Building a New Scotland: Justice in an independent Scotland

Endnotes

1 Scottish Government (2022) The Vision for Justice in Scotland

2 Scottish Government (2023) A caring, compassionate and human rights informed drug policy for Scotland

3 Walton, B (2022) A Public Health Approach to Gambling Harms (The Scottish Parliament)

4 Scottish Government (2022) Serious Organised Crime strategy

5 Scottish Government (2023) Violence prevention framework

6 See Dawson, J and Gower, M (2020) End of Brexit transition: Security cooperation (House of Commons Library) and House of Lords (2021) Beyond Brexit: policing, law enforcement and security. See also Letter 25 July 2023 from Baroness Hamwee, Chair Justice and Home Affairs Committee to The Rt Hon Suella Braverman KC MP, Home Secretary regarding the outcome of the Committee’s inquiry into Post-Brexit UK-EU security cooperation (UK Parliament)

7 Scottish Government (2022) The Vision for Justice in Scotland

8 Scottish Government (2022) The Vision for Justice in Scotland: Annex C – Evidence Supplement

9 See Dawson, J and Gower, M (2020) End of Brexit transition: Security cooperation (House of Commons Library) and House of Lords (2021) Beyond Brexit: policing, law enforcement and security. See also Letter 25 July 2023 from Baroness Hamwee, Chair Justice and Home Affairs Committee to The Rt Hon Suella Braverman KC MP, Home Secretary regarding the outcome of the Committee’s inquiry into Post-Brexit UK-EU security cooperation (UK Parliament)

10 Scottish Government (2022) The Vision for Justice in Scotland

11 The Board includes representation from Community Justice Scotland, Crown Office and Procurator Fiscal Service, Police Scotland, Scottish Children’s Reporter Administration, Scottish Courts and Tribunals Service, Scottish Fire and Rescue Service, Scottish Legal Aid Board, Scottish Government and Scottish Prison Service.

12 Scottish Government (2022) Vision for Justice in Scotland: Annex C – Evidence Supplement

13 See, for example pages 9 and 10 of Scottish Government (2022) The Vision for Justice in Scotland

14 Scottish Government (2022) One Year Delivery Plan

15 Scottish Government (2023) Vision for Justice in Scotland: three year delivery plan

16 Scottish Government (2023) Recorded Crime in Scotland, 2022-23 Last Accessed (22/04/2024)

17 Scottish Government (2023) Recorded Crime – 2022-23 – Bulletin Tables. See Table 5: Number of crimes recorded by the police, Scotland, 1971 to 2022-23. Total recorded crime figures were 497,424 in 2006/07, 331,629 in 2013/14 and 289,362 in 2022/23 Last Accessed (22/04/2024)

18 Scottish Government (2023) Scottish Crime and Justice Survey 2021/22 Last Accessed (22/04/2024)

19 Scottish Government (2023) Homicide in Scotland 2022-23 Last Accessed (22/04/2024)

20 Scottish Government (2021) A Rights-Respecting Approach to Justice for Children and Young People: Scotland’s Vision and Priorities (data provided from Criminal Proceedings in Scotland on request)

21 The National Archives, Police and Fire Reform (Scotland) Act 2012, [last accessed April 2024]

22 See for example, inews Scottish Parliament passes ‘world leading’ domestic abuse law

23 The National Archives, Domestic Abuse (Scotland) Act 2018, [last accessed April 2024]

24 Scottish Government (2023) Violence prevention framework

25 Scottish Government (2023) New violence prevention strategy

26 Scottish Government (2022) Victims will benefit from key support

27 Scottish Government (2019) Presumption against short sentences extended

28 Scottish Government (2022) National Strategy for Community Justice

29 NHS Education for Scotland (2023) Trauma informed justice: A Knowledge and skills framework for working with victims and witnesses

30 Scottish Prison Service (2023) HMP & YOI Stirling opens

31 Scottish Government (2023) Digital evidence pilot

32 Scottish Government (2024) Building a New Scotland: An independent Scotland’s place in the world

33 Council of Europe, European Convention on Human Rights [last accessed April 2024]

34 International Bar Association (2023) Human rights: UK ministers continue to discuss drastic step of leaving ECHR

35 The Scottish Parliament (2021), United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill, [last accessed April 2024]

