Scotland's Budget: Draft Budget 2017-2018

Chapter 7 Justice

PORTFOLIO RESPONSIBILITIES

The purpose of the Justice portfolio is to keep our communities safe and secure, and to administer justice in its various forms.

The Justice portfolio has responsibility for the civil, criminal and administrative justice systems which include Scotland's prisons, courts, tribunals, the legal aid system and criminal justice social work services. It maintains our police and fire and rescue services. The portfolio supports safer, secure and more resilient communities and works to build Scotland's resilience by improving Scotland's preparedness against a range of hazards and threats, including cyber security and terrorism, through multi-agency planning, strengthening national work on risk and prevention and working with partners to build capacity.

The Justice portfolio provides a range of vital public services in which powers are largely devolved to the Scottish Parliament. It helps to create an inclusive and respectful society in which all people and communities live in safety and security, where individual and collective rights are supported and where disputes are resolved fairly and swiftly. It contributes towards tackling inequalities by helping to build safer communities, by reducing re-offending, supporting victims and preventing unintentional harm.

The Scottish Government continues to deliver radical reforms to Scotland's justice system, to improve access to justice and efficiency and to safeguard public safety. This includes major reforms implemented to Scotland's courts; securing the benefits of reform to police and fire services; and creating a new body for national leadership in community justice. This radical reform of public services has focused attention on preventative approaches and community-based solutions to tackle the root causes of crime and help communities and individuals to achieve their full potential. We have maintained access to justice for individuals through the Legal Aid system. Through the Fire and Rescue Framework (2016), we are promoting and encouraging the next phase of transformative reform of the fire and rescue service in Scotland.

OUR PRIORITIES

Safer Communities

We will continue to support a modern and effective police service to ensure the safety and security of Scotland's people and communities, and will ensure that Scotland is appropriately and proportionately ready and able to address a sustained high level of terrorist threat and deal with violent extremism.

Working with the Scottish Fire and Rescue Service we will continue to reduce the harm from fires and other emergencies, through a focus on prevention and shared service initiatives.

Building on the success of police and fire reform we will work collaboratively on the plans of the Scottish Police Authority, Police Scotland and the Scottish Fire and Rescue Service for further transformation of these services.

Developing and maintaining resilience in Scotland requires a flexible and adaptive approach. We will continue to develop community resilience, building on themes of empowerment and preparedness through identifying trends and new risks, prevention, planning, response and recovery to ensure that the people of Scotland are able to cope both with potential disasters such as fire, flood or climate change, and with the everyday challenges and risks faced by families in need. We will collaborate with partners to ensure we have the capacity and capability to tackle the threat posed by terrorism, organised crime and the developing cyber security threat. We will also continue to build safer communities, reducing violence and harm.

Veterans

We are committed to help former Service personnel and their families. Funding will be maintained for the Scottish Veterans' Commissioner and other measures to support veterans, primarily through the Scottish Veterans' Fund.

Domestic abuse and violence against women

We will continue to strengthen the justice system response to tackle and prevent the unacceptable levels of violence against women and girls in Scottish society, including by creating a specific offence of domestic abuse and supporting advocacy and other services for victims and their families.

Community Justice: reducing re-offending

We will work with our new national body, Community Justice Scotland, and local partners, including the third sector, to support robust sentencing options and greater diversion, where appropriate. This will include a focus on early and targeted intervention to prevent offending by young people and to reduce reoffending by improving links between employment, housing, education and health services. We will support efforts for increasing the use of and confidence in community services, including the expansion of electronic monitoring.

With the Scottish Prison Service we will continue work on our innovative approach to addressing female offending through progressing both the design of a new, smaller, women's national facility as well as local, multi-disciplinary, community custody units.

We will work with the Scottish Prison Service, justice and health partners as well as other public services to continue to support the rehabilitation and reintegration of people leaving custody back into our communities, taking forward and implementing our National Strategy for Community Justice in order to prevent further offending.

Justice Reform

We will continue to improve the administration of justice. As part of our approach we will make best use of digital technology to enable and transform the services we provide for users of the justice system. We will continue to transform civil and administrative justice by securing the benefits of reform to the courts and tribunal systems and improving processes to make them more cost effective, efficient and accessible. We will continue work to facilitate the transfer of administrative responsibilities for reserved tribunals, including employment tribunals.

Victims and Witnesses

We will continue to support the efficient investigation and prosecution of crimes.
We will work to ensure that victims and witnesses (and particularly child and vulnerable witnesses) have positive experiences of, and confidence in, the justice system.

Human trafficking

We will publish and implement Scotland's first human trafficking and exploitation strategy, with the explicit vision of eliminating human trafficking and exploitation through actions to identify victims and support them to recovery, identify perpetrators and disrupt their activity, and address the conditions that foster trafficking and exploitation.

