FUNCTION OR POLICY | COMMITMENT
Actions we committed to in our Scheme and new commitments | OUTCOMES/ ACTIONS TAKEN
Work undertaken to date | FUTURE ACTION
Work underway or planned to address these challenges | DEADLINE/ TIMING | CONTACT
Lead unit working on this |
High Impact |
To reduce crime and fear of crime by funding of - and development of policy related to - police service in Scotland | In addition to ongoing focus on reducing crime and fear of crime, there is specific focus on race equality through Stephen Lawrence Group action plan for Scotland (produced by group chaired by Deputy First Minister). Responsibility at force level for fulfilling the general duty in the Act rests with forces. | - The Association of Chief Police Officers in Scotland (ACPOS) and CRE currently considering future partnership approach in delivering race equality outcomes following positive relationship that developed post the Lawrence Steering Group.
| - 1. A National target has been agreed for the Police to increase detection rates for racially aggravated crime by 5% by 2006.
- 2. Contribute as appropriate to work to be undertaken by forces to put in place recommendations of HMIC report "Pride and Prejudice".
- 3. National guidance on racist incident monitoring will be issued by Executive in 2004
| 1. End 2005-06 2. By timescales set for forces. 3.2004 | Police Division 1, Branch 3
x42142 |
Contribute to promoting the implementation of best value and performance improvement in the Police Service | National targets set to reduce road accidents, increase drug seizures, reduce housebreaking, reduce serious violent crime, increase detection of racist incidents, reduce car crime and reduce fear of crime. Justice Dept will monitor these targets Under the Local Government in Scotland Act police authorities have a duty to improve the way policing is delivered to their communities. Guidance to police authorities on implementing Best Value draws attention to the need to cover equal opportunities issues. | ACPOS published "Policing Priorities for Scotland 2003 to 2006" in March 2003. The first ACPOS annual report on best value was published in May 2003. | Associated action plans are being developed for publication in 2004 | Ongoing quarterly review of performance targets. 2004 | Police Division 1, Branch 1
x42143 |
Continue research and implementation work arising from Stephen Lawrence Steering Group action plan | Introduce system to record and publish police stop and search data; publish guidance on the reporting and monitoring of racist incidents; oversee feasibility study assessing viability of monitoring ethnicity within the criminal justice system. Responsibility at force level for fulfilling the general duty in the Act rests with forces. | The Executive is actively considering a number of issues in relation to the recording of information on ethnicity in different parts of the criminal justice system in Scotland. This will include consideration of the requirements for statistics on this topic, such as those that might feed into future editions of the Section 306 publication Costs, Sentencing Profiles and the Scottish Criminal Justice System. A collection of statistical information on racist incidents was introduced in January 2003; a summary of this information will be published once a full year's worth of data is available. | A nationally agreed policy on stop and search, has been developed by ACPOS and the Executive ACPOS are on course to deliver statistics on stop and search activity from 1 April. Some forces will introduce collection prior to that date. National guidance on racist incident monitoring is close to being finalised and will be issued by the Executive in the near future. | 2003-1 April 2004 | Police Division 1, Branch 3
x42149 |
Development of criminal justice policy (including sentencing) | General policy area with need to ensure that existing policy is non-discriminatory and new policy takes account of position of minority ethnic communities (see Proceeds of Crime Act below). | Legislation is equality proofed by Executive and Scottish Parliament | | Continuing | Criminal Justice Division |
Victims of Crime | The Executive's Victims' information leaflet is available in 6 minority ethnic languages. The Victims' Information website, which went online in August 2002, will also be made available in the main community and European languages. Victim Support Scotland also publishes its information in a range of minority languages. Victim Support Scotland local services training includes equality and diversity issues, as well as cultural awareness. Local Victim Support services often participate in multi-agency racial incident panels. | - The Scottish Strategy for Victims aims to improve the information and support that is available to all victims and their ability to participate in the criminal justice system.
