Angela Constance
Scottish National Party · Scotland
“Patients deserve better. There have been active campaigns by members across the chamber to represent the views of constituents in Lanarkshire, including by my colleagues Neil Gray and Fulton MacGregor. I fully appreciate the strength of feeling on the need for a new Monklands hospital.”
“Proceeding in that cost envelope would significantly limit our ability to invest in services and infrastructure across the wider NHS. I have carefully weighed the opportunity cost against our objective on improving public services. The current proposal also raises important questions about value for money.”
“For the wider system, it will reduce pressure on acute hospitals, allowing focus on those who need specialist care most. I can announce today that, as part of the programme, specifically for Lanarkshire, we will begin with a new general practitioner walk-in facility in Lanark—transforming an old shop front and a retail park in the town ce…”
“I am grateful for the opportunity to provide an update to members on NHS capital projects, specifically on the current position and next steps for the Monklands replacement project. I begin by being absolutely clear: the Government will deliver a new Monklands hospital. That commitment has not changed and it will not change.”
“During the election campaign, the Scottish National Party promised to increase use of the new refugee doctors project, which is meant to help medically trained refugees from Gaza and other places to get registered for work in the national health service.”
“Scotland welcomes refugee doctors and is committed to supporting them in overcoming barriers that prevent them from rebuilding their medical careers.”
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“Amendments 60 and 61 will expand the definition of “victim” to expressly include, first, those persons who have “suffered harm as a direct result of having seen, heard, or otherwise directly experienced the effects of” such conduct, or “harmful behaviour by a child”; secondly, those who are eligible to receive information under the victim notification scheme; and, thirdly, relatives who are prescribed for the purpose of receiving information through the victims code and standards of service under the Victims and Witnesses (Scotland) Act 2014. Amendment 8 was developed in relation to concerns that were raised by some of the criminal justice bodies.”
“On introduction, the bill defined “victim” broadly to avoid the risk of anyone being unintentionally excluded from interacting with the victims and witnesses commissioner, either as an individual or via engagement with a victim support organisation. We have revisited that to ensure an appropriate approach to what is meant by “victim”, following discussions with victims groups. Liam Kerr raised issues with the definition at stage 2. Although the changes that will be made by the amendments are not directly related, I know that we are all looking to ensure that the definition is appropriate.”
“Jamie Greene: I have no further comments to make. I press amendment 4. Amendment 4 agreed to. Amendment 5 moved—[Jamie Greene]—and agreed to. The Presiding Officer: Group 2 is entitled “Victims and Witnesses Commissioner: functions and definition of victim”. Amendment 59, in the name of the cabinet secretary, is grouped with amendments 8, 60 and 61. Angela Constance: I will deal first with amendments 59, 60 and 61, which provide a revised and broader definition of “victim” for the purposes of the work of the victims and witnesses commissioner. Amendment 59 will add a specific reference to the role of the commissioner in relation to the victim notification scheme in section 2 of the bill.”
“I am conscious that we have more than 160 amendments to get through today, so I will leave my thanks to everyone who has contributed to the bill until later in the proceedings. I am very pleased to have been able to work with Jamie Greene on the amendments in group 1. As he has outlined, they will establish a victims charter, which the victims and witnesses commissioner will prepare, publish, promote and lay before the Scottish Parliament. It is right that that duty will be on the victims and witnesses commissioner, whom the bill, if passed tomorrow, will establish as the person who has the role of raising awareness of and promoting the interests of victims and witnesses. I am pleased to support the amendments in the group. The Presiding Officer: I call Jamie Greene to wind up and to press or withdraw amendment 4.”
“It is crucial that we listen to the voices of young people who are law abiding who seek to get on with their lives and to attend school, but we must also reach out to those in our communities who have become marginalised. Young people’s voices are particularly important in all of that, as is work across Government, not least the investment in education which, of course, led to the excellent exam results that were published over the summer.”
