The Scottish Government

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JUSTICE

To create safer and stronger communities

OBJECTIVES AND TARGETS

Spending Plans 2002-08

Table 1.01 Categories of spending (Level 2)

Notes:
1. Antisocial behaviour transferred to Justice from Communities during 2005-06.
2. Additional information about funding available to deliver youth justice measures through the Children's Hearings system is included in the Educational and Young People Chapter

Table 1.02 Categories of spending (Level 2 real terms)at 2005-06 prices

What the budget does

The Justice Department has responsibility for police, fire, community justice services, antisocial behaviour, criminal justice policy, civil law matters and administrative support to the Supreme and Sheriff Courts. The Scottish Prison Service, Scottish Court Service and the Accountant in Bankruptcy are Executive agencies of the portfolio.

We intend to continue to focus on tackling antisocial behaviour, reducing crime, particularly violent and drug-related crime and reducing re-offending. We will deal swiftly and effectively with those who commit crime and secure a criminal justice system that reduces the risk of harm to the public and fully supports victims and witnesses. We will continue to modernise the law and legal system to make it fairer and faster. We are committed to ensuring that we work to grow the economy, to promote equality and close the opportunity gap and to ensure that our activities are sustainable.

Statement of priorities

In 2006-07 and 2007-08, we will:

• make available an additional £56/109m for the police service in Scotland, to cover pay and pension increases, to allow for additional recruitment to offset a peak in officer retirements around 2009-2010, to maintain record levels of police officers, and to provide additional counter-terrorism measures;

• provide the Scottish Prison Service with an additional £75/106m for two new prisons, further modernisation of the prisons estate and delivering 500 additional prisoner places to tackle overcrowding and 'slopping out';

• allocate a further £10/16.5m for legal aid, ensuring appropriate access to justice;

• invest in measures to help re-integrate prisoners at the end of their sentence while safeguarding the community;

• invest resources to support reform of the Criminal Justice service, in particular to ensure that services for sentenced offenders are integrated and that community sentences are effective. Resources will also be invested in court reform. The primary objective is increased public safety, along with a reduction in re-offending, and a speedier and more efficient court system;

• make available £5/6m to allow the sheriff courts to be able to deal with increasing numbers of cases, especially solemn cases, and to support innovative drug and youth courts;

• allocate a further £6/15m for pay, pension and necessary modernisation costs in the fire service;

• invest a further £1/1m to enhance the fire service's response in Scotland to the increased threat from global terrorism;

• provide a further £1/2m for judicial pay and to increase the judicial complement;

• establish a Human Rights Commission in Scotland (£1/1m);

• ensure all young offenders get a 'right place, right time' intervention that tackles offending behaviour and reduces by 10 per cent the number of persistent offenders across Scotland;

• roll forward and continue investment in the Youth Crime Prevention Fund and Intensive Support Fund until 2007-08;

• build stronger and safer communities by investing £33/34m to tackle antisocial behaviour; and

• assist continued improvement of support for victims and witnesses to ensure that they receive services that respond to individual needs (£5.8/6m).

New resources and transfers

Amongst other minor changes, our spending plans include the following change made since the publication of Draft Budget 2005-06: increase of £1.777/33.365/34.180m arising from the transfer of responsibility for antisocial behaviour from Communities.

Growing the Economy

Justice (including Youth Crime and Prosecution) objectives and commitments, as set out in the Partnership Agreement, make an important contribution to creating the necessary climate and confidence for a stable and growing economy. The Justice budget supports the civil justice system which is essential to an economy in which enterprise can flourish. The Police and other law enforcement and criminal justice agencies, which receive much of their funding through the Department, also contribute directly to this goal.

Justice will contribute to the Executive's top priority of Growing the Economy by:

• reducing crime rates;

• creating a Safer Scotland which is more attractive and more conducive to business success;

• through bankruptcy reform, we aim to encourage more entrepreneurial activity by reducing barriers to personal and business re-start wherever appropriate; and

• facilitating the efficient and effective despatch of civil business and debt enforcement.

