Scottish Government

JUSTICE

Portfolio Responsibilities

The Justice portfolio plays a key role in supporting the achievement of our objective for a safer and stronger Scotland - helping local communities to flourish and to become stronger, safer places to live that offer improved opportunities and a better quality of life. It also contributes to our work to promote equality and to tackle disadvantage, prejudice and discrimination. The justice system seeks to punish offenders and discourage them from re-offending while protecting the rest of society. It provides an essential environment to pursuing sustainable economic growth and ensuring the benefits and opportunities of that growth are enjoyed by all.

The Justice portfolio has responsibility for:

• the development of civil and criminal laws which protect society, promote mutual respect and help us all to thrive;
• the administration of an effective, fair and efficient justice system, supported by an independent and valued legal profession;
• ensuring public safety through police, fire and community justice services, and co-ordinating preparation for potential civil emergencies;
• securing access to justice; and
• the effective and proportionate regulation of charities.

The Scottish Prison Service, Scottish Court Service and Accountant in Bankruptcy are Executive Agencies of the portfolio and central to delivering our priorities.

Summary Of Key Spending Priorities

The Justice portfolio is responsible for public spending totalling over £1 billion a year to safeguard society from harm and to ensure effective justice for all. This total includes several large blocks of expenditure that support the Police, Prison Service, Fire and Rescue Services, Legal Aid, the Court Service and charities regulation.

Chapter 9 set out the local government responsibilities for delivering national priorities and services relevant to the Justice portfolio through building communities, and tackling crime and antisocial behaviour.

The key priorities for the portfolio for 2009-10 are briefly described below:

• £21m for capital investment to support the ongoing development and modernisation of the Scottish Prison Service - this includes HMP Grampian which will replace HMP Peterhead and HMP Aberdeen; a new prison at Bishopbriggs; and replacement of prisons and facilities which are unfit for purpose;
• £9.7m to deliver Firelink, a modern digital radio communication system for our fire and rescue services. Firelink will provide enhanced resilience and better communication between individual fire and rescue services and will help our blue light services work together better;
• funds to the courts to create fit-for-purpose facilities for court users, improve service delivery and increase access to justice;
• making an additional 1,000 police officers available in our communities through increased recruitment, improved retention and redeployment - as part of that, we will invest £31.0m/39.5m in recruiting an additional 500 police officers by 2011;
• £32.0m to deliver better drug treatment and support services to promote recovery from drug addiction;
• £170.7m for legal aid, which, alongside substantial efficiency savings, will maintain access to justice in the context of a projected increase in serious criminal cases; and
• £162.6m for centrally funded police costs such as the Scottish Police Services Authority, the Scottish Crime and Drug Enforcement Agency, and other police support services.

Spending Plans for 2009-10 are set out below.

Table 5.01: Detailed spending plans (Level 2)

Notes:

1. Scottish Resilience is a new Level 2 expenditure category (See detail on page 78)

Table 5.02: Detailed spending plans (Level 2 real terms) at 2008-09 prices

Budget changes

Our spending plans include the following changes made since the publication of Draft Budget 2008-09:

• an additional £10/13/17m has been provided for Police Central Government to support further additional police recruitment; and
• £1.3/1.3/1.3m has been added to the Scottish Resilience budget following a transfer from the Administration portfolio of Direct Running Costs for staff and administration costs moving to programme; and
• A transfer of £10.0m from prisons capital to the Health and Wellbeing portfolio in 2009-10 to be repaid in 2010-11 in respect of the acceleration of the Affordable Housing Investment Programme adopted as part of a package of Scottish government actions to strengthen the Scottish economy (see page 52).