- The next phase of the strategy was considered by the Victim Steering Group in October 2003. A framework for the next 3-4 years is being developed.. This includes standards for all the agencies in their dealings with victims, considering a greater focus on the needs of particular groups of victims, and taking forward the provisions in the Criminal Justice (Scotland) Act 2003.
- Victim Support Scotland's performance indicators for local victim services and the Witness Service include information about service users including their ethnic origin.
| - An independent evaluation will run alongside victim statement pilots and will include consideration of how the scheme was used by victims of racially motivated/aggravated crimes.
| The evaluation of victim statement pilots will be completed around early 2006. | Victims and Witnesses Unit Branch 2
x 45470 |
Support for Child and Vulnerable Witnesses | Committed to modernising the justice system to fully support victims and witnesses. We want to increase support and improve standards of treatment for vulnerable witnesses to help them participate in criminal, civil and children's hearing legal proceedings and give their best evidence. Some of our most vulnerable witnesses are children, and we will work to ensure that they are supported and protected at all stages of the legal process. | - Through implementation of the Vulnerable Witnesses Bill and of the recommendations of the Lord Advocate's Working Group on Child Witness Support we want to ensure that vulnerable and child witnesses from minority ethnic communities are treated with sensitivity and respect and that as a result their faith in the justice system is increased.
- In the Vulnerable Witnesses Bill provision has been made that a person's ethnicity or cultural background shall be taken into account by the court in determining their vulnerability as a witness. In the Supporting Child Witnesses Guidance Pack specific reference is made to the needs of children from minority ethnic communities.
| 1. Implementation of the Vulnerable Witnesses Bill will require guidance, training, advice and support that will need to be culturally competent. 2. Monitoring and evaluation of the legislation will need to take account of the impact of the policy on minority ethnic witnesses. 3. Continued roll-out of guidance on supporting child witnesses will take account of the needs of minority ethnic child witnesses. 4. Monitoring the effectiveness of the Witness Service will need to consider the impact on minority ethnic witnesses. | 1. 2004-06 2. Ongoing 3. 2004-05 4. Ongoing | Victims and Witnesses Unit Branch 3
x45652 |
Family law - marriage & divorce, child residence & contact, mediation, physical punishment of children | Major programme of legal reform preceded by extensive public consultation with wide range of groups and communities including minority ethnic communities. | Consultations on the recently enacted reforms to the law on physical punishment of children did not elicit any strong views on the risk of racial inequality in the application of the reforms. It did reveal that assumptions about the appropriateness of physical punishment might differ according to the ethnicity of parents; but variance by religious belief and socio-economic class was also detected. Consultations are now underway on civil partnerships for same sex couples: the risk of race inequality does not feature high in the responses to date. | | | Civil Law Division, Branch 2
x42025 |
Medium Impact |
Regulation of police service and advice on structure and operation of police service | Monitoring of recruitment policy, including numbers of officers from minority ethnic communities. Oversee feasibility study assessing viability of monitoring ethnicity within the criminal justice system. Responsibility at force level for fulfilling the general duty in the Act rests with forces. Possible further action may be needed in respect of police service but this would be encapsulated in ongoing review of Stephen Lawrence Group Action Plan or in other developments already in progress. | Recruitment and retention of minority ethnic staff in the Scottish Police Service has improved. . In March 2003 there were 100 police officers of black and minority ethnic background working within the Scottish Police Service. This represented a rise of 82% since the previous year. This follows a range of positive actions by Chief Constables, including targeted advertising, presentations and networking. Her Majesty's Inspectorate of Constabulary routinely examine the recruitment, retention and progress of minority ethnic staff within the Scottish Police Service as part of its primary inspection programmes. These issues were also considered as part of a thematic inspection of police race relations in Scotland, published in June 2003. In August 2003 the Minister for Justice's speech at the launch of the Supporting Minority Ethnic Police Staff for Equality in Race (Scotland) association, (SEMPER(S)) indicated that the Executive would support the newly formed association. | | Continuous review | Police Division 1, Branch 3