“The minister could not name a single action—not one. Can the cabinet secretary help the victims minister by telling us whether any new actions from that summit have now been implemented and, if so, when they will result in those figures finally beginning to fall? Angela Constance: Any level of violence among young people, or by any citizens, is concerning. It is imperative that the Government continues investing in early intervention, and prevention is key to that. Following the summit, I advised the media and Parliament that the next phase of cashback for communities funding will increase from £20 million to £26 million. One of the additional actions that is being taken following the summit is the delivery of education roadshows on violence and weapons prevention, in targeted areas where levels of violence are high.”
“That is why we are investing £3 million in relation to retail crime, and we are seeing positive outcomes from that investment. Over and above our record investment in policing, there is investment in the violence prevention framework and in work to deliver the equally safe strategy to tackle abhorrent crimes against women. That work is, in essence, about prevention and providing support for victims and about changing men’s behaviour and underlying attitudes. Liam Kerr: It is important that the Government responds. Antisocial behaviour is up by 5 per cent and the use of offensive weapons is up by 13 per cent. In late July, I asked the Minister for Victims and Community Safety what actions have been implemented following the youth violence summit that the Government insisted was not yet another talking shop.”
“The president of the Association of Scottish Police Superintendents asked: “how bad does it have to get before we actually see some meaningful and credible steps to ensure policing is able to deal with these things”, and added, “What’s needed is actually a real credible response”. Does the cabinet secretary have a real and credible response that she can provide, or will she continue to hide behind decades of statistics? Angela Constance: It remains imperative to acknowledge that Scotland remains a safe place under this Government. However, where we are seeing changes in the types of offences, it is imperative that we respond to that. For example, if we take crimes of dishonesty, housebreaking figures have fallen, but shoplifting has increased significantly.”
“Scotland continues to be a safe place to live, with recorded crime falling by more than half since 1991. However, I am very concerned about those areas of crime in which there have been increases, particularly sexual violence and domestic abuse. Although I welcome the fact that some of the increase will be due to an increase in reporting and trust in the justice system, it is abhorrent that such crimes, which are mainly against women, are taking place. That is why, through the equally safe strategy, we are aiming to tackle and prevent such violence. This year, we are investing £4.2 billion across the justice system, including a record £1.64 billion for policing. Liam Kerr: The data actually shows that, in the year to June 2025, violent crime went up. Sexual crime is up, antisocial behaviour is up and shoplifting is up.”
“The next item of business is consideration of Parliamentary Bureau motion S6M-18102, on the designation of a lead committee. I ask Jamie Hepburn to move the motion on behalf of the Parliamentary Bureau. Motion moved, That the Parliament agrees that the Education, Children and Young People Committee be designated as the lead committee in consideration of the Children (Care, Care Experience and Services Planning) (Scotland) Bill at stage 1.—[Jamie Hepburn] The Presiding Officer: The question on the motion will be put at decision time. Decision Time 21:45”
“Angela Constance: In conclusion, there are decades of research that support what works with the reintegration of offenders when they return to their community. As I shared with the Criminal Justice Committee when I gave evidence to it, the recall rate is low, at 7 per cent, and any registered victim on the victim notification scheme will be informed if someone is to be released on home detention curfew. It is the case that all individuals will continue to be fully assessed. The SSI proposes changes to two out of the range of statutory criteria that must be met. This realignment of policy is in response to the previous changes that the Parliament made to the release of short-term prisoners. I encourage members to support the SSI. The Presiding Officer: The question on the motion will be put at decision time.”
“Decisions on HDC release are made by the SPS following careful consideration of each case, including evidence provided by justice social work and Police Scotland. I reassure members that the SSI does not alter any of the aspects of risk assessment in the HDC process. It does not alter any of the statutory exclusions in any shape or form. Liam Kerr: In the cabinet secretary’s own words, no research has been done on the impact of the change on victims. Last summer, only 2 per cent of victims were told about the early release. Given those facts, surely the right thing to do today is to take the plans back to the drawing board, do the research and carry out a proper consultation so that we can understand the impact on victims. The Presiding Officer: Please conclude, cabinet secretary.”