COMMUNITY JUSTICE SERVICES

Table 5.03: More detailed categories of spending (Level 3)

What the budget does

This programme provides funding for: electronic monitoring provisions by private sector contractor including Restriction of Liberty Order across Scotland; non local government spend on Drug and Youth Courts; implementing the provisions in the Management of Offenders etc. (Scotland) Act 2005 to set up multi-agency public protection arrangements in relation to sex offenders ( MAPPAS); 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; implementation of the Vulnerable Witnesses Act and associated projects that help meet the needs of child and vulnerable witnesses; and Victim Support Scotland (for headquarter costs and for local victim support and witness services). These resources are in addition to resources for the support of community justice services provided by local authorities, which are now included within the local government settlement.

In 2009-10, we will focus our resources on:

• continuing to improve the range and quality of the community penalties available to the courts;
• supporting initiatives to tackle the problems of youth crime, drug-related crime and women offenders; and
• improving the quality and targeting of support for victims and vulnerable witnesses.

COURTS GROUP

Table 5.04: More detailed categories of spending (Level 3)

Notes:

1. This spending provides for the Scottish Government contribution to the superannuation costs of the judiciary, for the fees to part-time judiciary, for the running costs of a number of small departments and other judicial expenses (training and travel etc).

2. 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

Courts Group has overall responsibility for financing the cost of the Judiciary. In 2009-10, we will focus our resources on tackling the backlog of work in the Appeal Court.

CRIMINAL INJURIES COMPENSATION

Table 5.05: More detailed categories of spending (Level 3)

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 10.91%. CICAP is administered as part of the Tribunals Service, an Executive Agency of the Ministry of Justice.

LEGAL AID

Table 5.06: More detailed categories of spending (Level 3)

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. The Board has responsibility for the granting of legal aid in all cases, except solemn criminal cases for which the courts decide (although provisions in the Legal Profession and Legal Aid (Scotland) Act 2007 which are scheduled to be commenced in 2008 will transfer this power to the Board for almost all solemn cases), some children's legal aid, and advice and assistance which is granted by solicitors. The Board employs solicitors under Part V of the 1986 Act to provide civil legal advice to other organisations, and in limited circumstances to the public, and to provide criminal legal advice and representation to accused persons through the Public Defence Solicitors Office network. The Board also has responsibility for the settlement of all accounts.

In 2009-10, we will focus our resources on continuing to modernise the legal aid system to ensure that it develops and delivers appropriate access to quality legal assistance for those eligible, including direct provision of advice where necessary to meet gaps in provision in particular subject or geographical areas, and operates in an efficient and effective manner, especially in underpinning the summary justice reforms.

MISCELLANEOUS

Table 5.07: More detailed categories of spending (Level 3)

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 Prisons Complaints Commission, Scottish Criminal Cases Review Commission and the Risk Management Authority.

In 2009-10, we will focus our resources on:

• covering the costs of keeping children who are ordered to be detained by the courts under sections 205(2) and 208 of the Criminal Procedure (Scotland) Act 1995 in secure accommodation.

POLICE CENTRAL GOVERNMENT

Table 5.08: More detailed categories of spending (Level 3)

What the budget does

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

• centrally provided costs for the Scottish Police Services Authority which provides common police services such as training, IT development and criminal records;
• centrally provided costs for the Scottish Crime and Drug Enforcement Agency;
• support for specific services and the staff and support costs of the Scottish Police Federation, Association of Chief Police Officers in Scotland and Association of Scottish Police Superintendents;
• the Police Complaints Commissioner for Scotland;
• other specific payments to police authorities, including for various security measures; and
• miscellaneous expenditure, including payments to the Home Office for services provided on a GB basis ( e.g. National Police Improvement Agency and Serious and Organised Crime Agency).

In 2009-10 we will focus our resources on supporting the SPSA, Police Associations, the Police Complaints Commissioner for Scotland and other specific payments to police authorities for various security measures and miscellaneous expenditure. We will also provide funding for a further tranche of additional officers in police forces.

Budget changes

Our spending plans include the following changes made since the publication of Draft Budget 2008-09:

• an additional £10/13/17m has been provided for Police Central Government to support further additional police recruitment. In 2008-09, this sum was raised by transferring £5m from E-Health and £3m from Transport (Roads) into Justice. The balancing £2m was found from reprofiling the Scottish Prison Service's operational budget.

