until March 2002,…

20 Aug 2002 · Written Question

To ask the Scottish Executive what recent discussions it has had with the Home Office and the Department of Transport on drug driving.

Answer · Lewis Macdonald: The Scottish Executive is in regular contact with the UK Government on a wide range of issues, including drug driving.

20 Aug 2002 · Written Question

To ask the Scottish Executive how many and what percentage of road accidents have been caused by drug driving in each of the last 10 years and how many and what percentage have resulted in (a) injury and (b) death.

Answer · Lewis Macdonald: Data about injury road accidents are collected by the police and reported to the Scottish Executive using the STATS 19 statistical report form. These returns cover only accidents in which one or more people were injured: they do not cover damage only accident…

20 Aug 2002 · Written Question

To ask the Scottish Executive what the role of the First Minister and Deputy First Minister and Minister for Justice is in the parole hearing system and before a decision on a prisoners parole application has been decided upon.

Answer · Jim Wallace: The Scottish ministers are responsible under the terms of The Parole Board (Scotland) Rules 2001 (the Rules), made under sections 20(4) and (4A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (as amended), for the referral of relevant cases to …