“Home detention curfew is a well-established part of our justice system that provides a structured and managed transition for individuals being released back into the community. Indeed, the legislation that home detention curfew is located in is the Prisoners and Criminal Proceedings (Scotland) Act 1993, which was introduced by a former Tory Government—I appreciate that that was in 1993, when I was at my work as a social worker and Mr Kerr was perhaps still at school. The evidence shows that managed reintegration is far more effective than unplanned releases. It is also important to put on the record that release on home detention curfew is underpinned by individualised risk assessment and includes clear licence conditions, including a curfew and electronic monitoring. There is no automatic right to home detention curfew.”
“I will confine my remarks tightly and strictly to the substance of the statutory instrument that is before us tonight. I thank the Parliament clerks and Criminal Justice Committee members for accommodating the scrutiny of this SSI with only the minimum period of 40 days. I trust that Parliament will support the proposals, which will allow completion of the SSI process before recess. That will ensure that the Scottish Prison Service, justice social work and partners have increased time to prepare for the proposed changes that will come into force on 20 October. The planned changes are a programme for Government commitment for 2024-25 that contribute to the efforts to effectively balance the use of custody and community alternatives while supporting a sustainable prison population.”
“It will develop capability through cyber and online training, ensuring that there is support and guidance for officers and staff. I encourage everyone to report suspicious sites to the NCSC using the reporting tool on its website, and I encourage anyone who believes that they have been a victim of crime to contact”
“I hear all too often from constituents about increasingly sophisticated scams that often originate on social media. What steps is the Scottish Government taking to protect the public from those types of crimes? Angela Constance: The Scottish Government, Police Scotland and the National Cyber Security Centre are working together to help to protect organisations from cybercriminals. They do so by identifying fraudulent websites, preventing phishing emails, blocking phone numbers and, ultimately, bringing those who are responsible to justice. Police Scotland has also established a cyber and fraud specialist division to enhance the response in Scotland, working with United Kingdom law enforcement and partner agencies.”
“The crime survey shows a substantial fall in violent and property crime since 2008-09, despite a 34 per cent increase since 2021-22. Levels also remain similar to the pre-pandemic position. We welcome the expansion of the survey to include people’s experiences of fraud and computer misuse. The first results show that one in 10 adults was the victim of those crimes in 2023-24, although most who lost money were reimbursed. We will continue to work with partners on the serious organised crime task force to raise awareness of the risks that exist and of how criminals try to defraud individuals and organisations. Clare Haughey: Fraud and computer misuse are estimated to account for more than two fifths of all crimes in the latest year, with almost half of those crimes involving bank and credit card fraud.”
“As I have said previously, the Scottish Prison Service is actively considering and engaged with what changes are needed following the judgment, while continuing to work to keep people safe and protect the rights of people living or working in custody.”
“Surely the cabinet secretary will wish to confirm to the Parliament that the default position should be to comply now with the law as it is. Angela Constance: I say again to the Parliament and to my colleague Annabelle Ewing that the Scottish Government has been crystal clear that we accept the Supreme Court judgment. As a public body, the Scottish Prison Service is required to comply with all relevant legislation including the Equality Act 2010; legislation that relates to the management of people in custody, such as the Prisons (Scotland) Act 1989 and the Prisons and Young Offenders Institutions (Scotland) Rules 2011; and the Human Rights Act 1998. Of course, all legislation, policy and practice should be consistent with the European convention on human rights.”
“I regularly meet Teresa Medhurst, the chief executive of the Scottish Prison Service. Like many public services, the Scottish Prison Service is currently reviewing all policies and practices in consideration of the impacts of the Supreme Court judgment. It is working at pace to ensure that any policies or practices that are impacted are brought into line with the outcome of the judgment and the Equality and Human Rights Commission’s revised code of practice, when that is published, to ensure compliance with the law. Annabelle Ewing: The UK Supreme Court judgment of 16 April 2025 had immediate legal effect. Unconscionably, in my view, and notwithstanding that, the Scottish Prison Service has not yet complied with the judgment. What assessment has been made as to the risk and the possible costs of legal challenge?”
