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Scottish Spending Review 2011 and Draft Budget 2012-13

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Chapter 10 Justice

PORTFOLIO RESPONSIBILITIES

The role of the Justice portfolio is to create a safer and stronger Scotland by protecting individuals and communities, whatever people's identity, age or background, from threats to their safety and prosperity. The portfolio works to tackle underlying problems like drug misuse, to prevent crime, to rehabilitate those who commit crime and to deliver a fairer society by ensuring access to justice. It has responsibility for the civil and criminal justice systems which include Scotland's courts, police, fire and rescue, and prison services, the legal aid system and criminal justice social work services.

SUPPORTING RECOVERY AND INCREASING SUSTAINABLE ECONOMIC GROWTH

The Justice portfolio's contribution to supporting economic recovery and increasing sustainable economic growth is critical. It provides the framework through which people and businesses are protected from threats to their economic wellbeing. It helps to ensure that Scotland has the resilience to respond to natural, technological or man-made crises, which can impact on a well-functioning economy. In addition, by improving the condition, quality and capability of existing infrastructure and new capital investment it helps to maintain economic growth, investing across the country and supporting construction and other industries.

Our capital investment programme will also contribute to the Scottish Government's aim of a low-carbon economy. Through a combination of improving the existing estate's energy efficiency, reducing the need for travel (through greater use of video conferencing) and ensuring that new assets are as energy efficient as possible, we are investing in a way that aligns with our ambitions on climate change.

OUR NATIONAL OUTCOMES

The Justice portfolio contributes directly and in partnership with other portfolios to the achievement of a number of our national outcomes. The key focus is on ensuring that we live our lives safe from crime, disorder and danger by maintaining record numbers of police officers in our communities; by supporting Scotland's fire and rescue services; by providing resources to our prison service to take those who commit the most serious crime off our streets; and by investing in community sentences for other offenders to break the cycle of reoffending and deliver payback to the communities that they have harmed.

The portfolio is delivering strong, resilient and supportive communities where people take responsibility for their own actions and how they affect others by ensuring that individuals and businesses can be held to account for their actions and can enforce their own legal rights through the effective functioning of our civil and criminal courts and tribunals. Key to this is our support for the legal aid system to ensure fair access to justice.

The portfolio provides resources to the NHS to deliver better drug treatment and support services to promote recovery from drug addiction in our communities, under the leadership of local Alcohol and Drug Partnerships. This, and the accumulated impact of the national drugs strategy, The Road to Recovery, will help more people to live longer healthier lives and will improve life chances for children, young people and families at risk. The Justice portfolio also supports the work of the police and other agencies which tackle the drug dealers and organised criminals who have blighted too many of our communities for too long.

We are also helping to ensure that our public services are high quality, continually improving, efficient and responsive to local people's needs by improving the way that our police and fire services are organised across the country. By reforming structures and improving the way in which they are held to account locally and nationally, we will ensure that our communities get the best from both services despite the difficult financial context.

Delivery of the Making Justice Work programme of reform, which brings together the Scottish Government, the Crown Office and Procurator Fiscal Service, the Association of Chief Police Officers in Scotland (ACPOS), the Scottish Court Service (SCS) and the Scottish Legal Aid Board (SLAB) on a range of projects to improve the efficiency and effectiveness of the justice system, will also contribute to this outcome.

OUR ACHIEVEMENTS

Scotland's crime rate is falling. Recorded crime in Scotland is at its lowest level since 1976 and is down 23 per cent since 2006-07. Overall crime, as measured by the Scottish Crime and Justice Survey, is down 10 per cent in 2009-10 compared to 2008-09. Reoffending rates are at their lowest level in 11 years.

In 2009-10, homicides were at their lowest levels since the early 1980s. Despite a two per cent increase between 2009-10 and 2010-11, violent crime is still 19 per cent lower than in 2006-07. Seven out of ten people (71 per cent) think crime levels in their local area are either falling or stable, up two per cent from the previous year, and 94 per cent of people rated their local neighbourhood as a good place to live in 2009, the highest level since devolution. Recorded youth crime fell by 12 per cent between 2008-09 and 2009-10 and the young offender prison population for both remand and direct sentenced prisoners fell by 14 and 17 per cent respectively between 2009-10 and 2010-11.

Scottish communities feel safer and are safer. We have invested across the Justice portfolio to achieve this since 2007.

Between 2006-07 and 2011-12, police funding was increased by 16 per cent in cash terms. That significant investment ensured, among other things, that the Scottish Government's pledge to deliver 1,000 additional police officers over the term of the last Parliament was met. We know the importance of front-line policing in our communities. Officers in our communities, tackling crime and reassuring our citizens and businesses, are the priority. We have set in motion a process of reform, which will ensure that the police service is sustainable despite the financial cuts we face across all portfolios.

The number of fires in Scotland has fallen by 20 per cent since 2006-7 and fire fatalities are at their second lowest level since devolution.

We have invested in the capacity of our fire and rescue services, in particular, providing funding for a high quality and resilient radio communications system (Firelink), which became operational in every fire appliance in Scotland in April 2010.

We have worked with partners to strengthen strategy and practice around young people who offend, minimising the damage and costs of crime to communities and public services, while improving outcomes for some of our most vulnerable young people and their families and communities, and to reduce the bureaucratic burdens on those working with them.

We have taken significant steps to remove knives from our streets. There are fewer people carrying knives and the number of crimes of handling an offensive weapon is at its lowest level in a decade. Of those who do carry knives, more are being caught and given longer sentences. The average length of custodial sentences for carrying an offensive weapon is at its highest for a decade. We doubled the funding for the award-winning No Knives, Better Lives campaign for 2011-12 to £0.5 million. This is changing attitudes to knife carrying among more and more young people in Scotland. This innovative youth engagement campaign, launched in March 2009, has seen significant reductions in knife carrying among young people in Scotland, with the overall level of knife crime falling by 38 per cent since 2007, including a 43 per cent reduction in both Inverclyde and in Renfrewshire.

