The Justice Department has responsibility for police, fire, community justice services, antisocial behaviour and community safety, drugs policy, 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, reducing re-offending and ensuring the police are able to meet the threat posed by terrorism. 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.
The Justice Department aims to secure a justice system in which men and women are and feel fairly treated in accordance with their needs, whether as victims, witnesses, accused persons, offenders, parties to civil law disputes and employees or office holders of justice services.
We recognise that gender equality issues are often key to trying to understand the experiences and needs of those people who are either the victims or perpetrators of crime in our society and issues around the representation of women and men among providers of justice services.
The Scottish Executive has pushed forward a number of initiatives in the areas of crime and justice that have a gender equality dimension. However, we do have further work to do in terms of tackling the gender issues that mean that, disproportionately, men make up the vast majority of our prison population, are the vast majority of problem substance misusers and the vast majority of victims of violent crime, particularly homicide (in 2004-2005, 80% of homicide victims were men). Men are disproportionately represented in our justice system and our prisons (in 2005-06 males accounted for 95% of the total prison population).
Similarly, we know that, because our prisons predominantly cater for the men who make up the majority of the prison population, that the needs of women need to be taken into account to ensure that they are not unfairly or inappropriately treated. . And while, as noted above most victims of homicide are men, female victims of homicide are more likely to have been killed by a partner or ex-partner. (For homicides recorded in the last ten years, 52% of the female victims aged between 16 and 69 were killed by their partner. For male victims aged 16 to 69, only 6% were killed by their partner, and a further 4% by a relative.)
But the Justice system covers more than what happens in our prisons: women continue to be underrepresented amongst our police officers (though the numbers of women have been increasing at a significantly higher rate over the past sixyears). Women are underrepresented as judges, as sheriffs, as advocates and as partners in firms of solicitors, though women are now entering the legal profession in greater numbers than they ever before.
Our objectives are set out in the Action Plan, but we have highlighted a number of issues as part of our statement below.
We are committed to improving the way the criminal justice system deals with women who offend. The number of women in prison continues to increase and the National Strategy for the management of offenders identifies women as a priority group of offenders for the work of Community Justice Authorities in reducing reoffending. Better links are being created between work done with women sentenced to community and custodial sentences and an award winning project in Tayside is developing a more integrated approach to helping women resettle back into their communities when they are released. The Throughcare Addictions Service also recognises the special needs of women ex-prisoners in accessing drug treatment services in the community and a women's offending programme will shortly be piloted in both the prison and community settings. The new Custodial Sentences and Weapons Bill will extend the level of support available for women serving short prison sentences when they are released.
There have been a number of studies on the profiles of and background of women offenders and these studies have told us that many women offenders have experienced chaotic and unsupportive circumstances. Many of them have children, they have accommodation problems, many have mental health problems and have serious problems with alcohol and drug misuse. We know that because the criminal justice system deals, predominantly, with men, that the particular needs and experiences of women need to be addressed.
One of the Executive's key objectives is to help women offenders address the problems that make them offend in the first place. This will help prevent the offending/ punishment cycle before it even begins.
We will continue to provide funding bail information and supervision schemes across the country so that women need not be remanded to custody.
We will continue to provide a bail retrieval system for Cornton Vale which provides a second chance for a woman remanded in custody to be released on bail under supervision.
We will ensure that female offenders continue to be one of the key target groups for Diversion from Prosecution schemes. Such schemes divert individuals into social work services to address offending behaviour and chaotic lifestyles where prosecution would not be in the public interest. We recognize that many women commit only minor offences and will be dealt with through such schemes.
We will continue to combat the problem of female fine defaulters being sent to custody by taking a power in the Criminal Justice (Scotland) Act 2003 that will mean fine defaulters will have to be put on a Supervised Attendance Order rather than being sent to custody ( we are piloting this in two courts initially).
We will continue to support, in conjunction with our partner agencies the "Time Out" Centre based in Glasgow: it combines a residential unit and day centre for women in the criminal justice system.