DRUGS AND COMMUNITY SAFETY

Table 5.09: More detailed categories of spending (Level 3)

What the budget does

This budget funds a number of national and local initiatives promoting joint action against crime and antisocial behaviour. It also provides resources to Drug Action Teams, through Health Boards, to tackle drug misuse at a local level.

At the Budget Revision stage the Safer Communities 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 2009-10, we will:

• fund a range of national and local initiatives that will seek to reduce levels of violent and antisocial behaviour in our communities;
• sponsor a number of organisations such as the national Violence Reduction Unit, Neighbourhood Watch and Crimestoppers to enable them to support communities combat crime and antisocial behaviour;
• continue to provide financial support to increase access, capacity and quality of drug treatment and rehabilitation services. This will be done in the context of the new national drugs strategy, The Road to Recovery, approved by Parliament on 4 June 2008, and the reform of delivery arrangements that that has put in train; and
• Consider the findings of the report from Audit Scotland, expected in Spring 2009, on the scale and effectiveness of public expenditure on drugs.

SCOTTISH RESILIENCE

Table 5.10: More detailed categories of spending (Level 3)

What the budget does

Scottish Resilience provides practical support to the frontline agencies that deliver Fire and Rescue Services and civil contingencies and resilience. It aims to help and equip front line agencies, especially the eight Fire and Rescue Services, to prepare for, and where necessary respond, to all types of emergencies ranging from house fires and road traffic collisions to major disasters.

Scottish Resilience comprises:

Civil Contingencies Unit

The unit which includes the Scottish Resilience Development Service works with the emergency services and other responder agencies to ensure that Scotland is prepared to respond to any major civil emergency.

Fire and Rescue Services Unit

The unit develops the Fire and Rescue Services' ( FRS) collective capacity to respond to new threats such as terrorism and extreme weather; runs national fire safety campaigns and other initiatives to improve community safety; is delivering a more resilient radio communication system for the Fire and Rescue Services in Scotland; and generally providing support designed to help the FRSs to become ever more effective.

Scottish Fire Services College

The College acts in a central supporting role in the Scottish Fire and Rescue Services in the delivery and procurement of nationally agreed development programmes and in an advisory capacity on the creation of standardised content and quality assurance processes. These include Scottish Vocational Qualifications and nationally recognised academic awards delivered in partnership with the Scottish Higher and Further Education sectors.

Scottish Fire and Rescue Advisory Unit

Formerly known as the Fire Inspectorate the unit works closely with Chief Fire Officers supporting them and where necessary challenging them. This will help the FRSs to assess their operational preparedness. Other duties include; commission of research; providing technical guidance and liaison with their counterparts across the UK.

In 2009-10 we will focus our resources on:

• funding the 8 multi-agency regional Strategic Co-ordinating Groups to improve resilience and manage emergencies, and delivery of a national programme of multi-agency exercises and learning and development products for the civil contingencies community in Scotland;
• implementing an engagement strategy to raise public awareness and develop best practice for communication in an emergency, and developing the Scottish capability to withstand a possible Chemical, Biological, Radiological and Nuclear ( CBRN) incident; and
• undertaking preliminary work for a review of the impact of community safety and produce a situational assessment of the impact of equality and diversity legislation, both within the SFRS.

Budget changes

Scottish Resilience is a new Level 2 expenditure category and comprises Fire Central Government (which in the 2008-09 Draft Budget was a separate Level 2 - £41.3/17.2/15.0m) and Civil Defence and Emergency Planning (which in the 2008-09 Draft Budget was a Level 3 under the Miscellaneous programme - £4.0/4.5/4.8m) plus HM Fire Inspectorate (which in the 2008-09 Draft Budget formed a level 4 within Other Miscellaneous Level 3 - £0.5/0.5/0.5m). A further £1.3/1.3/1.3m has been added to the baseline covering the transfer of Direct Running Costs for staff and administration costs moving to programme.