“Angela Constance: Police Scotland has reviewed the decision-making process in and around the case involving police dog Zara, and it has done so in accordance with its policies. I am told that the inspector who carried out the review was not the person who made the decision to euthanise the dog. I appreciate the member’s interest in the matter, given the nature of the work that police dogs do, but I do not think that I can add any further light on the matter. I suggest that he pursues it with the chief constable. Douglas Ross: On a point of order, Presiding Officer. I apologise—I should have declared an interest. My wife is a serving police officer. Antisocial Behaviour in Motherwell and Wishaw (Off-road Vehicles) 4.”
“Originally, it defended its decision by saying that the outlook for the dog was so bad that she had to be put down. It refused to issue her notes, but they were uncovered by the Thin Blue Paw Foundation, which has stated that police dog Zara’s progress was “great” once she had recovered from surgery. There was then an independent investigation, which was led by the very inspector who took the decision to put the dog down. Does the cabinet secretary accept that that is completely wrong? Police Scotland has taken the wrong approach to the issue. It should release all the documents relating to the incident and hold a truly independent investigation, and a statement should be made by the chief constable, Jo Farrell, who has so far been silent on the issue.”
“As the member is aware, operational policing decisions are the responsibility of the chief constable, under the oversight of the Scottish Police Authority. However, when I discussed Police Scotland’s approach to animal welfare with the chief constable at one of our regular meetings on 27 February, she assured me that the welfare of police animals is of paramount importance, and that decisions that are taken on animal wellbeing and welfare are informed by the advice of veterinary professionals. I understand that Police Scotland is currently undertaking a review of its processes around decisions on situations of this nature. Douglas Ross: The circumstances around the decision to put down police dog Zara are bad enough, but the cover-up from the very top of Police Scotland is just as bad.”
“In the first instance, I will pursue global positioning system functionality, because that has benefits for managing problematic drinking due to the additional capabilities in relation to monitoring locations, including exclusion zones. However, alcohol monitoring tags absolutely have a role to play.”
“Moreover, Police Scotland, Victim Support Scotland, Community Justice Scotland and the Government’s own electronic monitoring working group have all backed the use of the technology. When will the Scottish Government acknowledge the conclusive evidence that the technology works, and when will it finally roll out alcohol tags? Angela Constance: I very much acknowledge the potential of alcohol monitoring tags, and the member is absolutely correct regarding the statistic that she quoted. The proportion of violent crime involving alcohol has reduced from 63 per cent to 35 per cent. Nonetheless, I will proceed with the priorities that I have already laid out to the Parliament.”
“We continue to develop the electronic monitoring service and are committed to expanding its use. We will continue to investigate the role that alcohol monitoring technology could play within the service. As part of that, we are considering how this technology might be used within our justice system, and its potential benefits. Liz Smith: The cabinet secretary will know full well that 35 per cent of violent crimes in 2023-24 were carried out under the influence of alcohol. Ministers have had the power to roll out alcohol tags since 2019 but, so far, they have not done so. In England and Wales, the use of alcohol tags has resulted in more than 97 per cent of offenders staying sober, and the reoffending rates have been cut by 33 per cent.”
“Angela Constance: The facts of the matter are that, in 2023-24, 71 per cent of community payback orders were completed and 78 per cent did not involve any breach. Nearly 30 per cent of CPOs that were revoked due to a breach resulted in a custodial sentence and another 30-plus per cent resulted in a new community payback order. As I said, CPOs can be enhanced and made more onerous for individuals. It is entirely right that people have to pay back to communities, as opposed to the taxpayer paying for a short-term sentence that, at the end of the day, is less effective. Monetary penalties can also be issued for those who have breached a CPO. The other penalties that are issued can include a drug treatment and testing order or even a restriction of liberty order.”