In addition to these initiatives the Executive is currently undertaking work to develop and accredit specialised community programmes for Female Offenders. The belief is that programmes designed and tailored especially for women offenders will have a much greater impact and effect on female offenders than the more generic standard programmes currently available.
Being part of the strategy for tackling violence against women and domestic violence is also a key objective for the Justice Department and in this regard, we work in partnership with the Development Department that takes forward much of the work on VAW.
The Scottish Executive is committed to taking whatever steps necessary to raise awareness about domestic abuse, to improve information about scale and nature of the problem and ensure that women and their children get the protection and support they need. Specifically we are committed to the implementation of the Action Plan in the National Strategy to Address Domestic Abuse in Scotland.
The Executive is also committed to building on the domestic abuse strategy to make links between the forms of violence that women experience and develop a strategic approach to violence against women. The Justice Department will have a an important role in taking forward this work. For example, the Executive considers street prostitution to be forms of abuse of women and efforts to eradicate it should be seen in the context of our broader policies of tackling violence against women.
The Executive brought forward the Prostitution (Public Places) (Scotland) Bill which will for the first time create specific offences for those who loiter or solicit with intent to purchase sex on our streets. The Bill was passed by the Parliament in February. We also consulted on draft guidance for local authorities and their community planning partners on how to tackle wider aspects of street prostitution, including challenging demand and helping women leave prostitution. Finalised guidance will be issued shortly.
The Executive is also committed to making Scotland a hostile environment for those involved in the despicable trade of trafficking in human beings. Following a joint consultation with the UK Government in 2006 we intend to publish a joint Action Plan on Tackling Human Trafficking later this month. The Plan will cover prevention, law enforcement, victim support and child trafficking. The main issues for the Executive going forward will be ensuring effective enforcement, improving intelligence and ensuring appropriate support for victims.
We know that in 2005-06, incidents of domestic abuse with a female victim and male perpetrator represented 87% of all incidents where information on gender was recorded. We know that domestic abuse continues to be a key concern for many of the Executive's stakeholders, because you have told us this through consultation.
We know that many women experience more than one form of violence and that there are links between these.
We know that the experience of taking a partner or ex-partner to court is not easy. We know that if we are going to tackle this issue effectively that this is something that needs to be addressed.
We want to improve court experience of women where domestic abuse leads to criminal charges or need for matrimonial / domestic interdict. We will continue to support the Domestic Abuse Court pilot service, based at Glasgow Sheriff Court, where cases of domestic abuse which occur in the city's south-side are fast-tracked. We want to continue to provide better information and support to victims so that fewer complaints are withdrawn before reaching the courtroom. We want to ensure that children and young people experiencing domestic abuse are protected and supported and we know the best way of doing this is to ensure the safety and well-being of the non-abusing parent.
This work is complemented by enhanced support that is now available to women who appear as witnesses in court, who, if identified as vulnerable, will be able to use special measures when giving their evidence and being cross-examined.
We want to continue to work towards eliminating violence against women in all its forms.
Tackling the root causes of why young men in Scotland are disproportionately represented amongst offenders will undoubtedly be challenging and there is work to be done to make the key connections between work in criminal justice with education, social inclusion and health.
We know that men make up the vast majority of offenders. We know that the majority of men in our prisons have low educational attainment and substance misuse problems.
To set up for men, a service comparable to that available for women - the 218, "Time Out" Centre in Glasgow, so that the underlying causes of offending can be tackled in order to impact positively on offending behaviour.