Closing the Opportunity Gap/Promoting Equality

Closing the Opportunity Gap

Our commitment to closing the opportunity gap will be achieved:

• through reducing crime and re-offending we aim to improve the life chances of offenders, their families and their communities. A fund of £6/12m has been created to support the modernisation and reform of the criminal justice service, including reducing re-offending;

• one purpose for which these funds will be used will be to strengthen the partnership between the agencies involved in managing offenders;

• we will ensure that services for victims of crime are targeted at the individuals and communities that are most in need. Our funding for Victim Support Scotland will enable it to undertake more targeted service delivery during 2006-07 and 2007-08;

• through increasing access to the debt arrangement scheme we aim to help more disadvantaged people manage their money and get out of multiple debt; and

• by ensuring access is available to civil legal aid and advice and assistance, for those unable to pay.

Promoting Equality

We will promote equality by:

working with the police service to use the Commission for Racial Equality Review of Policing and Race Relations as a basis for further improving practices for tackling discrimination and promoting good race relations, and continuing to contribute to the work resulting form the Action Plan on Race Equality;

taking forward the Action Plan on Tackling Sectarianism;

• taking into account any motivation for an offence which is based on religious or racial prejudice and stating any extra element of the sentence given for the aggravation;

• looking at ways of combating crime motivated by prejudice against minority groups (such as people with disabilities and members of the lesbian, gay, bi-sexual and transgender communities), focussing on improvements to the criminal justice system, while also increasing confidence in the justice system amongst minority groups by tackling race and hate crime;

• aiming to support vulnerable witnesses to enable them to give the best evidence they can in court through the Vulnerable Witnesses (Scotland) Act 2004, which has been 'equality proofed'; and

• delivering a Court estate fit for purpose and one that responds to the diverse needs of court users including those with special needs as reflected in our Disability Discrimination Act and Vulnerable Witness programmes.

Sustainable Development

Sustainable development will be enhanced by:

• fire vehicles contributing to reduced exhaust emissions by moving to diesel or LPG;

• ensuring that throughout the Justice programme all areas making greater use of environmentally friendly products and services;

• the Scottish Court Service ( SCS) ensuring that all buildings are designed to the highest standards of environmental performance;

• the SCS implementing a new sustainability policy which will tackle buildings, energy, procurement, transport, recycling and development; and

• Scottish Prison Service operating a waste management contract to ensure that not only is waste properly disposed of but that current practices are regularly examined to seek improvements which includes recycling of waste.

CRIMINAL INJURIES COMPENSATION

Spending Plans 2002-08

Table 1.03 More detailed categories of spending (Level 3)

What the budget does

The Criminal Injuries Compensation Scheme provides compensation for personal injuries attributable to crimes of violence. The demand led scheme is administered by two cross-border public authorities: the Criminal Injuries Compensation Authority ( CICA) and the Criminal Injuries Compensation Appeals Panel ( CICAP). This programme funds the Scottish Executive contribution to the scheme which is determined by a Service Level Agreement with the Home Office. The current Scottish contribution is 11%.

In 2006-07, CICA will aim to:

• issue a first decision on 90% of applications within twelve months of receipt;

• issue a decision on review cases within six weeks of completing the necessary enquiries; and

• pay awards of compensation within 28 days of receiving the acceptance form.

In 2006-07, CICAP will focus its resources on determining:

• the eligibility in 90% of cases within six months of receiving hearing papers from Presenting Officers Unit;

• 80% of all appeals within twelve months of receipt of this bundle;

• 100% of all appeals within two years; and

• resolving six cases per hearings day.

COMMUNITY JUSTICE SERVICES

Spending Plans 2002-08

Table 1.04 More detailed categories of spending (Level 3)

What the budget does

Spending in this area funds the system of community-based supervision of offenders provided by local authority criminal justice social work services, including:

• community service;

• probation;

• Drug Treatment and Testing Orders and a range of initiatives aimed at tackling drug-related crime;

• post-release supervision;

• supervised attendance orders;

• bail information and supervision schemes;

• diversion from prosecution;

• court services;

• offender accommodation; and

• social enquiry reports.

This programme also provides funding for:

• Restriction of Liberty Order (electronic tagging ) across Scotland;

• piloting of Drug and Youth Courts;

• provision of specialist programmes to support work undertaken with specific groups e.g. sex offenders, women offenders, etc within the community;

• implementation of the Scottish Strategy for Victims;

• implementation of the Vulnerable Witnesses Act and the vulnerable witness officer pilots;

• Victim Support Scotland (for headquarter costs and for local victim support services); and

• the roll-out of the Witness Service across Scotland.