“It should be a source of embarrassment for the Government that so many criminals thought that they could get away with breaching the terms of their sentence. It is more embarrassing still that, in the majority of those cases, there were apparently no meaningful consequences. There is also a lack of transparency. More than 2,200 criminals were issued with other penalties, and more than 7,300 were issued with other outcomes, but the SNP Government does not state in its data what that means. Almost 2,000 were listed as “Outcome not known”. That is not good enough. If the Scottish Government is not serious about criminals completing their punishment, why should we expect offenders to respect their sentence?”
“It can involve someone being tagged or restricted to a curfew, and it can be combined with a restriction of liberty order or a restricted movement requirement. Ms Dowey has not indicated that, over the period in her question, which is 12 years, the 29,500 CPOs that were revoked due to a breach amounted to 16 per cent of the total number of CPOs, meaning that 184,424 community payback orders were completed or terminated. Sharon Dowey: I do not think that victims will be reassured by that response. The Scottish National Party has been clear that it wants more community payback orders and fewer people in prisons. We see that in its two-tier sentencing guidelines for under-25s, presumption against short sentences and early release of hundreds of prisoners.”
“It should follow that, when such an order is breached, criminals should be considered for a custodial sentence. Shockingly, however, only 26 per cent of CPO breaches led to a prison sentence in that period, while even more criminals simply got another community payback order right after breaching the first one. The very least that Scots expect is that criminals should carry out the sentence that they have been given, or face consequences if they do not, including going to prison. In response to that scandal, will the Government bring in tougher sanctions for criminals who violate community payback orders, and ensure that actions have consequences? Angela Constance: It is for the courts to decide what proper punishment is. A community payback order is a high-tariff community disposal. It is flexible and robust, and it can be enhanced.”
“Presiding Officer, 78 per cent of community payback orders that finished during 2023-24 did not involve any breach applications during the duration of the order. When a CPO is breached, it is up to the independent courts to decide the most appropriate outcome, based on all the circumstances of the case, and that might include the imposition of a custodial sentence. Community payback orders are a flexible and robust disposal, with a consistently lower reconviction rate compared with short prison sentences. That is why our budget for 2025-26 includes an additional £11 million in support for community justice services. Sharon Dowey: Community payback orders are frequently handed down as an alternative to custody, including in cases of violence and domestic abuse.”
“That guidance emphasises the need for early intervention and prevention and the importance of schools and families working together to promote positive relationships and behaviour.”
“Angela Constance: I, of course, appreciate Ms Stevenson’s constituency interest in this matter, and my thoughts remain with the loved ones of Kayden Moy. His tragic death highlights the very real risks involved in violent behaviour and the need to prevent it from happening in the first place. I reassure the member that partnership working is central to our response to children and young people. That has been the case since 2011, when we delivered the multi-agency whole-system response to preventing offending by children and young people, which brings together social work, police, health, education and other key partners. Also, we have this week published new guidance for schools on the consequences of and risk assessments for violent, aggressive and dangerous behaviour.”
“She will appreciate my constituency interest in the summit, given recent events that have affected East Kilbride. Much progress has been made in tackling crime in Scotland under this Government, but the behaviour of a small minority of young people seems to be changing for the worse, with constituents telling me about signs of worrying behaviour being overlooked. Will the cabinet secretary set out how the Scottish Government is working with partners to ensure that the education system, police, social work, youth workers and other relevant stakeholders can link up to get in early and prevent any signs of violent or antisocial behaviour from escalating? Could she also say what action is being taken to make young people safer, as well as the support that is available to parents and carers who are extremely worried?”
“Informed by the meeting held on 12 June and by what we already know is working, we are considering what more we can do to strengthen support for young people and communities. We have also announced an additional £6 million for the next phase of the cashback for communities programme, providing a total of up to £26 million over the next three years to support safe spaces, trusted adults and a range of positive diversionary and support activities for young people. Separately, we will publish a progress report on the implementation of the violence prevention framework for Scotland later this year, which will highlight action that we have taken with our partners over 2024-25. Collette Stevenson: I thank the cabinet secretary for that information.”