Please identify key policy areas where the department is or will take forward gender equality |
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Policy | Action | By whom | By when | Outcome expected |
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Equal treatment of men and women as parties to family law disputes |
An extensive study of divorce rates and use of different grounds of divorce over several decades. Adverse effects of acrimonious separations on children. Increased prevalence of cohabitation points to need to extend some financial safeguards to cohabitants. | We will fully implement the Family Law (Scotland) Act 2006 and associated non-legislative measures. | Civil Justice, Law Reform and International Division | Act in force by 4 May 2006, implementation in courts ongoing | System driven by welfare of children, but both male and female ex-partners should feel and be fairly treated in terms of financial provision and child contact. |
Domestic abuse court |
The Evaluation of the Domestic Abuse Court is in its final stages. Early findings are positive. | We will continue to provide support for pilot domestic abuse court in Glasgow. | Criminal Procedure Division | The Evaluation will be considered by Ministers in Spring 2007 | To improve court experience of women where domestic abuse leads to criminal charges or need for matrimonial / domestic interdict. |
Sexual offences review |
Successive judgements of the court of appeal indicated the need to modernise the law on rape to reflect the range of assaults actually evidenced. There is a need to modernise protections for children and others open to exploitation and to make the offences gender neutral. | We will continue to support the Scottish Law Commission review - leading to legislation in due course. | Criminal Law Division | Legislation following report, expected in 2007 | Modernised sexual offences, based on equal treatment of the sexes and penalising non-consensual or exploitative sexual assaults - in practice likely to benefit women victims particularly as wider definition of the most serious type of sexual assault could lead to a higher conviction rate than on present definition of "rape". Also benefit to men assaulted by men, not covered by current law of rape |
Review of effectiveness of sexual history evidence legislation |
There is a very low conviction rate for rape compared with other sexual assaults. We are gathering evidence as to the effect of new rules which require court approval to question victim's sexual history. | We are undertaking a review of the law of evidence in rape and serious sexual offence cases. | Independent review sponsored by Victims and Witnesses Unit, with COPFS | February/March 2007 | More effective and consistent application of this "shield" legislation, which seeks to protect vulnerable victims from having their sexual history questioned in court. |
Information for victims of rape and sexual assault |
Such victims of either sex are particularly vulnerable and require specialised advice. | We will develop an information pack for victims of rape and serious sexual assault. | Victims and Witnesses Unit | Completion by 2008 | Improve quality of information available to victims, mainly, although not only, women assaulted by men. |
Vulnerable witnesses Act implementation |
The Act came out of recognition that children and other vulnerable witnesses can be intimidated from giving their best evidence by being brought face to face with the accused in the courtroom setting. Expert advice as to the best conditions for giving evidence has informed the content of the Act and its implementation. | We will complete the implementation of the Act in summary and civil proceedings - we will extend to vulnerable groups other than children. | Victims and Witnesses Unit | By 2008-2009 | Protection of all vulnerable groups, as well as children, in all kinds of court proceedings. Will assist frail and elderly female or male victims as well as children of both sexes But in practice is likely to benefit women and girls as forming a higher proportion of vulnerable victims and witnesses. |
Measures to target young males through Male 218 |
Young men are disproportionately represented in the criminal justice system. In 2004/05, male offenders accounted for 84% of all convictions, 92% of custodial convictions. Many of these young men have substance misuse and mental health problems. The 218 service for women offenders is already in place and subject of a positive evaluation. | We will take forward work to establish a 218 service for men. | Community Justice Services Division | Being developed by voluntary sector. Setting up of day centres announced February 2007 | Men to experience rehabilitative approaches that are as strong and effective as those available for women. |
Measures to deal with women offenders |
The report of the Ministerial Working Group on Female Offenders - A Better Way - highlighted the specific needs and offending patterns of women offenders and suggested improvements to the system to meet their needs. | We will develop a blueprint for Community Justice Authorities on services to be available to women offenders. | Community Justice Services Division | 218 centre in place. Development of blueprint underway | Better quality services for women offenders in community. |