In 2006-07, we will focus our resources on:

• continuing to improve the range and quality of the community sentences available to the courts, including achievement of national coverage of Drug Treatment and Testing Orders;

• supporting initiatives to tackle the problems of youth crime, drug-related crime and women offenders;

• improving the arrangements for the community supervision of prisoners on their release; and

• improving the support to victims and witnesses.

FIRE CENTRAL GOVERNMENT

Spending Plans 2002-08

Table 1.05 More detailed categories of spending (Level 3)

What the budget does

The main element of spending on this programme is the provision of training for fire service personnel.

The spending shown above buys:

• progression and specialist training from the Fire Service College in England; and

• delivery and development of foundation and other training, particularly the Integrated Personal Development System ( IPDS) for Scottish Fire and Rescue Services and the maintenance of training facilities at the Scottish Fire Services College ( SFSC).

In 2006-07, we will focus our resources on:

• continuing to meet the training needs of the fire service; and

• work with brigades to promote Community Fire Safety through the production of CFS literature and related materials.

LEGAL AID

Spending Plans 2002-08

Table 1.06 More detailed categories of spending (Level 3)

What the budget does

The Scottish Legal Aid Board (a Non-Departmental Public Body that derives its general powers and functions from the Legal Aid (Scotland) Act 1986) administers legal aid in Scotland. The Board has responsibility for the granting of legal aid in all cases, except solemn criminal cases for which the courts decide, some children's legal aid, and advice and assistance which is granted by solicitors. The Board also has responsibility for the settlement of all accounts.

In 2006-07, we will focus our resources on continuing to modernise the legal aid system, in the context of better co-ordination of the provision of all forms of publicly-funded legal and related advice.

MISCELLANEOUS

Spending Plans 2002-08

Table 1.07 More detailed categories of spending (Level 3)

What the budget does

This budget promotes central and local government preparations for emergencies of any kind, taking account of the new emphasis on contingency planning against known threats. This programme also covers a wide range of smaller justice related spending areas such as Residential Accommodation for Children, Parole Board for Scotland, Scottish Prisons Complaints Commission, Scottish Criminal Cases Review Commission and the Risk Management Authority.

In 2006-07, we will focus our resources on:

• supporting local responders as they refine and exercise multi-agency emergency response and communication protocols in line with the principles underpinning the Civil Contingencies Bill;

• developing capabilities across Scotland to respond to and recover from incidents involving the contamination of people, infrastructure or the environment; and

• covering the costs for children who are ordered to be detained in secure accommodation by the courts under sections 205(2) and 208 of the Criminal Procedure (Scotland) Act 1995.

SCOTTISH PRISON SERVICE

Spending Plans 2002-08

Table 1.08 More detailed categories of spending (Level 3)

Notes:
1. Consists of staffing and other prison running costs (which include maintenance, rent and rates, telecommunications etc)
2. Covers prisoner related costs such as medical/dental services, food, clothing, bedding etc. and industries related costs such as workshop materials and prisoner earnings.

What the budget does

The Scottish Prison Service ( SPS) was set up as an Executive Agency in April 1993. SPS is funded by the Scottish Executive Justice Department and is answerable to the Minister for Justice.

In 2006-07, SPS will focus its resources on making Scotland a safer place by:

• holding securely and in good order the prisoners sent by the courts, with numbers projected to rise;

• providing care and opportunities for prisoners in pursuit of SPS's mission to achieve correctional excellence through its own work and through its partnership with other agencies;

• investing to create an estate fit for purpose, with further progress to remove slopping out, redevelop existing prisons and secure new prisons;

• improving quality and standards of delivery, through further development of service level agreements for prisons;

• reducing costs to provide better value for taxpayers' money and to make public sector costs competitive; and

• working in partnership with SPS trades unions to enhance the professionalism of staff.

SCOTTISH COURT SERVICE

Spending Plans 2002-08

Table 1.09 More detailed categories of spending (Level 3)

What the budget does

Scottish Court Service ( SCS) provides the staff, accommodation and administrative infrastructure for the Court of Session, High Court of Justiciary and the 49 Sheriff Courts across Scotland. It also operates the Office of the Public Guardian, and Office of the Accountant of Court.

The budget for the SCS covers the running costs of operating these courts, excluding judicial salaries. A major part of the budget is devoted to maintaining and improving the court estate that includes many listed buildings.