We have invested in tackling antisocial behaviour and continue to support work in communities to provide long term, permanent solutions for our young people. We want to ensure that young people have opportunities to learn and express themselves rather than damaging communities through crime and antisocial behaviour. We have ensured that the proceeds of crime are reinvested in our communities through CashBack for Communities. This scheme has engaged with over 600,000 young people since 2008 and has committed until July 2014 in excess of £42 million for a wide range of positive activities and opportunities in sports, arts and community projects.

We have prioritised work to tackle sectarianism and the associated damage caused to our communities. We have introduced the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill to enable the criminal justice system to take swift and decisive action to deal with the worst instances of sectarianism and have established the Football Coordination Unit for Scotland to ensure a strategic approach is taken to policing the problems associated with football. We are working to embed anti-sectarian policies, practices and principles across society, including cradle to grave education, throughout the public, private and voluntary sectors and into the hearts of our communities. We want to create an environment where everyone can celebrate their cultural identity in an inclusive and non-threatening way and build resilient communities, which cannot be undermined by fear, prejudice and antisocial behaviour.

We have invested in breaking the cycle of offending and imprisonment, and tough community-based sentences. We want to build on the progress that has resulted in Scotland having the lowest level of reoffending rates in over a decade. We have introduced a credible and effective alternative to short-term custodial sentences through the creation of the community payback order. Community sentences have been shown to be more effective at reducing reoffending and they also allow for constructive work to be done for communities, such as clearing snow or renovating care homes. We are also developing robust alternatives to reduce the number of under 18 year olds being dealt with in the criminal justice system and receiving custodial sentences.

At the same time, we have invested in our prisons estate with the modernisation of HMP Edinburgh, HMP Glenochil, HMP Perth, HMYOI Polmont and first phase of HMP Shotts. In addition, HMP Addiewell was opened in 2009 and the new prison in Bishopbriggs, HMP Low Moss, is on schedule for completion in Autumn 2011. We have also committed to delivering HMP Grampian and the second phase of HMP Shotts. The most dangerous offenders are going to prison for longer.

We have supported the police and other agencies to tackle serious and organised crime, including the investment of additional resources in the Scottish Crime and Drug Enforcement Agency (SCDEA) to boost their capability and capacity, and by establishing the Scottish Intelligence Coordination Unit (at the SCDEA), which will become the recognised single point for the coordination and sharing of intelligence and information on serious organised crime groups across Scotland.

We have also strengthened the Proceeds of Crime Act to provide law enforcement agencies with additional tools to tackle organised criminality in Scotland and since 2007, just over £43 million has been recovered from criminals using this legislation. Over £42 million of this recovered money has been reinvested in a wide range of projects under the CashBack for Communities programme, which has provided an imaginative and varied choice of activities for over 600,000 young people across Scotland.

Construction of the Scottish Crime Campus at Gartcosh is well underway and will enhance our ability to tackle serious organised crime.

Since 2007-08, the Scottish Government has worked with ACPOS to review the way in which counter terrorism (CT) activity is delivered, to ensure best value. A three year process of growth in police CT capacity and capability has been implemented as a result. In 2011-12 the Scottish Government is providing more than £15 million in dedicated funding to Scottish forces from the Police Central Government Grant - an increase of 85 per cent (£6.9 million) compared to 2006, resulting in significantly enhanced effectiveness and coordination in the police's contribution to Scottish and UK national security.

We have prioritised the protection of our communities from sex offenders by investing in the Multi Agency Public Protection Arrangements, modernising our sexual offences laws and tightening controls on sex offenders. The Sexual Offences (Scotland) Act 2009 came into force in December 2010, replacing a complex patchwork of common law and statutory provision with one statutory framework which more accurately reflects the values of a modern society. We have also legislated to strengthen Sexual Offences Prevention Orders and the Keeping Children Safe scheme has been rolled out across the country, supporting parents and carers to protect their children from the risk of harm. We have also legislated to allow the retention of DNA from young people who commit serious sexual and violent crimes, strengthening protection for our communities.

We have prioritised victims within the justice system. Courts now have more powers to require offenders to pay for compensation for victims, including increasing the amount to be paid to victims if an offender subsequently comes into money after the original award of compensation has been made. Vulnerable witnesses have been protected by enabling courts to grant them anonymity more easily. We have passed the Double Jeopardy (Scotland) Act 2011 to allow a second trial in certain serious cases where compelling new evidence emerges and the Forced Marriage Protection (Scotland) Act 2011, which provides civil remedies for those at risk of forced marriage and for victims of forced marriage.

Drug use is falling in Scotland. Levels of self-reported drug use in the last year have fallen from 12.6 per cent in 2006 to 9.8 per cent in 2009-10. We are implementing an internationally acclaimed, recovery-focused drugs strategy that is improving outcomes in our communities by saving lives as well as improving the lives of people, families and communities affected by drugs. We have seen progressive improvements in drug treatment waiting times across Scotland and increasing examples of service re-design focused on recovery and the needs of individuals.

We have legislated to allow new forms of business structure in the legal services market, helping Scotland's leading law firms to compete internationally, and increasing choice at home. We have established the Scottish Arbitration Centre to promote Scotland as a place to conduct commercial arbitrations.

We have secured judicial independence and clarified the accountability of the courts system by the creation of an independent Scottish Court Service under the leadership of the Lord President. We have unified the administration of Scotland's courts by bringing courts previously run by local authorities under the control of the Scottish Court Service and we are investing in the refurbishment of Parliament House, improving the Scottish Court Service's capacity to meet its statutory obligations and to manage demand for essential first instance courts within the Court of Session.

We have established the Scottish Tribunals Service to provide efficient and integrated support to tribunals, beginning with a number of devolved tribunals.

We have taken forward a series of measures to increase access to justice, including increasing financial eligibility for civil legal aid in 2009 so that those with disposable incomes of up to £25,000 could qualify. We have helped the third sector to establish innovative new services to help people with legal problems, including those associated with the economic downturn.