Civil Legal Assistance Office ( CLAO), and review of civil legal aid rates |
SLAB statistics tell us that numbers of solicitors in private practice providing civil legal aid is declining, and this decline is disproportionately high in family law. The issue of lack of legal advice in the Highlands for victims of domestic violence has been raised in the Scottish Parliament. | We will ensure the availability of civil legal aid, particularly regarding family law and domestic violence, where not enough private solicitors currently able / willing to provide | Access to Justice Division/ SLAB | Offices to open by end 2007. Review of civil legal aid rates to be completed by end 2007 | Men and women are equally able to go to court, for example, on family disputes, in interests of fairness and welfare of children. |
Review of special criminal defences |
Legal judgements indicate that there is a difficulty in dealing with "slow burning fuse" aspects of homicide when women kill abusive male partners. | We will support the SLC to review defence of provocation (and others), including by discovery of infidelity and in domestic abuse cases | Scottish Law Commission | To begin 2007 | Examine and remove any unfairness in current common law which impacts negatively upon women. |
Extreme Pornography |
There is significant public disapproval of extreme pornographic images and mixed evidence about links between viewing images and subsequent criminal action. There are also concerns about harm to those involved in the making of pornography (predominantly women) and impacts of pornography on attitudes to women. This is an area that we believe merits further exploration. | We have consulted on new law to prohibit extreme pornographic images, and will now work to implement the outcome of the consultation We will work with the Violence Against Women Team as they develop the Executive's strategic approach to violence against women. | Criminal Law Division | Possible legislation in 2007/2008 | Prohibition of images of rape and sexual violence (predominantly against women) Further exploration of pornography and any associated harms |
Prostitution |
New legislation will create, for the first time in Scotland, offences which target those purchase sex on our streets. It will be an offence to loiter or solicit with intent to obtain the services of someone engaged in prostitution. The Executive considers street prostitution to be a form of abuse of women. We believe that efforts to eradicate it should be seen in the context of our broader policies of tackling violence against women. Challenging demand is an important part of this. | We will commence the Prostitution (Public Places) Bill. We will issue finalised guidance to local authorities and their community planning partners on how to tackle wider aspects of street prostitution. The guidance will cover tackling demand, preventing involvement, reducing harm, assisting exit and protecting communities. Funding will be made available to support these ends. | Criminal Law Division | Bill passed 28 February. Commencement summer 2007 Finalised guidance to local authorities summer 2007 | Criminal offences which enable the police to tackle purchasers. Improved services to support those trapped in prostitution and to help them to leave. |
Human trafficking | | | | |
Human trafficking is a despicable form of modern-day slavery. We want to make Scotland a hostile environment for traffickers and to protect and support those upon whom they prey. | We will publish a joint Action Plan on Tackling Human Trafficking with UK Government which will cover prevention, law enforcement, victim support and child trafficking | Criminal Law Division | March 2007 | Better intelligence on scale and profile of trafficking. Effective enforcement. Improved support services for victims. |
Measures to promote women's recruitment in traditionally male services |
There are currently unequal levels of employment of men and women in police and fire services. In 2005, women were 21% of police officers and men were 79%. Women were 7% of Chief Inspectors and men were 93%. Less than 15% of fire service staff are women. | We will ensure that a higher percentage of women are recruited to Scotland's police, fire and rescue services. | Fire and Civil Contingencies Division / Fire and Rescue Services Inspectorate / employers and senior managers in service / trade unions | Ongoing - there's a recognition that there is a huge amount to be done. | Steady increase in number of women in the service. |
Judicial Appointment Board for Scotland ( JABS) - provides the First Minister with a list of candidates recommended for appointment to vacancies for Senator of the College of Justice, Sheriff Principal, Sheriff and Part-Time Sheriff. |
Lay Justice Recruitment | To produce national standards for the recruitment of lay justice (including publicity material). | JABS | October 2007 | Encourage a more diverse range of candidates to apply, better gender balance |
Senatorial/Shrieval recruitment. |
Statistics show that since the Board was formed in 2002 there has been an increase in the number of female applicants/successful candidates. However the female % still falls far short of the male % as detailed below. Senators of the College of Justice