x42149 |
Advice on and implementation of new independent police complaints system | Introduce new police complaints system. We would also expect any new body to become subject to the general duty to promote race equality in the RR(A)A. Detailed implementation will be for any new public body to be established. | The Partnership Agreement, published on 15 May 2003 contains the Scottish Executive's commitment to the setting up of an independent Police Complaints Body within the lifetime of the current Scottish Parliament. | | By 2006 | Police Division 1, Branch 3
x42149 |
Advice and input relating to police powers and public safety generally | Legislation such as Criminal Justice (Scotland) Act, Police Reform Act 2002. Further legislation planned. Range of ongoing relevant initiatives - such as development of policy on cautions and restorative cautions and guidance for interviewing of child witnesses. | Guidance on restorative cautioning for under 16s. | Guidance planned for issue in Spring 2004 | Spring 2004 | Police and Civil Contingency Division , Common Police Services Team
x42847 |
Take forward and implement review of common police services | National Equal Opportunity Training in Scotland (NEOTS) arose out of the Stephen Lawrence Working Group. Has been developed by the Scottish Police College, one of the common police services under review, in partnership with forces and other agencies. Review underway will take account of the need to consult all sections of the community and will ensure that the new public bodies to be established are brought within the terms of this legislation. | Our policy and legislation is in line with the RR(A)A. Detailed implementation will be for the new public bodies to be established. | Review underway will take account of the need to consult all sections of the community and will ensure that the new public bodies to be established are brought within the terms of this legislation | Continuing | Police and Civil Contingencies Division, Common Police Services Team |
Reviews of High Courts and summary procedure | Criminal procedure has the potential to impact adversely on minority ethnic communities. CRE Scotland has been represented on the reference group for the High Court review and on the Committee reviewing summary procedure | The proposals referring to vulnerable witnesses in the White Paper 'Modernising Justice in Scotland; the Reform of the High court of Justiciary', though not targeted specifically at minority ethnic victims and witnesses, will be of practical assistance to many of them. The Criminal Procedure (Amendment) (Scotland) Bill was introduced on 7 October 2003. The new system to come into effect from April 2005. | | 2005 | Criminal Procedure Division, Branch 3
x42458 |
Cross-party working group on possible legislation to tackle religious hatred | The Working Group published its report and issued it for consultation. This finished in March 2003. Provisions on religious hatred enacted in Criminal Justice (Scotland) Act 2003 | We are currently considering the responses on the other recommendations in the report with a view to taking the work forward. | | 2003/2004 | Criminal Justice Division |
Addressing the rights of mentally incapacitated adults | Information materials on the Act are already available in minority ethnic languages. The Mental Welfare Commission has raised with the Department the issue of race inequality in the operation of the Adults with Incapacity (Scotland) Act 2000. The Department has commissioned research which will look broadly at the impact of recent legislation, including at impact across equality groupings. But evaluation of impact on racial and minority ethnic groups would require targeted primary research and data collection. The Department will therefore explore research and data issues with the Courts Service, to establish what is operationally and legally practicable in the context of their shared duty to promote race equality. | | The research is due to be published in September 2004. | September 2004 | Community Justice Services Division, Branch 2 x43514 |
Regulation of the providers of legal services | Access by minority ethnic students to law courses is not routinely monitored nor is uptake by minority ethnic students of employment as solicitors or advocates. There has been concern voiced about lack of ethnic diversity in these professions and amongst the judiciary. Research is due to report soon on ethnic diversity within the legal profession in Scotland which may provide a basis for further work. | The research Minority and Social Diveristy in Legal Education in Scotland was published in March 2003 . | | | |