In 2006-07, we will focus our resources on:

• improving service delivery in the courts and support services by seeking further Chartermark accreditation and through the application of systems thinking both within the agency and with other partners in the justice system;

• planning for the implementation of proposals in the Summary Justice Review;

• delivering an estate fit for purpose and one that responds to the diverse needs of court users including those with special needs as reflected in our Disability Discrimination Act and Vulnerable Witness programmes;

• redevelopment of Dumbarton Sheriff Court and Parliament House, Edinburgh; and

• supporting the Youth Court and Drug Court pilots.

COURTS GROUP

Spending Plans 2002-08

Table 1.10 More detailed categories of spending (Level 3)

Notes:
1. This spending provides for the Justice Department contribution to the superannuation costs of the judiciary, for the fees to part-time judiciary, for the running costs of a number of small departments and other judicial expenses (training and travel etc).
2. This is non-voted spending which is met from the Scottish Consolidated Fund but is also part of the Departmental spending limit.

What the budget does

The Courts Group has overall responsibility for financing the cost of the Judiciary.

In 2006-07, we will focus our resources on:

• tackling the backlog of work in the Appeal Court by targeting resources.

ACCOUNTANT IN BANKRUPTCY

Spending Plans 2002-08

Table 1.11 More detailed categories of spending (Level 3)

What the budget does

The Agency supervises the process of personal insolvency in Scotland, investigates complaints against trustees in bankruptcy and acts as trustee in bankruptcy when appointed by the court. Functions under the Debt Arrangement and Attachment (Scotland) Act to act as the Debt Arrangement Scheme administrator for the debt arrangement scheme were delegated to the Agency in November 2004. This includes approving money advisers, payment distributors and debtors' debt payment programmes.

In 2006-07, we will focus our resources on:

• consolidating our operation following the relocation of the Agency in Ayrshire;

• further improving our frontline services to customers and stakeholders, including enabling online access; and

• re-engineering our processes and training staff in readiness to deliver the planned bankruptcy reforms.

POLICE CENTRAL GOVERNMENT

Spending Plans 2002-08

Table 1.12 More detailed categories of spending (Level 3)

What the budget does

General spending by police forces is met through the local authority settlement. This programme covers spending on:

• Scottish Police College;

• Scottish Criminal Record Office;

• Scottish Drug Enforcement Agency;

• Scottish Police Information Strategy;

• support for specific services and the staff and support costs of the Scottish Police Federation, Association of Chief Police Officers in Scotland and Association of Scottish Police Superintendents;

• other specific payments to police authorities, including for various security measures; and

• miscellaneous expenditure, including payments to the Home Office for services provided on a GB basis (e.g. Police Information Technology Organisation and National Criminal Intelligence Service).

In 2006-07 and 2007-08, we will focus our resources on improving the technology and resources available to the police, for example through supporting the provision of new forensic laboratory facilities.

REDUCING RE-OFFENDING AND COURT REFORM

Spending Plans 2002-08

Table 1.13 More detailed categories of spending (Level 3)

What the budget does

Our plans to reduce re-offending are a key component in our long term criminal justice strategy. The funding secured in the Spending Review for reform of the Criminal Justice system will allow us to invest now to secure significant savings in the long term, and benefits for our communities.

We will create a fund to support reform of the Criminal Justice system - how we best manage sentenced offenders and how we build and deliver effective community sentences and reform the courts. Objectives are a significant reduction in re-offending, and a more efficient, speedy court system. Among the purposes for which we intend to use this fund are supporting the proposals in the Management of Offenders (Scotland) Etc Bill for new Community Justice Authorities and the creation of new area plans for offender management. Money will also be made available to ensure that our proposed reforms to the summary justice system (set out in 'Smarter Justice, Safer Communities - Summary Justice Reform, Next Steps') are realised, leading to faster and more efficient handling of less serious cases. These developments demonstrate that we are tackling the causes of offending and re-offending at all stages of the system.

ANTISOCIAL BEHAVIOUR

Spending Plans 2002-08

Table 1.14 More detailed categories of spending (Level 3)

What the budget does

This budget provides resources to Community Planning Partners, through local authorities, to tackle antisocial behaviour.

In 2006-07, we will:

• continue to provide financial support for action by agencies at local level to deal more effectively with antisocial behaviour and its consequences; and

• support practitioners in using the new legal measures introduced by the Antisocial Behaviour Etc. (Scotland) Act 2004 and promoting best practice through 'demonstration models'.