MANAGING PRESSURES AND CUTS IN PUBLIC EXPENDITURE

The Justice portfolio has identified savings opportunities in a number of areas where it directly controls spending. Over the period of this Spending Review we will drive out significant short-term efficiencies from within existing structures. We have also set in motion a programme of reform which will protect service levels while realising sustainable efficiencies in the medium and longer term. Most significantly, we can realise sizeable recurring savings from the reform of our police and fire services, reduced cost of courts and tribunals, and driving down the costs of legal aid. Estimated annual recurring cash savings of £130 million will be delivered from police and fire reform by the end of the programme of change.

Action is underway across the Justice portfolio to generate efficiency savings by delivering the same services with fewer resources and by adjusting structures and practices to create more effective and efficient ways of working:

  • We are delivering earlier treatment and support for people with drugs problems by setting ambitious targets for waiting times. To meet this target, services have had to examine the entire experience of people coming forward for help and re-design more personally-focused services with more rapid assessment and entry into treatment.
  • The Making Justice Work programme contains a range of projects which justice delivery bodies are working on jointly to deliver efficiencies. These include work led by police forces to improve witness attendance at court; work led by the Crown Office to refine the summary justice system model to ensure that cases are settled as early as possible; work led by Scottish Legal Aid Board (SLAB) to increase the availability and use of video conferencing; and work led by the Scottish Court Service (SCS) to examine centralising and sharing services with Crown Office and Procurator Fiscal Service (COPFS) for citing jurors and witnesses.
  • Through its ICT strategy, SLAB has achieved efficiency savings of £387,000 in 2011-12. The development of Legal Aid Online will continue to provide savings to the Board, but will also provide a faster, more effective service to legal businesses and their clients.
  • The SCS and COPFS have secured recurring cash savings through a shared service agreement under which the Court Service is managing the COPFS estate.
  • The SCS has cut its annual costs by closing four "split site" court buildings in Paisley, Kilmarnock, Perth and Ayr, in each case transferring the business into the main Sheriff Court building in the town. Equality issues were taken into account when undertaking this reorganisation, which was the first step by the Scottish Court Service in a wider review of how the court estate is used. Equality issues will be fully taken into account as longer term decisions are taken.
  • We have extended the electronic monitoring of offenders contract for two further years and have renegotiated the terms to further improve the value it provides.

We have also invested to save in the longer term. We have increased funding for diversionary activity in 2011-12, to help identify those whose offences and behaviours make them suitable for diversion from prosecution. This frees up capacity in the criminal justice system and evidence shows better outcomes in terms of lower rates of reoffending for those committing minor offences where they receive an alternative to prosecution, such as a fiscal work order, that addresses their behaviour without going through the full court process.

A reducing reoffending change fund, focussing on preventative spend, will be created to bolster those interventions that we know can reduce reoffending. This work will take account of the particular contribution that can be made by third sector service providers. The fund will expand the coverage and impact of those interventions with a proven track record in reducing reoffending, as well as supporting innovation. This will help shift the focus of services, to get the correct balance between proactive and reactive services, as part of the next phase of the Government's reducing reoffending programme.

Building safer and stronger communities and reducing crime and the fear of crime are not outcomes which can be achieved by the Justice portfolio alone. Justice has worked with other portfolios across government to develop proposals which will achieve greater long-term impact, improve outcomes and reduce spend during this and future Spending Review periods. Therefore, the establishment of an early years and early intervention fund to support preventative spend across government will include initiatives related to reducing offending and reoffending. This is based on the evidence of the effectiveness of early intervention with those at risk of offending or reoffending and the importance of tackling problems at an early stage.

We will commit funding to build community cohesion based on mutual respect and empowerment, improving the capacity of communities to work with professionals to tackle antisocial behaviour. We will invest in preventing people going to prison in the first place and in reducing reoffending for those already inside the criminal justice system. This will include investment in rehabilitation services for adults diverted from prosecution, mentoring schemes and targeted offender programmes such as the Persistent Offender Project in Glasgow which saves up to £14 in wider costs for every £1 of public money spent.

It makes sense to help people recover from drug problems. The report Assessing the Scale and Impact of Illicit Drugs Market in Scotland estimated that in 2006 the total economic and social costs associated with illicit drug use were around £3.5 billion. It also showed that the average annual cost to society amounts to around £65,000 per problem drug user if not in treatment, but that this reduces to £37,000 when in treatment for up to one year, and £20,000 after one year of treatment.

OUR PRIORITIES

The Justice portfolio will spend £1,344.1 million on making Scotland safer in 2012-13. This is £79.8 million or 6 per cent more than in 2011-12. Scottish communities feel safer and are safer. We have invested across the Justice portfolio to achieve this since 2007 and we are focusing our funding over this Spending Review period on the areas which will make the greatest impact in the future. The increase in the cash being made available to the portfolio will allow us to deliver our planned capital programme, meet the expected increases in the cost of police and fire pensions and pay for the short-term net costs associated with reforming our police and fire services. However, the portfolio still faces significant financial pressures across its areas of responsibility in order to support the services that our people expect.

We plan to radically reshape many significant areas and delivery mechanisms funded by the Justice portfolio's budget. In police and fire, our plans for reform will protect and improve local services and outcomes in communities and strengthen the connection with the public, delivering stronger accountability and ensuring that local services work effectively in partnership to deliver locally determined priorities. The reforms to the Scottish Courts following the recommendations of the Scottish Civil Courts (Gill) Review will free up the higher courts for the most serious and complex civil and criminal business, give judges the powers to manage cases efficiently, and introduce more accessible and informal procedures to resolve lower value disputes. We have already begun a major refocusing of legal aid and will set out plans for further reforms shortly, which will include legislation to require accused persons to make contributions to their defence where they can afford this. We have already delivered efficiencies in our spending on tribunals through bringing together administrative support in our new Scottish Tribunals Service. Consideration is also being given to devolution of currently reserved tribunals which would result in further efficiencies.

