The Restitution Fund (Scotland) Order 2025: equality impact assessment

Background

Restitution Orders are a financial penalty available to the courts for those convicted of assault on police (under section 90(1) of the Police and Fire Reform (Scotland) Act 2012). Restitution orders are provided for in section 25 of the Victims and Witnesses (Scotland) Act 2014.

A Restitution Order means that offenders can be required to contribute towards the cost of support services for police officers and police staff (and other specified persons) who are victims of such assault.

Monies received from Restitution Orders will be paid into the Restitution Fund, which will then be used to provide support services for victims of such assaults. The Fund will be used to support both physical and mental health and wellbeing.

Police officers and custody officers are those most likely to be victims of police assault. For most, support such as that offered by the Police Treatment Centres is expected to be appropriate. However, to ensure appropriate support is available for all those who are eligible, it will be possible to apply for support services to meet individual needs (eg a different type of support, setting or location).

In 2018, a working group including key stakeholders (Police Scotland, Scottish Police Federation Association of Scottish Police Superintendents, Police Benevolent Fund, Police Treatment Centres, Police Staff Trade Unions, Unison and Unite) discussed issues relating to the operation of the Fund, including ensuring that all those eligible could potentially access support services.