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 tackle disadvantage, prejudice and discrimination. The justice system seeks to punish offenders and discourage them from re-offending while protecting the rest of society.

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;
• drugs strategy; and
• the effective and proportionate regulation of charities.

The Scottish Prison Service, Scottish Court Service and Accountant in Bankruptcy are currently Executive Agencies of the portfolio and are central to delivering our priorities. From 2010-11, the Scottish Court Service will become a separate statutory corporate body, no longer accountable directly to the Scottish Ministers, but to a governing body that has a judicial majority.

Summary of Key Spending Priorities

The Justice portfolio is responsible for public spending totalling over £1billion 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 sets 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 2010-11 are briefly described below.

• £136.8m 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;
• Substantial investment in the improvement of immediacy and visibility of community service in preparation for the introduction of the Community Payback Order through the Criminal Justice and Licensing Bill;
• £7.4m to provide for the annual service fee costs in relation to the Firelink project. Firelink is a single wide-area digital communications platform for the Scottish Fire & Rescue Service and replaced 8 outdated systems with one highly resilient system allowing for multi-agency interoperability;
• 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
• £32.3m to deliver better drug treatment and support services to promote recovery from drug addiction;
• £170.5m for legal aid ensuring appropriate access to justice;
• £208.3m for centrally funded police costs such as the Scottish Police Services Authority, the Scottish Crime and Drug Enforcement Agency, and other police support services.

Spend on this portfolio area 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 places to live which offer improved opportunities and a better, safer quality of life. In doing this, it makes a major contribution to advancing equality in Scotland and tackling disadvantage, prejudice and discrimination. We are committed to ensuring that equality is embedded throughout all areas of justice spend. An example of this is the Association of Chief Police Officers in Scotland Equality & Diversity Strategy 2009-2012 - " Celebrating and Valuing Difference" - which was published in June 2009. At the time of publication Chief Constable Ian Latimer said "…. promoting equality and recognising diversity, is fundamental to the success of policing. Understanding, promoting and respecting equality and diversity are key components in creating greater and sustained public confidence and trust in policing, as both a service provider and employer." Another area of the justice budget delivers legal aid which addresses inequalities by ensuring appropriate access to justice for all. The income threshold for civil legal aid was recently raised which means that more than a million more Scots will become potentially eligible for financial help towards court costs for civil actions. The budget allocated for the Scottish Court Service is used to support the running of courthouses. The service has a particular aim of seeking opportunities to help ensure that court buildings are accessible and supportive environments . We have also taken action to ensure that we gather better information on the level of racially motivated crime in Scotland to help us understand better how to tackle this. The Scottish Crime and Justice Survey, which will be available annually from late 2009, will also contribute significantly to our understanding of issues such as gender and victimisation which will inform future policy. Further information about how Justice spend is supporting the promotion of equality is set out in the related statement on equality and the budget.

Spending Plans for 2010-11 are set out below

Table 5.01 Detailed spending plans (Level 2)

Table 5.02 Detailed spending plans (Level 2 real terms) at 2009-10 prices

Budget Changes

As a result of the cuts imposed by the Chancellor, the Justice Portfolio spending plans for 2010-11 have been reduced by £13.7m. To maximise the money available to support frontline services, reductions have been targeted, including, for example, real terms cuts in administration and running costs across the portfolio.

Our spending plans also include the following changes made since the publication of Draft Budget 2009-10

• An additional £18.0/£22.5m has been provided to Police Central Government to cover the cost of the additional 1000 police officers.
• £22/£22.6m to Police Central Government from Local Government for Information Communications Technology following the transfer of responsibility for ICT from police authorities to the Scottish Police Services Authority.
• An additional £31.4/£27.2m has been provided for Police Central Government to meet the cost relating to pension payments.
• A transfer of £1.4/£1.4m to Drugs and Community Safety from Police Central Government to cover the costs of various violence reduction initiatives.
• Transfer of £15/£15.5m from Police Specific Grant to the Scottish Police Services Authority.
• A transfer of £0.4m in 2010-11 to Police Central Government to meet the costs of the Adult Support and Protection Act.
• £26.4/£17.8m transferred from Police Specific Grant to General Revenue Grant for Local Government.
• Transfer of £0.4/£0.2m to the Scottish Prison Service from the Health and Wellbeing portfolio for the Hepatitis C action plan.
• Transfer of £1.8/£1.8m from Local Government for Court Unification.