36 United Nations Human Rights Office of the High Commissioner Convention on the Rights of the Child [last accessed April 2024]

37 Scottish Government (2023) Building a New Scotland: Creating a modern constitution for an independent Scotland

38 UK Supreme Court (2021) Judgement: REFERENCES (Bills) by the Attorney General and the Advocate General for Scotland - United Nations Convention on the Rights of the Child and European Charter of Local Self- Government (Incorporation) (Scotland)

39 Scottish Government (2023) UNCRC (Incorporation) (Scotland) Bill: Cabinet Secretary’s statement

40 Scottish Parliament (2023) United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill [last accessed April 2024]

41 The National Archives, United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 [last accessed April 2024]

42 Scottish Government (2024) Building a New Scotland: Education and lifelong learning in an independent Scotland

43 Scottish Government, Getting it right for every child (GIRFEC) [last accessed April 2024]

44 Scottish Government (2023) Building a New Scotland: Creating a modern constitution for an independent Scotland

45 Scottish Government (2023) Building a New Scotland: Creating a modern constitution for an independent Scotland

46 Scottish Government (2023) Building a New Scotland: Creating a modern constitution for an independent Scotland

47 Scottish Government (2023) Building a New Scotland: Creating a modern constitution for an independent Scotland

48 Scottish Government (2022) The Vision for Justice in Scotland

49 UK Parliament Act of Union 1707, [last accessed April 2024]

50 The National Archives, Scotland Act 1998, [last accessed April 2024]

51 The National Archives, Scotland Act 1998, [last accessed April 2024]. See Schedule 5

52 Judiciary of Scotland The Judiciary, [last accessed April 2024]

53 Scottish Government (2021) Lord Advocate: role and functions

54 Judiciary of Scotland Judicial Independence, [last accessed April 2024]

55 The Scottish Crime and Justice Survey collects a range of data on public attitudes about the justice system. For example, the 2021-22 survey found that 74% of adults thought the criminal justice system makes fair, impartial decisions based on the evidence available, whilst 75% thought the system allows those accused to get a fair trial (Scottish Government (2023) Scottish Crime and Justice Survey 2021/22: Main Findings).

56 The National Archives, Scotland Act 2012, [last accessed April 2024]

57 Supreme Court The Jurisdiction of the Supreme Court of the United Kingdom in Scottish Appeals, [last accessed April 2024]

58 Scottish Courts and Tribunals Service About the Scottish Courts and Tribunals Service, [last accessed April 2024]

59 The National Archives, Judiciary and Courts (Scotland) Act 2008, [last accessed April 2024]

60 Scottish Government (2023) Building a New Scotland: Creating a modern constitution for an independent Scotland

61 Scottish Government (2023) Building a New Scotland: Creating a modern constitution for an independent Scotland

62 Scottish Government, Access to justice: Tribunals system, [last accessed April 2024]

63 The National Archives, Tribunals (Scotland) Act 2014, [last accessed April 2024]

64 Scotland already has a courts and tribunals service, which provides administrative support to Scottish courts and tribunals and to the judiciary of those courts. There is an existing commitment, under the Smith

Commission report of 2014, for all powers over the management and operation of all reserved tribunals (which includes administrative, judicial and legislative powers) to be devolved to the Scottish Parliament, other than the Special Immigration Appeals Commission and the Proscribed Organisations Appeals Commission, but this has yet to be completed. The Smith Commission recommendation still left the laws providing for the underlying substantive rights and duties reserved to Westminster.