Scottish Legal Aid Board (SLAB) | | The Scottish Legal Aid Board (SLAB) has: - Published its scheme on the SLAB website (November 2002) http://www.slab.org.uk/about_us/equality/ - Organised a programme of diversity training for all staff which will run through to February 2004; - Has been monitoring the ethnic background of all members of staff and job applicants and will undertake an equal pay review in 2004 on ethnic grounds; - required all contractors meet a requirement on race equality; - Included questions regarding the ethnic origin of applicants for civil legal aid in the application forms, enabling such information to be monitored; - Leaflets on legal aid can be provided in the recognised languages. | Future short-term plans for SLAB are to ensure fairness in terms of ethnicity in debt collection, access to Public Defence Solicitors' Offices services, audits of criminal solicitors, and promotion of race equality through the Quality Assurance scheme for civil legal aid. | | Access to Justice Division
x42698 |
Improve safety from fire and other emergencies | Ongoing focus on improving the fire safety with attention to specific groups using targeted education material at local brigade level. | SE fire safety publicity campaign launched in September 2003 under the "Don't Give Fire a Home" brand. Aimed at challenging fire safety complacency and encouraging personal action to improve fire prevention. | It is envisaged that this will be a long term campaign which will be further developed over the next reporting period. | Ongoing | Fire Services Division
x42170 |
Contribute to improving performance within the fire service | Monitoring of recruitment policy, including ethnic minorities. Education and learning inputs to service entrants | Brigade work on this issue was limited during 2002/3 due to the fire service industrial dispute. However, all brigades have published Race Equality Schemes. HM Fire Services Inspectorate signed a Memorandum of Understanding with the Commission for Racial Equality in Scotland in March 2003, outlining the roles and responsibilities in taking forward the race equality agenda. The Inspectorate continue to monitor ethnic minority representation in the Fire Service - there was a slight increase in representation in 2002/3, In October 2003, the Executive published its proposals for new legislation for the Fire Service. These include a commitment to incorporate diversity issues in a National Framework for the service to be set by Ministers. | Continued monitoring by HM Inspectorate of recruitment trends. A Fire Services Bill will be introduced in the Scottish Parliament by the end of June 2004 | To be included in the HMI Annual Report for 2003/04, likely to be published in early 2005 The passage of the Bill will be subject to the approval of the Parliament and will follow the normal Parliamentary timetable | HM Inspectorate of Fire Service
X48439 Fire Services Division
x42170 |
Advice on best practice on fire | Ongoing generation of advice through publication of best practice guidance and maintaining national discussion forum in support of local brigade initiatives. | The Scottish Fire Service Fairness and Diversity Forum significantly amended its Guidance Framework in March 2003. This sets out a framework of policies and practices designed to further support the development of equality and fairness to all workers in the Fire Service. | | | Chief and Assistant Chief Fire Officers Association
(CACFOA)
x42170 |
Low Impact |
Consultation on draft Code of Practice on cash searches under Proceeds of Crime Act 2002 | Draft code makes clear that the "reasonable suspicion" necessary for a search must be supported by factors other than personal ones such as race. Also a person must not be asked to remove anything other than an outer coat, jacket or gloves in public, ie searching officer cannot ask for the removal of headgear in public. | The code was published in December 2002. | | | |
Administration of the Judicial appointments system | Independent Judicial Appointments Board already invited to consider ways of encouraging applications from minority ethnic communities. | There has been cross-Executive work on improving diversity in public appointments headed up by the Public Appointments Unit [see FCSD Action Plan] | | Continuing | Courts Group, Judicial Appointments and Finance Division
229-9200 x6818 |
Extradition Casework | Awareness of requirement to provide translation/interpretation services where necessary. Ministers to take into account possible racial/religious discrimination in countries requesting extradition from Scotland of fugitive. | As this relates to continuing casework the issues identified continue to steer the provision of services required and to inform the decisions made by Ministers. | | Continuing | Criminal Procedure Division, Branch 1
x42404 |