As set out in the Draft Business and Regulatory Impact Assessment, which was published on 20 June in conjunction with the consultation paper on the introduction of new legislation on the sale and use of fireworks in Scotland, and tackling the misuse of pyrotechnics Police Scotland has been a key driver in requesting the proposed offence and related stop and search power for pyrotechnics.

The new offence provisions will require Police Scotland to refresh their guidance on stop and search and pyrotechnics that is currently in place for their officers. Police Scotland has confirmed that there will be no additional resources required. Similar powers already exist for a person having an offensive weapon or dangerous instrument with them in a public place without reasonable excuse or lawful authority and it is anticipated that the proposed new offence will be enforced in a similar manner. In due course it is hoped that the new offence and stop and search power for pyrotechnics will make our communities safer and reduce public disorder thereby reducing the number of police operations.

The Scottish Government is working constructively and collaboratively with the Law Society of Scotland, the Scottish Solicitors Bar Association and representatives of several bar associations to co-design and deliver a wide range of measures in recognition of the important role in the Justice system of vital legal aid services in Scotland as we emerge and recover from the pandemic.

As well as delivering the first stage of an uplift to legal aid fees of more than 10% over the next two years, the Scottish Government is providing up to £1 million over the next 2 years to support 40 legal aid traineeship posts. The Legal Aid Traineeship fund will increase the capacity and capability of the legal aid profession in Scotland by providing employment and training opportunities. The funding also aims to increase diversity and equality within the legal profession by the recruitment and retention of trainees from under-represented groups across the legal profession including people with a disability, from minority ethnic communities or from socio-economically disadvantaged backgrounds.

The Scottish Government recognises the impact that periods of imprisonment, including time on remand, can have on families. That is why we are committed to reducing the use of short-term imprisonment, including remand and increasing the use of community-based interventions.

SPS are committed to ensuring that people in prison are able to maintain contact with their family during their time in custody. The SPS Family Strategy puts families and family contact at the heart of supporting prisoners during their time in custody. The Strategy doesn’t differentiate between convicted or remand prisoners and recognises the positive contribution that close family contact and involvement can make in supporting the reintegration of prisoners back into the community.

SPS support family contact during a person's time in custody - including on remand - in a number of ways. This includes in-cell telephony, letters and family contact through visits. Under the Prison Rules, those remanded have a greater visits entitlement than those convicted. Remand prisoners have the opportunity of access to daily family visits in prisons holding remand prisoners.

The Scottish Government has provided £3.9m in grant funding for Prison Visitors Centres since 2016/17. Visitors Centres provide a range of support for families and work in partnership with other organisations to make referrals to more specialist advice and support services for things including financial support, childcare, housing support and welfare counselling. This is in addition to £138k p.a. provided to Families Outside, an organisation which supports families affected by imprisonment so that they can readily access appropriate information and support at a time they need it.

We will continue to work with partners to develop approaches in this area, learning from those with lived experience.

We recognise the importance of ensuring that support is available to people leaving custody, including those who have served a period on remand, to enable their reintegration. We know that short periods of imprisonment are not effective and don't address the underlying causes of offending and that is why this Government is committed to reducing the use of short sentences and remand.

For those individuals who do serve a period of remand, the Scottish Prison Service have a range of measures in place to support them during their time in custody and on release. This includes an initial induction process which assesses needs including general welfare, mental health and addiction so that support can be put in place for them during their time in custody. This is further supplemented by support for family contact, provision of housing advice (where needed), access to work and wage earning where appropriate and possible and access to social services through prison Links Centres to deal with immediate concerns regarding social issues.

It is recognised that circumstances where individuals are liberated from a period on remand straight from court can be challenging in terms of linking with local services. To support this, SPS have agreed with GEOAmey that they will provide liberation packs to those released at courts (including those who have been held on remand). These information packs are specific to the local area within which the individual is being liberated.

Specifically for women held on remand, the Shine PSP, funded by Scottish Government, provides support in the lead up to their liberation and beyond.

We will continue to work with partners to explore how we can improve support for people leaving remand.

As a general principle, home owners are responsible for work to their own homes to ensure they meet housing standards. However, recognising that some home owners - particularly older and disabled owners on low incomes - may face difficulty in meeting the new standard, we are considering what additional support is required and we will announce our next steps in due course.

The Scottish Government does not hold the requested information. The member may wish to redirect their question to Police Scotland who may have data on specific types of scams and rogue traders.

Criminal justice social work statistics show that there were 16,700 CPOs imposed in 2019-20 and of these, 70% had an unpaid work or other activity requirement. While unpaid work or other activity is the most common requirement imposed by the courts, there are eight other requirements that can be given as part of a CPO.

National criminal justice statistics are published annually which include information on the proportion of CPOs with unpaid work or other activity requirements. While the relevant statistics are monitored and analysed on an ongoing basis, the proportion of requirements imposed is a result of decisions taken by the independent courts.