As the Christie Commission Report points out, the costs to Scotland and its public services of negative outcomes such as excessive alcohol consumption, drug addiction, violence and criminality are substantial. We will continue to invest in the prison estate so that those who need to be in custody are kept in conditions that ensure security and promote rehabilitation, including a commitment to build a new HMP Grampian. We will also support preventative spending focused on the early years while working to break the cycle of criminality later in life by investing in services that support offenders to choose a life free from crime. We will work to reduce offending and reoffending, through our investment in drug treatment and support, through continued support for the use of community payback orders, through the diversionary activity funded from CashBack for Communities, and through investment in a fit-for-purpose prison estate that allows early intervention amongst offenders. We will continue to work with the police, prisons and local authorities to reduce overcrowding in prisons, to meet the criteria set out in the Scottish Prisons Commission report thus allowing us to end automatic early release.

Over the Spending Review period we will invest in:

  • maintaining 1,000 extra police officers in our communities;
  • delivering a single Fire and Rescue Service and a single Scottish Police Service;
  • creating a prison estate that is fit-for-purpose and provides a humane regime capable of contributing to maintaining public safety and reducing reoffending;
  • delivering the Scottish Crime Campus at Gartcosh;
  • delivering the Parliament House project;
  • continued funding for police and fire pensions;
  • supporting the Scottish Court Service in improving the effectiveness of the collection of court fines;
  • extending the CashBack for Communities scheme;
  • community payback orders;
  • addressing the increasing female prison population;
  • the creation of the Civil Justice Council;
  • extending the No Knives Better Lives campaign;
  • taking forward the recommendations of the Gill Review and investing in Scottish Court Service ICT;
  • introducing serious and organised crime prevention orders;
  • tackling sectarianism by continuing the work of the Joint Action Group (JAG) on tackling unacceptable and offensive behaviour in football and funding a National Football Policing Unit, as well as supporting initiatives to tackle sectarianism across the board as part of a coordinated strategy;
  • supporting victims and witnesses;
  • further refining the Proceeds of Crime Act;
  • developing more innovative and effective ways of reducing reoffending through a new change fund;
  • supporting criminal justice social work services;
  • supporting and targeting access to legal aid;
  • continuing to fund services to help people recover from drug problems; and
  • reforming the law of damages.

In 2012-13 we will invest our resources in the following areas:

Policing

We know how important it is to have police officers on our streets. Communities, businesses and individuals need to feel safe and confident that crime will be tackled wherever and whenever it occurs and visible policing is helping to make Scotland's communities safer - recorded crime is at a 35 year low.

In 2012-13, we will maintain the level of funding currently available to police authorities and joint police boards through the Central Government Police Grant to local authorities (£480.3 million). The remainder of the funding for police authorities and joint police boards is funded by local authorities from General Revenue Grant (historically approximately 49 per cent of total police budget).

Maintaining the level of the Central Government Police Grant to local authorities, an agreement from COSLA that individual local authorities will pass on their share of the agreed level of funding to allow Police Boards to maintain police officers at at least 17,234, together with the funding provided through the Police Central Government budget for the 1,000 additional officers, will enable our commitment to maintain the 1,000 additional officers to be met.

Scotland currently has eight police forces. Police reform will see the move to a single service produce estimated annual recurring cash savings of £106 million by the end of the programme of change. Reform requires up-front investment to deliver future savings and an allocation for the net cost of police reform is included within the Police Central Government budget.

We are also committed to continue to meet the cost of police and fire pensions, which are expected to cost £281.9 million in 2012-13.

We will invest £242.4 million in the Police Central Government budget. As well as paying for the 1,000 additional officers and the net costs of police and fire reform, this will support a range of policing functions including forensics services, police training and

ICT provided by the Scottish Police Services Authority, the work of the Scottish Crime and Drug Enforcement Agency, dedicated counter terrorism officers and specific policing services provided across the UK and agreed with the Home Office. The Police Central Government budget also funds the building of the Scottish Crime Campus at Gartcosh.

Fire and rescue services and resilience

The Scottish Government is committed to delivering modern, effective and sustainable fire and rescue services responsive to the needs of local communities and giving all parts of Scotland access to national specialist fire and rescue services. Scotland has a strong and widely respected fire and rescue service - fire deaths are almost

50 per cent lower than they were 10 years ago. However, Scotland's public sector is facing unprecedented financial challenges and reform of the fire service is the only way to sustain these hard-won gains and sustain the local fire and rescue services that communities depend on.

Scotland's fire and rescue services play a crucial role in supporting local and national resilience. They have seen funding increase by 20 per cent over the four years to 2011-12.

The majority of funding to the fire and rescue service comes from local government. In addition in 2012-13 we will continue to honour Ministers' prerogative within the Fire (Scotland) Act 2005 to provide a central training establishment, the Scottish Fire

Services College, and invest £6.1 million in the provision of training for recruits and the development of personnel in specialist roles to nationally agreed standards. We will also invest £4.7 million in Firelink, a highly resilient telecommunications platform for enabling the services to mobilise to and manage incidents.

The government is also continuing to invest in national and local multi-agency shared services initiatives designed to ensure that Scotland is as prepared as possible to deal with the consequences of any emergency. For example, the government will continue to invest in supporting the work of the eight regional Strategic Co-ordinating Groups (SCGs). A major priority in 2012-13 will also be to enhance community resilience by working with the voluntary sector directly and by supporting the outreach work of local and regional statutory responders.

Reducing levels of violent crime

Despite a two per cent increase between 2009-10 and 2010-11, violent crime is still 19 per cent lower than in 2006-07, with the number of recorded crimes which involve the handling of an offensive weapon, including knives, at its lowest level in Scotland in a decade. We want to maintain that record of success.

In 2012-13 we will invest £3.4 million in community safety.

Tackling sectarianism

During 2012-13 we will work to embed anti-sectarian policies, practices and principles across society from cradle to grave through education, throughout the public, private and voluntary sectors and into the hearts of our communities. Our aim is to create a society where everyone can celebrate their cultural identities in inclusive and non-threatening ways. To achieve that we also need to build resilient communities which cannot be undermined by fear prejudice and antisocial behaviour.

In 2012-13 we will invest £3 million in tackling sectarianism.