65 The National Archives The Smith Commission, [last accessed April 2024]

66 The National Archives, Police and Fire Reform (Scotland) Act 2012, [last accessed April 2024]

67 Police Scotland About Police Scotland [last accessed April 2024]

68 Police Scotland, Code of Ethics for Policing in Scotland, [last accessed April 2024]

69 Scottish Government (2024) Marches, parades and static demonstrations: guidance

70 Scottish Government (2024) Building a New Scotland: an independent Scotland’s Place in the World

71 Aebi, M. F., Cocco, E and Molnar, L (2023). Prisons and Prisoners in Europe 2022: Key Findings of the SPACE I report (Council of Europe and University of Lausanne)

72 Scottish Government (2022) Vision for Justice in Scotland: Annex C – Evidence Supplement

73 Scottish Government (2022) Vision for Justice in Scotland: Annex C – Evidence Supplement

74 Scottish Government (2022) Vision for Justice in Scotland: Annex C – Evidence Supplement

75 Scottish Government (2022) The Vision for Justice in Scotland

76 Scottish Government (2022) National Strategy for Community Justice

77 Scottish Prison Service Prisons, [last accessed April 2024]

78 Scottish Prison Service (2023) Corporate Plan 2023-2028

79 Scottish Prison Service (2024) Transition of HMP Kilmarnock

80 UK Government (2016), State Pension age timetables, [last accessed April 2024]

81 Scottish Prison Service HMP & YOI Stirling, [last accessed April 2024]

82 Scottish Government, Climate change, [last accessed April 2024]

83 Scottish Government (2023) Equally Safe 2023 – preventing and eradicating violence against women and girls strategy

84 Scottish Government (2022) Domestic abuse: statistics recorded by the police in Scotland – 2021/22 Last Accessed (22/04/2024)

85 Scottish Government (2021) Scottish Crime and Justice Survey 2019/20: main findings. See section 9.3 Partner Abuse. Last Accessed (22/04/2024)

86 Scottish Government (2023) Equally Safe 2023 – preventing and eradicating violence against women and girls: strategy

87 Scottish Government (2024) Preventing and responding to gender based violence: a whole school framework

88 Scottish Government (2024) Prostitution – challenging and deterring men’s demand: strategic approach

89 Scottish Government (2022) The experiences of people who sell or exchange sex and their interaction with support services: lived experience engagement

90 Scottish Government (2024) Piloting Our Approach - Prostitution - challenging and deterring men’s demand: strategic approach

91 Scottish Government (2022) Challenging demand for prostitution: international evidence review

92 Scottish Government (2023) Equally Safe 2023 – preventing and eradicating violence against women and girls strategy

93 Scottish Government (2023) Women’s Justice Leadership Panel: report

94 Scottish Government (2022) The Vision for Justice in Scotland

95 Scottish Government (2022) Victims will benefit from key support

96 Scottish Government (2024) Supporting rape and domestic abuse victims

97 Scottish Government (2024) Free court transcripts for rape victims

98 See for example, BBC News (2022), Rape survivor’s £3,000 bill for lawyer complaint

99 Scottish Government (2023) Victims, Witnesses, and Justice Reform (Scotland) Bill: factsheet

100 Istanbul Convention intends to prevent and combat violence against women and domestic violence. See Council of Europe, Istanbul Convention Action against violence against women and domestic violence, [last accessed April 2024]. See also Scottish Government (2023) Building a New Scotland: migration to Scotland after independence

101 The National Archives, Counter-Terrorism and Security Act 2015, [last accessed April 2024]

102 The National Archives, Terrorism Prevention and Investigation Measures Act 2011, [last accessed April 2024]

103 UK Government (2023) Counter-terrorism strategy (CONTEST) 2023

104 In 2022-23, around half (51%) or 8,520 recorded frauds were estimated to have been cyber-crimes. This is similar to the estimated 8,010 cyber frauds recorded in 2021-22, but has more than doubled from the estimated 3,450 recorded in 2019-20. See, Scottish Government (2023) Recorded Crime in Scotland, 2022-23 Last Accessed (22/04/2024)

105 National Cyber Security Centre (2023) UK and allies expose Russian intelligence services for cyber campaign of attempted political interference

106 Scottish Government (2024) Building a New Scotland: an independent Scotland’s place in the world

107 According to data from the 2021 national Population and Housing Census as at 31 December 2021, there were 1,331,824 people living in Estonia. The population of Scotland was estimated to be 5,436,600 on Census Day, 20 March 2022. See Estonia Counts, Population distribution (last accessed April 2024) and National Records of Scotland (2023) Scotland’s Census 2022 – Rounded population estimates Last Accessed (22/04/2024)