As at 1 March 2006 - 34 appointments
15% are female appointees Sheriffs Principal
As at 1 March 2006 - 6 appointments
None of which are female appointees Sheriffs
As at 1 March 2006 - 135 appointments
19% are female appointees Part-time Sheriffs
As at 1 March 2006 - 60 appointments
23% are female appointees The Board took note of the publication in November 2005 of "Women in the Legal Profession", a study by the Law Society of Scotland and the Equal Opportunities Commission Scotland. We took a "snapshot" look at a competition run by the Board - that of Part-time Sheriff in 2005 - to see what we could infer from the "success" rates of women and men. The statement is often made that more women than men are entering the legal profession in Scotland and this is particularly true of solicitors. Figures published by the Law Society of Scotland in their 2004 annual report noted that of practising certificate holders under the age of 30, 61.1% were female. As a minimum qualification for the office for part-time sheriff, a candidate must have been either an advocate or a solicitor for at least ten years. In practice, most of the successful candidates in the 2005 part-time sheriff competition were in their 40s. Women made up 37.6% of this age group among solicitors in Scotland. Women made up just under 25% of candidates for the Part-Time Sheriff Competition in 2005; just under 25% of successful candidates were female. In other words, fewer candidates are female than are male, but success rates for male and female candidates are similar. | Asking ourselves the question "what is preventing women from applying in proportionate numbers?", we have been looking at the possibilities for research into potential barriers to applying for judicial office for different groups within the legal profession, following on from the work done for us by Dr Fiona Mackay in 2005. In May 2006, we welcomed Ms Millie Banerjee, formerly a Commissioner for Judicial Appointments in England and Wales, to share with the Board her knowledge in this area. This is an ongoing area for policy development | Secretariat/ JABS | Ongoing | Encourage a better gender balance for applications |
Raising the profile of JABS | Revise website | JABS | Ongoing | Same as above |
Communication Strategy | Produce news releases, dedicated media contact, media responses | JABS | Ongoing | Reiterate remit to encourage all with relevant qualifications etc to apply and to be appointed on merit. |
Candidate Assessment | Take forward possibilities of psychometric testing, assessment centres etc | JABS | Ongoing | Enhance assessment process for candidates and encourage a better gender balance of applications/successful candidates |
Arrangements for delivering the general duty to promote gender equality |
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| Action | By whom | By when | Outcome expected |
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1. What arrangements will you put in place to ensure that your policies, services, functions pay due regard to the need to eliminate any unlawful discrimination between women and men? | The Justice Department will continue to conform with corporate HR arrangements and training policies, to ensure that our staff understand what is unlawful discrimination, and are aware of their responsibilities to customers/stakeholders of both sexes. | All Staff | Ongoing | Our staff are aware of their responsibilities in relation to their specific remits. |
We will engage effectively in the equality impact assessment process to inform policy development, and ensure we recognise any policies which discriminate so appropriate action can be taken. | All Policy Divisions | From December 2006 | Our policies complies with the law, and promotes equality, and prevent discrimination. |
JABS Diversity Working Group set up. | JABS members, Law Society | Started | Increase in the number of women in Judicial appointments. |
2. What arrangements will you put in place to ensure that your policies, services, functions are able to pay due regard to the need to promote equality of opportunity between women and men? | We will ensure that all statistical data collections and research are equality proofed in relation to gender. Data collections will be broken down by gender wherever feasible and appropriate. | JD: Analytical Services Division | Ongoing | Provide Justice Department policy teams, and our customers/stakeholders, with the necessary data to feed into policy development and ensure that policies take account of the different needs and experiences of men and women For example as victims of crime or as accused or convicted persons. |
We will collect data for monitoring key trends in relation to gender; identifying any gaps in terms of monitoring within the current policy context. | JD: Analytical Services Division; and All Policy Divisions | Ongoing |
We will review the Justice Analytical Strategy to ensure it makes appropriate reference to the Equality Impact Assessment process. | JD: Analytical Services Division | August 2007 | We are able to monitor the outcomes of our policies for both sexes, to ensure they are consistent. |