Victims and Witnesses

In recent years, we have introduced victim statements for victims of serious crimes and extended the scope of the Victim Notification Scheme. We are determined to build on this progress to ensure that the rights of victims are always a priority in the justice system. That is why we are committed to introducing a victims rights' Bill during this parliamentary term to enshrine in law a victim's right to damages and compensation. It will also give victims input into sentencing policy and parole decisions, so that those most affected by crime have a say in how criminals are dealt with.

In 2012-13 we will invest £28.4 million in victims and witnesses.

Tackling drug problems

Problem drug use continues to affect lives and communities across Scotland and we have shown our determination to tackle this with a fresh approach focused on recovery and backed with record levels of investment. In 2012-13 we will continue to build capacity in Alcohol and Drug Partnerships to drive delivery reform in service provision and to ensure the focus remains on recovery.

In 2012-13 we will invest £31.9 million in continuing to tackle drug problems across Scotland.

Making offenders repay their debt to communities

We legislated for a presumption against short sentences of three months or less in order to end the revolving door of reoffending. We will maintain funding in the Community Justice Services budget in 2012-13 to provide local authorities with stability as they continue to implement the new community payback order and as we assess how the new measures are being used.

The new community payback orders are tougher and swifter than previous measures and address the underlying causes of offending as well as forcing offenders to pay back to the communities they have harmed through unpaid work.

Ensuring that serious and dangerous offenders are off our streets

Prison will always be the right place for serious and dangerous offenders. We are committed to ensuring that our prison estate is fit-for-purpose and provides a humane regime capable of contributing to maintaining public safety and reducing reoffending.

HMP Low Moss will open by the end of 2011-12 and the redevelopment work at HMP Shotts will be completed in 2012-13. The construction of HMP Grampian will commence and be completed during this period and further work will be undertaken on the modernisation of the remainder of the prison estate. A site will be acquired for HMP Highland, work will commence on constructing HMP Inverclyde and modernising the female prison estate. Work will also be taken forward to plan the replacement of HMP Barlinnie beyond this Spending Review period.

In 2012-13 we will invest £400.6 million in the Scottish Prison Service.

Continuing to invest in the Justice Estate

During 2012-13, work will continue on the Scottish Crime Campus at Gartcosh and the redevelopment of the Parliament House complex to provide fit-for-purpose and more accessible facilities for the Court of Session.

In 2012-13 we will invest £25.9 million in the Scottish Crime Campus and £7.5 million in Parliament House.

Ensuring access to justice

Our Programme for Government sets out the Government's intention to maintain and improve access to justice in the current economic climate. We will set out shortly a series of carefully assessed planned reforms to legal aid which will, over the Spending Review period, take costs to a sustainable level, while maintaining as much as possible a system that enables people who could not otherwise pursue or defend their rights to do so.

Those reforms will include: legislation to require accused persons in criminal cases to contribute towards the costs of their defence where they are able to do so; changes to fee structures for solicitors and advocates; the development of new models of procuring and delivering legal services; reductions in expenditure on outlays and reports; and measures to ensure that legal aid is targeted on cases where other sources of support are not reasonably available, and the nature of the case justifies public funds being used.

Even with such reforms, the legal aid system faces considerable pressures, including potential costs arising from judgements such as that of the UK Supreme Court in Cadder.

In 2012-13 we will invest £11.7 million in the grant funding of the Scottish Legal Aid Board, to administer the legal aid system and protect taxpayers' interests, help ensure access to justice and support the justice system.

Ensuring an efficient and responsive courts and tribunals system

We will continue to work with the Scottish Court Service, which is an independent body, accountable to a Board chaired by the Lord President, to support the effective and efficient operation of Scotland's courts and the Office of the Public Guardian. Through the Making Justice Work programme, the Scottish Government, the Scottish Court Service, and other justice partners will drive forward reforms to the structures and processes of the courts. The programme will include a range of measures to improve efficiency, including use of video technology to reduce costs and save time, and steps to ensure that cases go ahead when planned, with less inconvenience to witnesses and fewer police hours wasted. Subject to parliamentary approval, the creation of the Civil Justice Council will support implementation of Lord Gill's major reforms to the civil courts, which will ensure that cases are managed effectively and at the right level.

We will review the level of fees charged towards the cost of accessing the courts and Public Guardian services, consistent with a policy that fees should recover the costs to public funds of providing these services.

The Scottish Tribunals Service will take forward, as part of Making Justice Work, the integration of Scottish tribunals to deliver a more efficient and responsive service.

In 2012-13 we will invest £77 million in the Scottish Court Service and £11.8 million in the Scottish Tribunals Service.

Spending Plans

Table 10.1: Spending plans (Level 2)

2011-12
Budget
£m
2012-13
Draft Budget
£m
2013-14
Plans
£m
2014-15
Plans
£m
Community Justice Services30.331.331.832.3
Courts, Judiciary and Scottish Tribunals Service50.052.451.450.9
Criminal Injuries Compensation25.525.520.517.5
Scottish Resilience18.317.917.717.8
Legal Aid
154.1155.8149.3142.8
Police Central Government210.4242.4236.9165.5
Drugs and Community Safety35.338.338.339.3
Police and Fire Pensions273.5281.9291.8309.8
Scottish Prison Service365.5400.6364.5378.7
Miscellaneous
18.217.916.216.8
Scottish Court Service79.977.073.469.5
Office of the Scottish Charity Regulator3.33.13.03.0
Total Justice1,264.31,344.11,294.81,243.9
of which
DEL Resource
1,193.41,231.71,244.61,223.6
DEL Capital
70.9112.450.220.3
AME
----
Central Government Grants to Local Authorities*587.0566.8566.8566.8

*The 2011-12 budget total includes Fire Capital Grant, which is excluded from subsequent years on the table above, as the split between Support for Capital and Specific Capital Grants is to be agreed in discussion between the Scottish Government and COSLA. The allocation for the Fire Capital Grant will be confirmed in the 2012-13 Local Government Finance Circular which will be issued in December 2011.