108 Naylor, E (2020) Estonia’s Crucial Role in Tackling Growing Cyber Threats (Chatham House)

109 Scottish Government (2024) Building a New Scotland: an independent Scotland’s place in the world

110 Scottish Government (2023) Building a New Scotland: Migration to Scotland after independence

111 Scottish Government (2023) Building a New Scotland: Migration to Scotland after independence

112 Scottish Government (2020) Migration: helping Scotland prosper

113 Scottish Government (2022) Vision for Justice in Scotland: Annex C – Evidence Supplement

114 Scottish Government (2023) Vision for Justice in Scotland: measurement framework

115 Scottish Government (2023) Recorded Crime in Scotland, 2022-23 Last Accessed (22/04/2024)

116 Scottish Government (2023) Homicide in Scotland 2022-23 Last Accessed (22/04/2024)

117 Scottish Violence Reduction Unit, About Us, [last accessed April 2024]

118 Scottish Government (2022) Vision for Justice in Scotland: Annex C – Evidence Supplement

119 Scottish Government Building a New Scotland

120 See Dawson, J and Gower, M (2020) End of Brexit transition: Security cooperation (House of Commons Library) and House of Lords (2021) Beyond Brexit: policing, law enforcement and security. See also Letter 25 July 2023 from Baroness Hamwee, Chair Justice and Home Affairs Committee to The Rt Hon Suella Braverman KC MP, Home Secretary regarding the outcome of the Committee’s inquiry into Post-Brexit UK-EU security cooperation (UK Parliament)

121 European Commission The EU-UK Trade and Cooperation Agreement, [last accessed April 2024]

122 Scottish Government (2018) Scotland’s Place in Europe: security, judicial co-operation and law enforcement

123 Scottish Government (2022) Serious Organised Crime strategy

124 Scottish Government (2023) Building a New Scotland: an independent Scotland in the EU

125 The Schengen Information System (SIS) is the most widely used and largest information sharing system for security and border management in Europe. As there are no internal borders between Schengen countries in Europe, SIS compensates for border controls and is the most successful cooperation tool for border, immigration, police, customs and judicial authorities in the EU and the Schengen associated countries. See also UK Parliament (2023) Lords Committee finds that post-Brexit UK-EU security cooperation is sub-optimal

126 The National Archives, Scotland Act 2012, [last accessed April 2024]

127 The National Archives, Air Weapons and Licensing (Scotland) Act 2015, [last accessed April 2024]

128 Scottish Government (2023) Recorded Crimes and Offences Involving Firearms, Scotland, 2020-21 and 2021-22 Last Accessed (22/04/2024)

129 The National Archives, Human Trafficking and Exploitation (Scotland) Act 2015, [last accessed April 2024]

130 Scottish Government (2017) Human Trafficking and Exploitation (Scotland) Act 2015: consultation on regulations

131 The National Archives, Scotland Act 1998, [last accessed April 2024]

132 The National Archives, Human Trafficking and Exploitation (Scotland) Act 2015, [last accessed April 2024]

133 The National Archives, Nationality and Borders Act 2022, [last accessed April 2024]

134 The National Archives, Illegal Migration Act 2023, [last accessed April 2024]

135 The National Archives, Human Trafficking and Exploitation (Scotland) Act 2015, [last accessed April 2024]

136 UK Parliament (2023) Legislative Scrutiny: Illegal Migration Bill – Report Summary

137 Scottish Government (2023) Building a New Scotland: migration to Scotland after independence

138 Council of Europe (2005) Council of Europe Convention on Action against Trafficking in Human Beings

139 Istanbul Convention intends to prevent and combat violence against women and domestic violence. See Council of Europe, Istanbul Convention Action against violence against women and domestic violence, [last accessed April 2024]. See also Scottish Government (2023) Building a New Scotland: migration to Scotland after independence