It is up to the independent sentencing judge to decide the most appropriate sentence, including which requirements are most appropriate, based on all of the circumstances of the case – for example, the nature of the crime, information contained in the criminal justice social work report and what is most likely to prevent the individual from reoffending.

In certain circumstances, the court may consider that an order without an unpaid work requirement is the most appropriate sentence to address the offending behaviour and its causes. This is particularly the case where an individual has more complex risks and needs that need to be addressed and unpaid work may not be suitable.

An order without unpaid work must have supervision and may include specific requirements in relation to treatment of alcohol, drugs or mental health or a programme requirement such as the Caledonian programme. Conduct, residence and compensation requirements can also be imposed.

While the proportion of CPOs with an unpaid work or other activity requirement has declined in recent years, the proportion of orders with supervision requirements has increased over the same period. This suggests the needs and issues to be addressed may be more complex and for some unpaid work will not be suitable or appropriate.

The completion rate for Community Payback Orders (CPOs) has generally been around 70% over the last seven years. This is consistently higher than for the orders they replaced.

There are a range of factors which can influence the likelihood that an order will be successfully completed. In particular, outcomes are likely to be influenced by the nature of the offending behaviour and individuals’ underlying risks and needs. The proportion of orders with an offender supervision requirement rose to 62% in 2019-20, the highest level in the last five years. Greater use of supervision suggests that individuals have more complex and entrenched issues to address and may have greater likelihood of reoffending.

Local authorities are responsible for delivering CPOs and, notwithstanding the factors noted above, we are continuing to work with national and local partners to help ensure orders are implemented as effectively as possible, and that completion rates are as high as they can be. Specifically, effective practice and improvement is supported by:

Community Payback Order Practice Guidance for practitioners

• a programme of scrutiny and assurance work carried out by the Care Inspectorate, funded by Scottish Government
• ongoing training and support from national partners, including Community Justice Scotland, Social Work Scotland, and Scottish Government
• analysis of statistics which are disaggregated by local authority areas, practice support groups organised by Social Work Scotland, area based CPO annual reports and an annual CPO report prepared by Community Justice Scotland

In addition, the Scottish Government has protected record levels of funding with up to £106 million allocated in 2020-21 to local authorities for the delivery of justice social work services. An additional £11.8 million has been provided this year to support justice social work recovery relating to the impact of coronavirus, which had a significant impact on the delivery of CPOs.

When an unpaid work or other activity requirement is imposed by the court as part of a Community Payback Order, the management and delivery of that requirement – including determining what work is to be carried out - is the responsibility of the relevant local authority. There are a number of factors for local authority social work staff and unpaid work managers to consider when arranging unpaid work. Planning and assessment is informed by national Community Payback Order Practice Guidance and, while there is no prescribed list of activities, the guidance makes clear that activities should be appropriate to unpaid work taking account of a number of considerations.

Unpaid work schemes should make placements available across a wide range of work settings and types of activity and have regard to the circumstances and circumstances of the individual (such as employment, education, caring responsibilities, health, equality and diversity issues). For example, work which does not involve significant physical exertion may be the only appropriate option for some individuals (including for health-related reasons).

Unpaid work has a strong focus on reparation and providing opportunities to make amends and prevent reoffending though strengthening relationships with the community, and through developing useful skills. Justice social work staff and unpaid work managers in local areas are best placed to determine what unpaid work is suitable, taking into account each individual’s particular circumstances, to help ensure that individuals complete their unpaid work hours in a way which benefits the community.

We welcome the publication of Audit Scotland’s report on community justice, and its intention to carry out further work in this vital area in 2022.

While sentencing decisions in individual cases are a matter for the independent courts, we are committed to encouraging more widespread use of community-based interventions where appropriate. These are often more effective at reducing re-offending, as Audit Scotland sets out, and for keeping our communities safe.

In addition to continued investment in community justice services, which will total more than £117m this year, Parliament agreed in 2019 to extend the presumption against short custodial sentences from 3 to 12 months. Although it is too early to determine the impact of the extension, the use of such sentences has fallen significantly in recent years, with those receiving a sentence of 12 months or less reducing by 13% in the most recent data between 2018-19 and 2019-20, whereas the number of convictions reduced by 4%.

Our firm focus on prevention and effective community interventions has helped see Scotland’s reconviction rate fall to its lowest level since comparable records began more than 20 years ago. We intend to continue building on progress to date, including through a review of the National Strategy for Community Justice, expanding availability of alternatives to custody, and exploring legislative opportunities for a sustainable reduction in the prison population.

We will consider the issues identified by Audit Scotland in its report, including as part of the review and expected refresh of the Community Justice strategy, which we anticipate will be published in 2022 alongside an update Outcomes, Performance and Improvement Framework.