Table 10.2: Spending plans (Level 2 real terms) at 2011-12 prices

2011-12
Budget
£m
2012-13
Draft Budget
£m
2013-14
Plans
£m
2014-15
Plans
£m
Community Justice Services30.330.530.229.9
Courts, Judiciary and Tribunals Support50.051.148.847.1
Criminal Injuries Compensation25.524.919.516.2
Scottish Resilience18.317.516.816.5
Legal Aid
154.1152.0141.8132.1
Police Central Government210.4236.5225.0153.1
Drugs and Community Safety35.337.436.436.4
Police and Fire Pensions273.5275.0277.2286.5
Scottish Prison Service365.5390.9346.4350.2
Miscellaneous
18.217.515.415.5
Scottish Court Service79.975.169.764.3
Office of the Scottish Charity Regulator3.33.02.82.8
Total Justice1,264.31,311.431,230.01,150.6
of which
DEL Resource
1,193.41,201.71,182.31,131.8
DEL Capital
70.9109.747.718.8
AME
----
Central Government Grants to Local Authorities*587.0553.0538.4524.3

*The 2011-12 budget total includes Fire Capital Grant, which is excluded from subsequent years on the table above, as the split between Support for Capital and Specific Capital Grants is to be agreed in discussion between the Scottish Government and COSLA. The allocation for the Fire Capital Grant will be confirmed in the 2012-13 Local Government Finance Circular which will be issued in December 2011.

Community Justice Services

Table 10.3: More detailed categories of spending (Level 3)

2011-12
Budget
£m
2012-13
Draft Budget
£m
2013-14
Plans
£m
2014-15
Plans
£m
Offender Services23.824.825.325.8
Victim/Witness Support5.65.65.65.6
Miscellaneous
0.90.90.90.9
Total30.331.331.832.3
of which
DEL Resource
30.331.331.832.3
DEL Capital
----
AME
----

What the Budget Does

This programme provides funding for: electronic monitoring of offenders ( e.g. through Restriction of Liberty Orders) across Scotland; non local government spend on Drug and Youth Courts; supporting the Multi Agency Public Protection Arrangements (MAPPA)

in relation to sex offenders and restricted patients; covering the running costs of Community Justice Authorities; section 10 funding of voluntary organisations operating in the criminal justice social work field; implementation of measures that assist victims of crime, including funding for support of organisations such as Victim Support Scotland, and improving support for vulnerable witnesses, including provision of equipment to visually record joint investigative interviews with child witnesses in serious cases. These resources are in addition to resources for the support of community justice services provided by local authorities.

In 2012-13 we will focus our resources on:

  • Supporting initiatives to address the cycle of repeat offending through our Reducing Reoffending Change Fund.
  • Implementation of community payback orders.
  • Work to address the female prison population.
  • Supporting third sector organisations that work with victims and witnesses, including Victim Support Scotland.
  • Preparing for a victims' rights Bill during this Parliament.

Courts, Judiciary and Scottish Tribunals Service

Table 10.4: More detailed categories of spending (Level 3)

2011-12
Budget
£m
2012-13
Draft Budget
£m
2013-14
Plans
£m
2014-15
Plans
£m
Courts, Judiciary and Scottish Tribunals Service20.2---
Judicial costs
010.810.310.0
Scottish Tribunals Service011.810.810.3
Judicial Salaries *29.829.830.330.6
Total50.052.451.450.9
of which
DEL Resource
50.052.451.450.9
DEL Capital
----
AME
----

* 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 funding for courts provides for the Scottish Government contribution to the superannuation costs of the judiciary, and for the running costs of a number of justice agencies, such as the Judicial Appointments Board for Scotland. The Scottish Tribunals Service provides support to a range of tribunals operating in Scotland.

In 2012-13 we will focus our resources on:

  • Providing a more efficient and effective service to scottish tribunals supported by the Scottish Tribunals Service.
  • Ensuring an independent and effective judiciary and timely and appropriate judicial appointments.
  • Developing the Scottish Tribunals Service through the proposed Tribunals (Scotland) Bill and the potential devolution of powers from the UK Government.

Criminal Injuries Compensation

Table 10.5: More detailed categories of spending (Level 3)

2011-12
Budget
£m

2012-13
Draft

Budget
£m

2013-14
Plans
£m
2014-15
Plans
£m

Administration Costs

2.7

2.7

2.7

2.7

CIC Scheme

22.8

22.8

17.8

14.8

Total

25.5

25.5

20.5

17.5

of which
DEL Resource

25.5

25.5

20.5

17.5

DEL Capital

-

-

-

-

AME

-

-

-

-

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 Government contribution to the scheme which is determined by a Memorandum of Understanding with the Ministry of Justice. The current scottish contribution is 10.9 per cent. CICAP is administered as part of the HM Courts and Tribunals Service, an Executive Agency of the Ministry of Justice.

In 2012-13 we will focus our resources on:

  • Maintaining support to blameless victims of violent crime.

Scottish Resilience

Table 10.6: More detailed categories of spending (Level 3)

2011-12
Budget
£m
2012-13
Draft Budget
£m
2013-14
Plans
£m
2014-15
Plans
£m
Scottish Fire Services College6.56.16.05.9
Firelink
4.54.75.15.3
Other Functions7.37.16.66.6
Total18.317.917.717.8
of which
DEL Resource
18.017.717.517.6
DEL Capital
0.30.20.20.2
AME
----

What the Budget Does

Scottish Resilience provides practical support for the front-line agencies that deliver fire and rescue services and emergency planning and response as well as advice to Ministers on all aspects of fire and rescue services and civil contingencies.

In 2012-13 we will focus our resources on:

  • Working in partnership with the fire and rescue services to implement a single fire and rescue service for Scotland.
  • Supporting the fire and rescue services to deliver a more targeted, holistic and multi-agency approach to community fire safety in partnership with other stakeholders.
  • Continuing to support the training needs of our firefighters.
  • Investing in a resilient telecommunication system for our eight Strategic Coordinating Groups (SCGs) designed to function should the main networks fail.
  • Supporting effective government and multi-agency response to emergencies through provision of SCG coordination capacity, multi-agency training & development and the delivery of policy and doctrine supporting national and community resilience.
  • Continuing to fund Firelink, a highly resilient telecommunications platform for mobilising to and managing incidents.