“As is widely understood and as has been discussed in the chamber, Police Scotland is undertaking a wider, holistic review of recording issues in relation to trans people.”
“Most importantly, can the cabinet secretary assure me and other members that safeguards will ensure that records are not misplaced in the system— which, as it stands, may be open to abuse, as we have seen through the story that was reported in the press? Angela Constance: To be crystal clear, there can be no separation of any individual— irrespective of their gender, sexual identity or how often they might change their name—from their criminal past. That is because, irrespective of the reason for any name change, knowing someone’s identity is absolutely critical. As has been narrated, there was a failure to disclose. Disclosure responsibilities are crucially important. The matter was rectified. I have been assured that it is not a reflection on data recording systems.”
“Campaigners have called for a review of Police Scotland and Crown Office policy following the story that emerged in the press at the weekend. Given that a name change allowed an individual to separate himself from his criminal past, there needs to be a further investigation into the processes that Police Scotland and the Crown Office followed. We should not have had to wait until the initial incident took place and was reported in the press. Record keeping is vital, especially in circumstances in which an individual changes—or can change—their name. Will the cabinet secretary commit to ending any practices by which a criminal can obscure their criminal record via a change of name or gender, to stop convicts hiding in plain sight before the authorities?”
“Angela Constance: As Police Scotland has clearly stated, that situation should not have happened. It is crucial to be very clear that a person’s gender identity, legal gender status or, indeed, name does not in any way prevent the disclosure of relevant criminal information. According to the information that I have received from Police Scotland, there was an error in one case and a failure to disclose, which was not a reflection on data recording systems. The information was there on the criminal history record. I hope that I have conveyed in the strongest possible terms the assurances that I have received from Police Scotland on what is a very important matter. Meghan Gallacher: My next question relates to the point about data.”
“We are talking about convicted criminals—some of them violent or sexual offenders—whose records could, at any point, be obscured through self-identification and a legal name change. The cabinet secretary needs to provide clarity—I am pleased that she did so in her response—because we cannot have further instances happening in the future. We need to ensure that victims, women’s groups and the wider public have faith in the justice system when the Government looks at such issues, because we need to know whether there have been instances of authorities having missed a person’s criminal record because they changed their gender. Is the cabinet secretary absolutely sure that that instance was an isolated one? Is she sure that we will not return to the chamber to hear of any more such instances in the future?”
“Let me be clear that a change of name does not, under any circumstances, alter a person’s criminal record. All criminal records are maintained in accordance with established retention and sharing protocols and remain fully accessible to the justice system— including for disclosure in court proceedings where appropriate. Police Scotland has acknowledged an error in one case, which was reported in the media, and it acknowledges that that should not have occurred. I have sought and received assurances from Police Scotland that that was an isolated incident that did not reflect broader issues in its recording practices. I have also asked Police Scotland to ensure that steps will be taken to review systems and procedures in the light of the reported case. Meghan Gallacher: This should not have happened in the first place.”
“That guidance is under review, and I understand that the review will end at the end of this month. Further to that, the Scottish Government has a Government-wide commitment to ensuring that our recording of sex and gender is in line with the very best statistical practice and the guidance that goes with that, and that it is fully compliant with the Supreme Court judgment. The Presiding Officer: We are now in the final minute that was allocated for this item of business, so I must insist that questions and responses are brief.”
“Angela Constance: In September 2024, the chief constable advised the Scottish Police Authority that “a man who commits rape or serious sexual assaults will be recorded by Police Scotland as a male.” I acknowledge and respect that Ms McNeill has long voiced her strong and clear views on the matter, including with regard to the importance of using biological sex for data accuracy, understanding patterns of offending behaviour and shaping public policy. I also concur that the transparency and accuracy of data is important. Police Scotland is responsible for its own guidance, which it is reviewing. It must, of course, ensure that it fully complies with the Supreme Court judgment and the Equalities and Human Rights Commission guidance, when that is published.”