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, including funding for support of organisations such as Victim Support Scotland, implementation of the Vulnerable Witnesses Act and associated projects that help meet the needs of child and adult vulnerable witnesses. 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 2010-11, 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 2010-11, we will focus our resources on ensuring there is sufficient judicial cover to meet increased pressures on the courts, and preparing for the implementation of the Judiciary and Courts (Scotland) Act 2008.

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 UK Government's 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 almost all cases, (exceptions are solemn criminal cases for which the courts currently decide, 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 2010-11, we will focus our resources on continuing to modernise the legal aid system to ensure that it delivers appropriate access to quality legal assistance in an efficient and effective manner including the development of new services for those affected by the economic downturn.

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 2010-11, 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 2010-11 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 2009-10

• An additional £18.0/£22.5m has been provided to Police Central Government to cover the cost of the additional police officers.
• £22/£22.6m to Police Central Government from Local Government for Information Communications Technology following the transfer of responsibility for ICT from police authorities to the Scottish Police Services Authority.
• An additional £31.4/£27.2m has been provided for Police Central Government to meet the cost relating to pension payments.
• A transfer of £1.4/£1.4m to Drugs and Community Safety from Police Central Government to cover the costs of various violence reduction initiatives.
• Transfer of £15/£15.5m from Police Specific Grant to the Scottish Police Services Authority
• £0.4m in 2010-11 transferred to cover the cost related to the Adult Support and Protection Act

Drugs And Community Safety

Table 5.09 More detailed categories of spending (Level 3)

What the budget does

The bulk of this budget is provided to Health Boards to provide services to promote recovery from drug addiction. This budget also supports the operation of local Alcohol and Drug Action Teams (which are to become Alcohol and Drug Partnerships) and Community Safety Partnerships, along with a range of initiatives to tackle drug misuse, crime and antisocial behaviour.

At the 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 2010-11, we will:

• continue to provide financial support to increase access, capacity and quality of drug treatment and rehabilitation services, to promote recovery from drug addiction;
• support the effective operation of the new Alcohol and Drug Partnerships;
• fund a range of national and local initiatives including CIRV, the Community Initiative to Reduce Violence, tackling gang violence in Glasgow, and 'No Knives, Better Lives', educating young people about the dangers of knife-carrying;
• sponsor a number of organisations such as the national Violence Reduction Unit, Neighbourhood Watch and Crimestoppers to enable them to support communities to combat crime and antisocial behaviour.

Budget Changes

Our spending plans include the following changes made since the publication of Draft Budget 2009-10

• A transfer of £1.4/£1.4m to Drugs and Community Safety from Police Central Government to cover the costs of various violence reduction initiatives.

Scottish Resilience

Table 5.10 More detailed categories of spending (Level 3)

* Other Functions is an amalgamation of the Civil Contingencies Unit, the Fire and Rescue Advisory Unit and part of the Fire and Rescue Service Unit which were previously shown as separate level 3 programmes.