JUSTICE SUPPORT TO LOCAL AUTHORITIES

Spending Plans 2002-08

Table 1.15 More detailed categories of spending (Level 3)

Note:
1. As from 1 April 2005, Civil Defence grant ceases to be a ring-fenced Local Authority grant, and the funding is transferred to Police Central Government Level 2.

What the budget does

The statutory functions of the police service set out in Section 17 (1) of the Police (Scotland) Act 1967 are:

• to prevent the commission of offences, to preserve order and to protect life and property;

• where an offence has been committed, to take all such lawful measures and make such reports to the appropriate prosecutor, as may be necessary for the purpose of bringing the offenders with all due speed to justice; and

• to serve and execute any warrant, citation, deliverance or process relating to any criminal proceeding and to attend any court of law for the purpose of giving evidence.

Responsibility for the police service in Scotland is shared among the police authorities, the Chief Constables and the Scottish Executive.

• The police authority appoints the most senior officers in the force, sets the budget and provides the Chief Constable with the resources necessary to police the area adequately and efficiently;

• The Chief Constable alone is responsible for police operations, deploying officers and other resources across the area at his/her discretion;

• The Scottish Executive has policy responsibility for law and order in Scotland and has powers to make regulations on terms and conditions of service of police officers and on certain duties of constables; and

• The Executive also has responsibility for paying police grant (which is paid at the rate of 51% of spending by police authorities and joint police boards for police purposes).

In 2006-07 and 2007-08, we will focus our resources on increasing the number of police officers on operational duty, including helping Chief Constables to meet their target to increase the number of special constables. In addition, we will continue to promote the effective use of resources by supporting police authorities and forces in taking forward a co-ordinated approach to Best Value and by implementing the outcome of an ongoing review of common police services.

POLICE LOCAL AUTHORITY CAPITAL

Spending Plans 2002-08

Table 1.16 More detailed categories of spending (Level 3)

What the budget does

In 2002-03 and 2003-04, the figures represent Section 94 consents for police buildings and equipment. From 2004-05, the provision is in the form of cash grants to police authorities which police authorities are able to supplement from their recurrent resources or by additional borrowing - provided that they can budget for the repayments.

In 2005-06, resources will be focused largely on the purchase of equipment for the new Airwave digital radio system and on progressing a number of major projects for the modernisation of call-handling and command-and-control systems within forces. In 2006-07 and 2007-08, there is a need to focus back on routine improvements in buildings and equipment across the police estate.

FIRE LOCAL AUTHORITY CAPITAL

Spending Plans 2002-08

Table 1.17 More detailed categories of spending (Level 3)

What the budget does

In 2002-03 and 2003-04, the figures represent Section 94 consents for fire buildings and equipment. From 2004-05, the provision will be in the form of cash grants to fire authorities. The fire service allocation is distributed mainly on the basis of a formula. A proportion is set aside to increase the formula-based allocations for authorities undertaking major projects or for projects directed centrally for the benefit of all brigades in Scotland. Apart from the projects for which such support is given, authorities are free to decide their own priorities.

OTHER JUSTICE RELATED LOCAL AUTHORITY FUNDING

Spending Plans 2002-08

Table 1.18 More detailed categories of spending (Level 3)

What the budget does

The Justice Grant Aided Expenditure ( GAE) figures relate to the level of local authority net revenue expenditure on these services that the Executive is supporting through grant. GAEs are not budgets but more a basis for the distribution of grant through Aggregate External Finance ( AEF). Local authorities are, however, free to allocate their available resources to each service, including Justice-related services, on the basis of local need. The figures in this table are included in the GAE summary table (Table 10.04) contained within the Finance and Public Service Reform chapter of this document.

POLICE LOAN CHARGES

Spending Plans 2002-08

Table 1.19 More detailed categories of spending (Level 3)

What the budget does

In 2002-03 and 2003-04, consent was given to the eight police authorities to borrow up to a specified amount for their police capital programmes.

From 2004-05, the provision is in the form of cash grants to police authorities which police authorities are able to supplement from their recurrent resources or by additional borrowing - provided that they can budget for the repayments.

Loan charge provision to police authorities will not therefore apply to any other new capital spend from 2004-05 onwards, although support for historic debt will continue to be provided by loan charges which are eligible for police grant, but outside capping, for which we pay 51%.

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