- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive, when considering plea bargains, what emphasis is placed on the sentence, particularly in domestic abuse cases, in order to give comfort to victims who are also witnesses so that they know that they have been believed.
Answer
Procurators fiscal have a duty to consider all pleas of guilty offered by the defence and to accept them where it is in the public interest to do so. The likely sentence is one factor in the process of considering whether to accept any pleas which the accused is prepared to offer. Other factors, include, the nature and gravity of the offences libelled, the views of the victim, where known, and the effect of adjusted pleas in avoiding the attendance and testimony of witnesses.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive what the criteria are for the Victims Advice and Information service to contact family members in the case of a domestic abuse situation.
Answer
All victims of domestic abuse are referred to Victim Information and Advice (VIA) where proceedings are taken. VIA staff provide information to victims of domestic abuse following any key court hearings and when there is any other significant progress in a case. This includes:
dates of court hearings;
decisions made about bail;
trial verdicts;
sentencing, and
the outcome of any appeal.
In domestic abuse cases VIA will notify victims of the outcome of the case, where the accused is granted of any bail and the terms of any special bail conditions on the same day or within 24 hours of the accused appearing in court. Where an accused has been released from custody and VIA has been unable to contact the victim, the police will be asked to do so.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive for what reason the age at which children are able to receive information in their own right on cases where they are victims differs from the age of criminal responsibility.
Answer
In considering the age at which it was appropriate for Victim Information and Advice (VIA) to send information on case progress direct to children and young people in their own right, Crown Office and Procurator Fiscal Service consulted with the Children''s Commissioner. This is also consistent with the Vulnerable Witness (Scotland) Act 2004 which presumes that a child witness is of sufficient age and maturity to form a view on special measures if aged 12 or older.
It should be noted that the proposed changes to the age of criminal responsibility will harmonise this.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive when considering plea bargains, what emphasis is placed on the sentence, particularly in domestic abuse cases, in order to give comfort to victims who are also witnesses so that they know society and the legal system will not tolerate domestic abuse.
Answer
The possible sentence is one of many factors the Procurator Fiscal considers in deciding whether to accept any plea which the accused is prepared to offer. A plea will only be accepted when it is considered to be in the public interest to do so.
There is a joint protocol between the Association of Chief Police Officers in Scotland (ACPOS) and the Crown Office and Procurator Fiscal Service (COPFS). The protocol stresses the seriousness of domestic abuse and includes the presumption in favour of prosecuting all cases of domestic abuse which involve violence against the victim where there is sufficient evidence in law to prosecute.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive what steps it has taken to ensure that when an individual is prosecuted for domestic abuse they do not inadvertently become a victim of abuse.
Answer
In dealing with domestic abuse cases, the police and Crown Office and Procurator Fiscal Service are committed to identifying best practice and obtaining consistency of approach in the investigation reporting and prosecution of these cases, with a view to improving the service that is provided to the public.
The Procurator Fiscal will consider all the circumstances of the case before deciding whether it is in the public interest to prosecute or, in exceptional cases, to take other action.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive what steps it will take to ensure that victims who are also witnesses receive the same information regarding possible plea bargains as victims who are not witnesses.
Answer
Procurators fiscal have a duty to consider all pleas of guilty offered by the defence and to accept them where it is in the public interest to do so. The views of the victim may, where known, be taken into account at the discretion of the Procurator Fiscal as one factor in the process of considering whether to accept any pleas which the accused is prepared to offer.
Victims receive the same level of information regardless of whether they are cited to give evidence at trial.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 07 April 2009
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Current Status:
Answered by Frank Mulholland on 8 May 2009
To ask the Scottish Executive for what reason the age at which children are able to receive information in their own right on cases where they are witnesses differs from the age of criminal responsibility.
Answer
In considering the age at which it was appropriate for Victim Information and Advice (VIA) to send information on case progress direct to children and young people in their own right, Crown Office and Procurator Fiscal Service consulted with the Children''s Commissioner. This is also consistent with the Vulnerable Witness (Scotland) Act 2004 which presumes that a child witness is of sufficient age and maturity to form a view on special measures if aged 12 or older.
It should be noted that the proposed changes to the age of criminal responsibility will harmonise this.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 28 April 2009
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Current Status:
Answered by Nicola Sturgeon on 7 May 2009
To ask the Scottish Executive what patient transport is available for people who are unable to use their own transport on medical grounds and do not have access to public transport.
Answer
I refer the member to the answer to question S3W-19699 on 21 January 2009. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at
http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 28 April 2009
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Current Status:
Answered by Nicola Sturgeon on 7 May 2009
To ask the Scottish Executive whether patients who require a family member to escort them to hospital are eligible for patient transport services.
Answer
The Scottish Ambulance Service (SAS) have a clear policy on relative or carer eligibility for travel with patients. A relative or a carer will be able to escort a patient where the patient is a child or if the patient''s clinical condition is such that they require constant attention. Should a patient require an escort to travel with them and if they fit this criteria, which will be established following a medical assessment, then the ambulance service will make every effort to accommodate the request.
- Asked by: Rhoda Grant, MSP for Highlands and Islands, Scottish Labour
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Date lodged: Tuesday, 28 April 2009
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Current Status:
Answered by Nicola Sturgeon on 7 May 2009
To ask the Scottish Executive whether it considers it in keeping with patient confidentiality that patients accessing patient transport services are required to discuss their conditions with staff administering such schemes.
Answer
Yes. As decisions about access to the Scottish Ambulance Service Patient Transport Service are made on the basis of medical eligibility, it is necessary for staff to seek the information required to establish this.
All NHS Employees, including those within the Scottish Ambulance Service, are bound by the NHS Scotland Code of Practice on Protecting Patient Confidentiality.