What the budget does

Scottish Resilience provides practical support for the frontline 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 2010-11 we will:

• fund the Scottish Fire Services College to procure and deliver nationally agreed development programmes to the Scottish Fire and Rescue Services ( SFRS);
• under 'other functions' we will fund work with the emergency services and other responder agencies to ensure that Scotland is prepared to respond to any major civil emergency. This will include:

- continued support of the 8 multi-agency regional Strategic Co- ordinating Groups including a national programme of multi-agency exercises and learning and development;

- implement an engagement strategy to raise public awareness and develop best practice for communication in an emergency;

- develop the Scottish capability to withstand a possible Chemical, Biological, Radiological and Nuclear ( CBRN) incident;

- support the outcomes of The Fire (Additional Function) (Scotland) Order 2005 and increased demand for Trainee Firefighter programmes;

- support SFRS in Scotland through community fire safety initiatives, responses to terrorism and extreme weather and other general initiatives;

- complete Operational Audit of Service Delivery for all SFRS, review their Service Improvement Plans and monitor their progress against their Integrated Risk Management Plans.

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 ( DAS). 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 2010-11, we will focus our resources on:

• ensuring that the Agency offers debt solutions aligned to the economic recovery plan: and
• our continued pursuit of excellence in the delivery of our frontline services to customers and stakeholders, including minimising the impact of bankruptcy on the public purse through the continued focus on process efficiencies and improvements.

Scottish Court Service

Table 5.12 More detailed categories of spending (Level 3)

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.

The budget allows for the funding of core operating costs (excluding judicial salaries) and covers the running, maintenance and development of 55(largely historic) courthouses, the employment of over 1500 people throughout Scotland and the court operational costs such as jurors' expenses.

SCS will also contribute to the Scottish Government's national priorities in the following areas during 2010-11:

• Aiming to exceed the 2% target for efficiencies.
• Consolidating the unification of the administration of the Sheriff and Justice of the Peace Courts; making most efficient use of the court estate by continuing to absorb the work of JP courts within existing sheriff courts, wherever possible.
• Being an active participant in the benchmarking groups for corporate services.
• Taking effective sanctions to improve the rate of fines recovery for fiscal fines and police fixed penalties as part of the Summary Justice Reform programme.
• Paying invoices within 10 days of receipt.
• Investing in the court estate which improves infrastructure and supports the construction and services industries.
• Improving court procedures and information about them for people facing repossession of their home.
• Setting annual targets for CO2 reductions in support of the Climate Change (Scotland) Act.
• Delivering the first set of projects arising from the Carbon Management Plan developed during 2009-10.
• Continuing to progress a rolling programme of initiatives to reduce waste and improve energy efficiency by installing water saving devices in washrooms, upgrading building control systems, replacing old and inefficient boilers and installing lighting controls.

By working with other Justice Partners, we will focus on improving the experience of those people who come into contact with the criminal justice system and who have disabilities.

• As 23% of our workforce is part-time we will continue to ensure that we offer flexibility of working and benefits, such as specialised support for carers, reflecting the nature of our workforce.
• Through our Community Partnership we will seek opportunities to have people with disabilities help ensure our court buildings are accessible and supportive environments.
• We will continue to ensure our recruitment opportunities are available to all members of society.

Budget Changes

• Transfer of £1.8/£1.8m from Local Government for Court Unification.

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 2010-11, 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

Our spending plans include the following changes made since the publication of Draft Budget 2009-10

• Transfer of £0.4/£0.2m to the Scottish Prison Service from the Health and Wellbeing portfolio for the Hepatitis C action plan.

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 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 (2005 Act).

In 2010-11, we will focus our resources on delivering our strategic objectives to:

• increase public confidence in charities through effective regulation;
• increase transparency and public accountability of charities;
• increase charity trustees' awareness and compliance with the 2005 Act;
• establish and maintain OSCR as a trusted, effective and innovative regulator;
• minimise the burden of regulation on charities wherever possible, with particular emphasis on reducing multiple reporting; and
• operate effectively and efficiently, demonstrating a commitment to the principles and practice of Best Value.

Central Government Grants to Local Authorities

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

What the budget does

Under the Concordat, 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.

Budget Changes

• £26.4/£17.8m transferred to General Revenue Grant ( GRG) to local authorities to reflect the Police Grant figure agreed in the Spending Review and to correct the amount of GRG available to Local Authorities.
• A transfer of £15/£15.5m to the Scottish Police Services Authority.