The Justice Department will assess the potential for developing its automated Business Planning Tool, which feeds into Departmental reporting systems, and associated guidance to incorporate material on equality, including gender to ensure that the Department is meeting its equality duties. | JD: Business Planning Team | Summer 2007 | Policy makers have appropriate support in applying the SE Equality Impact Assessment process at the early stages of policy development. |
The Justice Department will develop its automated Business Planning Tool, which feeds into Departmental reporting systems, and associated guidance to incorporate material on equality, including gender. | All Staff | Ongoing | Reports on Equality Duties and commitments will be maintained electronically, and issues of consistency will be more readily demonstrated and audited by managers at different levels. |
We will ensure that all of our consultations reflect the diversity of our communities, and will seek to include all those people affected by the proposals. This means, where possible, we will analyse our consultation responses by gender. We will require reviews of NDPBs and the setting up of new NDPBs (such as the new Scottish Legal Complaints Commission) to consider any relevant gender equality issues, such as how to promote take-up of services by both men and women. | Sponsoring divisions | Ongoing | Policy development accurately reflects the needs of both men and women. Improvement in services based on evaluation. |
Constantly review statistics, increase in female applicants and successful candidates since JABS formed in 2002 JABS Diversity Working Group established. | JABS Secretariat | Ongoing | Steady increase in female % numbers |
3. How will you identify gender equality goals and outcomes for your area of work? | We will engage with the Equality Impact Assessment Process in order to establish those policies where gender equality is an issue, and take subsequent action as a result. | All Policy Staff | Ongoing | Most relevant policies to gender equality identified. Continue to review our policies to ensure gender inequality is addressed as and where it is identified. |
We will continue to engage with our analysts to ensure relevant data is sex disaggregated, to assist in monitoring our policies. | All Staff | Ongoing | Outcomes in relation to gender equality can be monitored. |
Put bid in for money to procure robust recruitment manager database which will include monitoring and reports | JABS | Funding bid for 2007/2008 | Instant access to diversity statistics |
4. How will you ensure that employees, stakeholders and/or service users are consulted in the process of setting gender equality goals and outcomes for your area of work? | We will ensure that consultation and consultative forums, such as working and advisory groups, are representative of both genders, particularly in relation to our key policies. | All Staff | Ongoing | Views of our stakeholders are taken into consideration. |
Representative Advisory Groups are established in key policy areas. | All Policy Staff | Ongoing | Forums to influence key policy areas are representative. |
Contacting relevant organisations at appropriate stages of process. e.g. raising awareness, pre-advert and during advert | JABS | Started contacted C.E.H.R and OCPAS will be approaching Equality Network and other relevant organisations. | Ensure new policies in particular lay justice as it sets national standards comply with all relevant legislation and where possible go a step further to enhance submission of applications by minority groups including gender. |
5. What arrangements will you put in place to ensure that we are able to report on progress on an annual basis? | We will assess the potential for developing our Business Planning Tools to provide information on progress against equality issues. This could provide an automated process for monitoring. | JD: Business planning team | By summer 2007 | Assisted by automated processes, and mainstreamed into current practice. We have suitable indicators to assist impact assessment and monitoring |
We will review our Analytical Strategy to commit to the early involvement of analysts in the Equality Impact Assessment process. This will include the development of additional indicators/evidence as appropriate to enable monitoring. Where our policies have review and oversight processes built-in, we will mainstream equality issues in the exercises. Report under section 306 of Criminal Procedure (Scotland) Act 1995 to include information "facilitating the performance by [persons involved in the Criminal Justice system] of their duty to avoid discriminating against any persons on the ground of race or sex or any other improper ground. | JD: Analytical Services Division and Policy Divisions | August 2007 | Take advantage of current structures and processes to ensure regular monitoring of progress against equalities goals. |
SPS continue to hold data on a wide variety of information including gender and can thus provide information on the potential impact of a variety of government policies on the prison population by gender. | SPS | Ongoing | Potential outcomes in relation to unequal gender effects caused by particular policies. |
We produce statistics on gender as part of our diversity monitoring in our Annual Report | JABS | On-going for 2007/08 report | Show an increase in female applicants and appointees. |