Legal Aid

Table 10.7: More detailed categories of spending (Level 3)

2011-12
Budget
£m
2012-13
Draft Budget
£m
2013-14
Plans
£m
2014-15
Plans
£m
Administration
11.811.711.210.7
Fund
142.3*144.1138.1132.1
Total154.1155.8149.3142.8
of which
DEL Resource
153.9155.7149.2142.7
DEL Capital
0.20.10.10.1
AME
----

*The Fund figure for 2011-12 includes £368k for Depreciation which has been subsequently moved to the Administration budget, at a reduced level (£238k). These monies cannot be used by the Board for its running costs.

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 and has responsibility for the settlement of all legal aid accounts. In addition, the Board funds a range of specialist legal advice services, including in-court advisers. The Board also employs solicitors under Part V of the 1986 Act to provide a service that complements existing advice provision and helps address unmet legal need in relation to matters dealt with under civil legal assistance. Finally, the Board delivers criminal legal advice and representation to accused persons through its funding of the Public Defence Solicitors Office network.

In 2012-13 we will focus our resources on:

  • Maintaining access to justice as much as possible, focusing on those most in need.
  • Ensuring that legal aid expenditure supports the efficient operation of the wider justice system.

Police Central Government

Table 10.8: More detailed categories of spending (Level 3)

2011-12
Budget
£m
2012-13
Draft Budget
£m
2013-14
Plans
£m
2014-15
Plans
£m
Police Support Services112.2119.8111.789.0
National Police Funding and Reform98.2122.6125.276.5
Total210.4242.4236.9165.5
of which
DEL Resource
197.9214.3215.5162.0
DEL Capital
12.528.121.43.5
AME
----

What the Budget Does

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

Police Support Services - including:

  • Centrally provided resources for the Scottish Police Services Authority (SPSA) which provides common police services such as training, ICT, forensics and criminal records.
  • Centrally provided resources for the Scottish Crime and Drug Enforcement Agency (SCDEA).
  • Building the new Scottish Crime Campus at Gartcosh.

National Police Funding and Reform - including:

  • Funding for the additional 1,000 police officers.
  • Police Information and Communications Technology.
  • Counter Terrorism.
  • The Police Complaints Commissioner for Scotland.
  • Miscellaneous expenditure, including payments to the Home Office for services provided on an GB or UK basis ( e.g. National Police Improvement Agency).
  • The Scottish Safety Camera Programme.

In 2012-13 we will focus our resources on:

  • Maintaining our commitment to 1,000 additional police officers in Scotland's communities.
  • Supporting the SPSA and SCDEA.
  • Development of the Scottish Crime Campus at Gartcosh.
  • Preparing for the establishment of single services in police and fire in 2013-14.

Drugs And Community Safety

Table 10.9: More detailed categories of spending (Level 3)

2011-12
Budget
£m
2012-13
Draft Budget
£m
2013-14
Plans
£m
2014-15
Plans
£m
Community Safety3.46.46.47.4
Drug Misuse
31.931.931.931.9
Total35.338.338.339.3
of which
DEL Resource
35.338.338.339.3
DEL Capital
----
AME
----

What the Budget Does

The bulk of this budget is provided to the NHS for Alcohol and Drug Partnerships to provide services to promote recovery from drug addiction. This budget also supports the strategic operation of Alcohol and Drug Partnerships and Community Safety Partnerships, along with a range of initiatives to tackle sectarianism, drug problems, crime and antisocial behaviour.

At a Budget Revision stage the Drugs and Community Safety budget will be increased to include funds recovered under the Proceeds of Crime Act. Ministers will use this to invest in positive opportunities for young people and divert them from crime and antisocial behaviour.

In 2012-13 we will focus our resources on:

  • Creating a sectarian-free Scotland which is inclusive, fair and celebrates the positive identity of our many diverse communities; tackling sectarian behaviour through the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill; and more focused activity at grassroots community level and around specific areas like football.
  • Reducing problem drug use by supporting people to recover from drug problems and sustain recovery in our communities.
  • Reducing crime, violence and antisocial behaviour by tackling its root causes including rolling out No Knives Better Lives, funding anti violence initiatives, promoting positive behaviour and building strong and resilient communities.
  • Continuing to develop and grow the CashBack for Communities programme to provide positive opportunities for our young people.

Police And Fire Pensions

Table 10.10: More detailed categories of spending (Level 3)

2011-12
Budget
£m
2012-13
Draft Budget
£m
2013-14
Plans
£m
2014-15
Plans
£m
Police Pensions217.3222.6231.0249.6
Fire Pensions
56.259.360.860.2
Total273.5281.9291.8309.8
of which
DEL Resource
273.5281.9291.8309.8
DEL Capital
----
AME
----

What the Budget Does

This budget provides funding to police and fire authorities to meet the pension costs of retired police and fire officers.

The figure for 2011-12 includes £6.2m for police injury benefits payments which was subsequently moved to overall police funding.

Scottish Prison Service

Table 10.11: More detailed categories of spending (Level 3)

2011-12
Budget
£m
2012-13
Draft Budget
£m
2013-14
Plans
£m
2014-15
Plans
£m
Current expenditure318.0325.1342.0366.2
Capital spending47.575.522.512.5
Total365.5400.6364.5378.7
of which
DEL Resource
318.0325.1342.0366.2
DEL Capital
47.575.522.512.5
AME
----

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 Government and is answerable to the Cabinet Secretary for Justice.

In 2012-13 we will focus our resources on:

  • Opening HMP Low Moss, which will provide 700 prisoner places.
  • Opening the second phase of the redevelopment of HMP Shotts.
  • Taking forward the construction of HMP Grampian.
  • Working with Community Justice Authorities and other partners to reduce the risk of prisoners reoffending on release from custody.

Miscellaneous

Table 10.12: More detailed categories of spending (Level 3)

2011-12
Budget
£m
2012-13
Draft Budget
£m
2013-14
Plans
£m
2014-15
Plans
£m
Residential Accommodation for Children3.55.55.55.5
Other Miscellaneous14.712.410.711.3
Total18.217.916.216.8
of which
DEL Resource
18.217.916.216.8
DEL Capital
----
AME
----

What the Budget Does

This budget covers a wide range of smaller justice related spending areas such as residential accommodation for children, Parole Board for Scotland, Scottish Law Commission, Scottish Criminal Cases Review Commission and the Risk Management Authority.