“However, in a letter to me and in press reports, Police Scotland has since indicated that there is “no set policy” on how to record the sex and gender of individuals. I stand by what I said when I quoted that press report. It must be true, because there is clear confusion—that is why I wrote to Police Scotland. Police Scotland is undertaking a review of sex and gender data. Surely the cabinet secretary must have a discussion now with Police Scotland about how it is recording the sex of perpetrators of sexual crimes. There must be clarity for police officers on the front line. Does she agree that it is critical that the Government gives proper guidance to all public services?”
“The Chief Constable has been clear that our ongoing review of sex and gender will take into account all views, the legislation, guidance and legal advice.” I assure the member that, notwithstanding that these are operational matters, I discuss this matter in my engagement with the chief constable, and progress is being made. Pauline McNeill: I hope that the cabinet secretary agrees that, in relation to sexual offences, it is critical that the offender is recorded on the basis of their sex, because to do otherwise would distort the statistics. In September 2024, the chief constable stated that offenders in rape and other sexual offence cases would be recorded on the basis of biological sex—so, we are happy.”
“People are just feeling kind of coerced into doing it.” Given the press reports, is the cabinet secretary concerned about the apparent lack of clarity that is being experienced by officers on the front line about how to record the sex and gender of suspected serious sexual offenders? Angela Constance: I believe that there currently is clarity. Bearing in mind that this is an operational matter, I will provide the response that Police Scotland gave to the press reports. It said: “It is inaccurate and misleading to suggest a male accused of rape would be recorded as a woman. It is inaccurate and misleading to suggest female officers and members of staff are coerced into carrying out intimate searches on male prisoners.”
“There are reports in the press that there is widespread confusion and unease among staff about how suspects who identify as transgender are recorded in official systems. Many staff say that they have to record someone and, indeed, search them based on how they present, even if that is at the moment of arrest. It appears that there is no official guidance, so staff are left to navigate sensitive and legally significant decisions without clear guidance. A whistleblower said that that is “putting officers and staff in a situation where they are having to do things where no one knows where this decision is coming from, and there is not an actual policy.”
“Although decisions on how crime data are recorded are operational matters for Police Scotland, Police Scotland has been clear that it does not direct officers to record sex or gender in a way that breaches legal obligations. I also expect it to ensure that its practices are lawful and support accurate and consistent data collection. Police Scotland is already reviewing how it records and uses sex and gender data. That review was under way before the recent Supreme Court judgment, and Police Scotland will now take full account of the ruling when reaching its conclusions and making recommendations. Public bodies are also guided by advice from the office of the chief statistician, which encourages data collection based on user needs and context. Pauline McNeill: The position is far from clear.”
“Angela Constance: The legal route to placing under-18s in prisons or young offenders institutions was closed by this Parliament, so there is no legal route to send young people to prison. I hope that I can reassure Roz McCall by saying that the budget that this Parliament has passed includes additional resource of up to £8.5 million to support the placement of children who are sentenced or remanded. Investment in preventing children from coming into contact with the criminal justice system remains a priority, whether that is through the allocation of resources from cashback for communities or the whole family wellbeing fund.”
“That was confirmed by the First Minister’s answer to my colleague Russell Findlay on 22 May, when he reiterated that “It remains open to prosecutors to prosecute a young person if they have committed a serious offence.”—[Official Report, 22 May 2025; c 11.] Given the on-going capacity crisis in our secure accommodation system, to which the judicial system could be forced to send young offenders because there is simply nowhere else to put them, will the cabinet secretary give more clarity to both the Scottish Sentencing Council and this Parliament on the precise criteria for sending a young person to prison? How do they interact with the Scottish Government’s cast-iron commitment not to imprison anyone under the age of 18, as enshrined by law?”