140 Scottish Government, Alcohol and drugs, [last accessed April 2024]

141 Scottish Government (2023) National Mission on Drugs Annual Report

142 Scottish Government (2023) A caring, compassionate and human rights informed drug policy for Scotland

143 The National Archive, Misuse of Drugs Act 1971, [last accessed April 2024]

144 Holland, A. An ethical analysis of UK drug policy as an example of a criminal justice approach to drugs: a commentary on the short film Putting UK Drug Policy into Focus, Harm Reduction Journal, Vol 17, December 2020

145 Scottish Drugs Forum (2007), Drugs and poverty: A literature review

146 Farhoudian, A et al. Barriers and Facilitators to Substance Use Disorder Treatment: An Overview of Systematic Reviews, Substance Abuse: Research and Treatment, Vol 16, August 2022

147 Scottish Government (2023) A Caring, Compassionate and Human Rights Informed Drug Policy for Scotland

148 Public Health Scotland (2021) Scottish Burden of Disease Study

149 See for example: Scottish Drug Deaths Taskforce (2021) Drug Law Reform Report: Summary of Recommendations, [last accessed April 2024]

150 The National Archives, The Equality Act 2010 (Disability) Regulations 2010, [last accessed April 2024]

151 European Monitoring Centre for Drugs and Drug Addiction (2018) Drug consumption rooms: an overview of provision and evidence

152 Belackova, V et al. Drug consumption rooms: A systematic review of evaluation methodologies, Drug and Alcohol Review, Vol 38, May 2019, pp406-422

153 UK Parliament (2019) Problem drug use in Scotland

154 The Lord Advocate (2023) Letter to Criminal Justice Committee: Cross-committee on tackling drug deaths and drug harm – request for update

155 Shorter, G.W. et al. The United Kingdom's first unsanctioned overdose prevention site; A proof-of-concept evaluation, International Journal of Drug Policy, Vol 104, June 2022

156 Scottish Government (2021) International Approaches to Drug Law Reform

157 Rosmarin, A and Eastwood N (2012) A Quiet Revolution: Drug Decriminalisation Polices in Practice Across the Globe (Release)

158 National Crime Agency Drug Trafficking, [last accessed April 2024]

159 Goncalves R, Lourenco A and Nogueira da Silva S, A social cost perspective in the wake of the Portuguese strategy for the fight against drugs, International Journal of Drug Policy, Vol 26, Issue 2, February 2015, pp199-209

160 Goncalves R, Lourenco A and Nogueira da Silva S, A social cost perspective in the wake of the Portuguese strategy for the fight against drugs, International Journal of Drug Policy, Vol 26, Issue 2, February 2015, pp199-209

161 Government of Canada (2024) Legislative Review of the Cannabis Act: Final Report of the Expert Panel

162 Statistics Canada (2023) The Daily – Five years since legalization, what have we learned about cannabis in Canada?

163 Global Commission on Drugs Policy (2018) Regulation: The Responsible Control of Drugs

164 Scottish Government (2023) A caring, compassionate and human rights informed drug policy for Scotland

165 Alliance Scotland (2023) Draft Charter of Rights – National Collaborative

166 The National Archives, Gambling Act 2005, [last accessed April 2024]

167 Gambling Commission, About Us, [last accessed April 2024]

168 Scottish Public Health Observatory, Gambling: key points, [last accessed April 2024]

169 UK Government (2023) Gambling-related harms evidence review: summary

170 UK Government (2023) Gambling-related harms evidence review: summary

171 Gambling Commission Young People and Gambling 2023

172 Scottish Government (2023) Building a New Scotland: An independent Scotland in the EU

173 House of Lords (2021) Beyond Brexit: policing, law enforcement and security (UK Parliament) and UK Parliament (2023) Lords Committee finds that post-Brexit UK-EU security cooperation is sub-optimal

174 Scottish Government (2023) Building a New Scotland: an independent Scotland in the EU

175 Scottish Government (2021) The Brexit vote, 5 years on - what do we know so far?

176 Scottish Government (2018) Scotland’s Place in Europe: security, judicial co-operation and law enforcement

177 The National Archives, Acts of Union 1707, [last accessed April 2024]

178 The Scottish Government (2022) The Vision for Justice in Scotland