It also includes provision for Her Majesty's Inspectorate of Prisons for Scotland and Her Majesty's Inspectorate of Constabulary for Scotland.

Scottish Court Service

Table 10.13: More detailed categories of spending (Level 3)

2011-12
Budget
£m
2012-13
Draft Budget
£m
2013-14
Plans
£m
2014-15
Plans
£m
Operating Expenditure69.568.567.465.5
Capital
10.48.56.04.0
Total79.977.073.469.5
of which
DEL Resource
69.568.567.465.5
DEL Capital
10.48.56.04.0
AME
----

What the Budget Does

The Scottish Court Service (SCS) provides the people, buildings and technology to support the operation of the courts throughout Scotland and the Office of Public Guardian (OPG).

The budget allows for the funding of core operating costs (excluding judicial salaries) and covers the running, maintenance and development of court buildings, the employment of around 1,500 staff and court operational costs such as jurors' expenses.

The budget from 2012-13 includes a transfer of £0.47m/0.46m/0.45m from the Miscellaneous (Level 2) line in respect of lay justice training, appraisal and related matters which are now the responsibility of SCS.

In 2012-13 we will focus our resources to work with the judicially-led SCS on:

  • Balancing the demands on the courts with the available staffing and capacity.
  • Developing reforms to the structure and processes of the court through Making Justice Work.
  • Working with other justice bodies to deliver a more efficient and lower-cost criminal justice system.
  • Enhancing the use of technology in how services are delivered.
  • Reviewing the level of court fees which offset the costs to public funds of providing civil justice and OPG services.
  • Continuing the essential redevelopment of the historic Parliament House court complex.
  • Reviewing the distribution of business across the wider court estate.

Office of the Scottish Charity Regulator

Table 10.14: More detailed categories of spending (Level 3)

2011-12
Budget
£m
2012-13
Draft Budget
£m
2013-14
Plans
£m
2014-15
Plans
£m
Office of the Scottish Charity Regulator3.33.13.03.0
Total3.33.13.03.0
of which
DEL Resource
3.33.13.03.0
DEL Capital
----
AME
----

What the budget does

The Office of the Scottish Charity Regulator (OSCR) is the independent registrar and regulator for Scottish charities. It has a statutory function to determine the charitable status of bodies, keep the public register of charities (the definitive on-line register contains details of over 23,500 charities), to encourage, facilitate and monitor compliance by charities, and to identify and investigate apparent misconduct in the administration of charities, taking remedial or protective action as appropriate. OSCR also has a duty to give information or advice, or to make proposals, to Scottish Ministers on matters relating to OSCR's functions.

OSCR is a Non-Ministerial Department, and was created in April 2006 in accordance with the requirement of the Charities and Trustee Investment (Scotland) Act 2005.

In 2012-13, we will focus our resources on:

  • Introducing more extensive on-line services for charities and the public, building on earlier capital investment.
  • Improving the long term sustainability of the charity sector by developing greater competence and better governance in the sector, primarily through our outreach programme.
  • Further developing modern, effective, risk based regulation by evaluating and reviewing our comprehensive monitoring programmes.

Central Government Grants To Local Authorities

Table 10.15: More detailed spending plans (Level 3) (1).

2011-12
Budget
£m
2012-13
Draft Budget
£m
2013-14
Plans
£m
2014-15
Plans
£m
Police Grant (2)(3)489.7480.3480.3480.3
Criminal Justice Social Work86.586.586.586.5
Fire Capital Grant20.2tbctbctbc
Total596.4tbctbctbc
of which
DEL Resource
576.2566.8566.8566.8
DEL Capital (4)20.2tbctbctbc
AME
----

Notes :
(1) These figures currently include funding for police and fire which will be removed from the local government finance total under the planned reform.
(2) Does not include police loan charges (£9m) which are also provided as part of the Local Government Settlement.
(3) The figures for 2011-12 shown in this document are the original planned figures from 2011-12 Draft Budget - the police grant figure agreed as part of the 2011-12 Budget Bill was £480.3m.
(4) The split between Support for Capital and Specific Capital Grants is yet to be agreed in discussion between the Scottish Government and COSLA. The allocation for the Fire Capital Grant will be confirmed in the 2012-13 Local Government Finance Circular which will be issued in December 2011.

What the Budget Does

Following the Concordat agreement between the Scottish Government and local authorities, most of the previous budget for ring-fenced grant was added to the budget for general support to local authorities. This table shows the three remaining areas where there are ring-fenced grants to local authorities (or similar bodies) for justice purposes.

Police Grant

In 2012-13, we will maintain the level of funding currently available to police authorities and joint police boards through Central Government Police Grant (£480.3 million). The remainder of the funding for police authorities and joint police boards is funded by local authorities from General Revenue Grant (historically approximately 49 per cent of total police budget).

Maintaining the level of the Central Government Police Grant, an agreement from COSLA that individual local authorities will pass on their share of the agreed level of funding to allow Police Boards to maintain police officers at at least 17,234, together with the funding provided to forces through the Police Central Government budget, will enable our commitment to maintain the 1,000 additional officers to be met.

Criminal Justice Social Work

This funding goes to local authorities through Community Justice Authorities and is ring-fenced for spend on criminal justice social work. These amounts, along with the budgets for Community Justice Services, fund the criminal justice social work

interventions and statutory monitoring undertaken by local authorities. The funding assists local authorities in reducing reoffending in their local areas and helps create a safer and stronger Scotland. This money helps fund community sentences, including the community payback order, which is a robust, community-based sentence introduced as an alternative to custody for low level offenders.

Fire Capital Grant

The Fire Capital Grant is a ring-fenced grant that forms part of the local government settlement. It funds local priorities including maintenance of and investment in each of the fire and rescue services' equipment and properties, and is also used for investment in national fire and rescue priorities such as resilience and training facilities.