ACCOUNTANT IN BANKRUPTCY

Table 5.11: More detailed categories of spending (Level 3)

What the budget does

The Agency supervises the process of personal insolvency in Scotland, approves debtor applications for bankruptcy, acts as Trustee in bankruptcy, investigates complaints against private sector Trustees in bankruptcy and acts as the Administrator in the Debt arrangement Scheme. This includes approving money advisers, payment distributors and debtors' debt payment programmes. The Agency also maintains the public register of bankruptcies, Protected Trust Deeds and company insolvencies. The Agency has the policy lead for the development of policy in relation to bankruptcy, corporate insolvency, the Debt Arrangement Scheme and diligence.

In 2009-10, we will focus our resources on:

• our continued pursuit of excellence in the delivery of our frontline services to customers and stakeholders, including further enabling online access to bankruptcy and encouraging electronic communication with all stakeholders.

SCOTTISH COURT SERVICE

Table 5.12: More detailed categories of spending (Level 3)

What the budget does

The Scottish Court Service ( SCS) provides the staff, accommodation and administrative infrastructure for the Court of Session, High Court of Justiciary, all 49 Sheriff Courts across Scotland and the Justice of the Peace Courts in Lothian and Borders and Grampian Highlands and Islands. The SCS plans to take on administration of the Justice of the Peace Courts in Glasgow and Strathkelvin and Tayside, Central and Fife during 2008-09.

The budget for the SCS covers all of the costs of operating the courts described above, excluding judicial salaries. It also covers the costs of the Office of the Public Guardian and Accountant of Court, as these are also part of the SCS. A major part of the budget is devoted to maintaining and improving the court estate, which includes many listed buildings.

In 2009-10, we will focus our resources on:

• taking on responsibility for running Justice of the Peace Courts in North Strathclyde and South Strathclyde, Dumfries and Galloway;
• improving service delivery in the courts; and
• delivering an estate that is fit for purpose and which addresses the diverse needs of all who use our buildings: this will include continuing the major project to improve the Court of Session facilities at Parliament House in Edinburgh, improvements to the court estate used for summary criminal business and continuing to tackle issues of access for disabled court users, security and the standard of our custody facilities.

SCOTTISH PRISON SERVICE

Table 5.13: More detailed categories of spending (Level 3)

Notes:

1. Consists of staffing and other prison running costs (which include maintenance, rent and rates, telecommunications etc);

2. Covers prisoner related costs such as medical/dental services, food, clothing, bedding etc. and industries related costs such as workshop materials and prisoner earnings.

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 2009-10, we will focus our resources on making Scotland a safer place by:

• holding securely and in good order the offenders sent by the courts, caring for offenders with humanity and providing them with appropriate opportunities;
• delivering offender management services, programmes and activities which address the causes of offending and re-offending and working to improve the outcomes for prisoners;
• investing to create an estate which is fit for purpose;
• supporting prison staff to deliver their difficult work for society with professionalism and skill; and
• working in partnership with other organisations in the public, private and voluntary sectors that deliver services to offenders and playing a full role in the integration of offender management services.

Budget changes

A transfer of £10.0m to the Health and Wellbeing portfolio in 2009-10 to be repaid in 2010-11 in respect of the acceleration of the Affordable Housing Investment Programme adopted as part of a package of Scottish government actions to strengthen the Scottish economy (see page 52)

OFFICE OF THE SCOTTISH CHARITY REGULATOR

Table 5.14: More detailed categories of spending (Level 3)

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 and advise 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 2009-10, we will focus our resources on delivering our corporate objectives to:

• increase public confidence in charities through effective regulation;
• increase transparency and public accountability of charities;
• increase charity trustees' awareness and observance of their statutory responsibilities;
• establish and maintain OSCR as a trusted, effective and innovative regulator; and
• reduce the burden of regulation on charities wherever possible, with particular emphasis on reducing multiple reporting.

Central Government Grants To Local Authorities

Table 5.15: More detailed spending plans (Level 3).

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.