Table 7.01: Spending Plans (Level 2)

Level 2	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Community Justice Services	30.7	26.6	33.6
Judiciary	40.5	32.0	31.6
Criminal Injuries Compensation	17.5	17.5	17.5
Legal Aid	136.9	138.4	137.2
Scottish Police Authority	1,069.6	1,069.8	1,092.4
Scottish Fire and Rescue Service	294.7	294.4	316.4
Police Central Government	80.4	79.1	92.9
Safer and Stronger Communities	7.1	5.1	4.1
Police and Fire Pensions	350.6	350.6	350.6
Scottish Prison Service	357.2	355.7	361.0
Miscellaneous	38.2	42.6	37.4
Scottish Courts and Tribunals Service	88.9	102.0	105.6
Total Level 2	2,512.3	2,513.8	2,580.3
of which:
DEL Resource	2,437.5	2,439.0	2,488.8
DEL Capital	74.8	74.8	91.5
AME	-
Central Government Grants to Local Authorities	86.5	88.0	86.5

Table 7:02: Spending Plans (Level 2 Real Terms) at 2016-17 Prices

Level 2	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Community Justice Services	30.7	26.6	33.1
Judiciary	40.5	32.0	31.1
Criminal Injuries Compensation	17.5	17.5	17.2
Legal Aid	136.9	138.4	135.2
Scottish Police Authority	1,069.6	1,069.8	1,076.8
Scottish Fire and Rescue Service	294.7	294.4	311.9
Police Central Government	80.4	79.1	91.6
Safer and Stronger Communities	7.1	5.1	4.0
Police and Fire Pensions	350.6	350.6	345.6
Scottish Prison Service	357.2	355.7	355.8
Miscellaneous	38.2	42.6	36.9
Scottish Courts and Tribunals Service	88.9	102.0	104.1
Total Level 2	2,512.3	2,513.8	2,543.4
of which:
DEL Resource	2,437.5	2,439.0	2,453.2
DEL Capital	74.8	74.8	90.2
AME	-	-	-
Central Government Grants to Local Authorities	86.5	88.0	85.3

Community Justice Services

Table 7.03: More Detailed Spending Plans (Level 3)

Level 3	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Offender Services	29.8	25.6	30.4
Miscellaneous	0.9	1.0	3.2
Total	30.7	26.6	33.6
of which:
DEL Resource	30.7	26.6	33.6
DEL Capital	-	-	-
AME	-	-	-

What the budget does

This budget includes funding for Community Justice Scotland, the Risk Management Authority and to support offenders who are serving community-based sentences, electronic monitoring of offenders ( e.g. through Restriction of Liberty Orders) and offender mentoring services.

In 2017-18 we will continue to:

• support robust community disposals, such as community payback orders;
• support services to meet the needs of women offenders;
• progress the recommendations of the expert Electronic Monitoring Working Group to expand access to electronic monitoring; and
• support projects aimed at reducing the cycle of repeat offending.

Judiciary

Table 7.04: More Detailed Spending Plans (Level 3)

Level 3	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Judicial Salaries*	30.6	30.6	30.6
Judiciary**	9.9	1.4	1.0
Total	40.5	32.0	31.6
of which:
DEL Resource	40.5	32.0	31.6
DEL Capital	-	-	-
AME	-	-	-

*This is non-voted spend which is met from the Scottish Consolidated Fund but is also part of the Department spending limit.

**From 1 April 2016 the judicial pensions element of the Judiciary line sits with the Scottish Courts and Tribunals Service.

What the budget does

The Judicial Salaries budget is allocated from the Scottish Consolidated Fund to meet the salary costs of judicial office holders in Scotland.

The Judiciary budget provides for the running costs of the Judicial Appointments Board for Scotland and the Court of the Lord Lyon, as well as salary costs for the Lord Lyon, the Lyon Clerk and the Auditor of the Court of Session.

From 1 April 2016, the responsibility for Judicial Salaries (payable from the Scottish Consolidated Fund) and Judicial Pensions transferred to the Scottish Courts and Tribunals Service.

Criminal Injuries Compensation

Table 7.05: More Detailed Spending Plans (Level 3)

Level 3	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Administration Costs	2.7	2.7	2.7
CIC Scheme	14.8	14.8	14.8
Total	17.5	17.5	17.5
of which:
DEL Resource	17.5	17.5	17.5
DEL Capital	-	-	-
AME	-	-	-

What the budget does

The GB-wide Criminal Injuries Compensation Scheme provides compensation to the blameless victims of crime and is administered by the Criminal Injuries Compensation Authority (an Executive Agency of the Ministry of Justice).

In 2017-18 we will:

• continue to meet the cost of compensation payments to victims of crime in Scotland; and
• fund a share of the running costs of the Criminal Injuries Compensation Authority in line with the Memorandum of Understanding.

Legal Aid

Table 7.06: More Detailed Spending Plans (Level 3)

Level 3	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Administration	10.8	11.2	11.1
Fund*	126.1	127.2	126.1
Total	136.9	138.4	137.2
of which:
DEL Resource	136.8	138.3	137.1
DEL Capital	0.1	0.1	0.1
AME	-	-	-

*The 2016-17 Budget includes £1.1milion transferred to the Board for a grant-funded programme for advice services.

What the budget does

The Fund element of this budget pays for demand-led legal aid provision in Scotland, which is administered by the Scottish Legal Aid Board ('the Board'), an Executive Non-Departmental Public Body. It also enables the Board to:

• develop a network of Board-employed solicitors who provide criminal legal advice and representation (Public Defence Solicitors Office) and to develop and monitor advice services on civil matters using Board-employed solicitors (Civil Legal Assistance Offices); and
• administer grant-funded advice services, including the In Court Advice projects.

The Administration element enables the Board to meet its staffing and accommodation costs, as well as cover costs relating to various matters including researching and analysing the operation of legal aid, the trends and the impact on the wider justice system. It also includes a budget allocation to meet the Board's capital expenditure.

In 2017-18 we will:

• direct resources to maintain access to justice, ensuring that legal aid expenditure supports the efficient operation of the wider justice system;
• ensure that those most in need are able to access publicly-funded legal assistance and also progress a range of projects to enable access to justice; and
• work to ensure that disputes are resolved at the most appropriate level in the justice system and progress work to reform criminal and civil procedure to keep pace with changes in society and international standards.

Scottish Police Authority

Table 7.07: More Detailed Spending Plans (Level 3)

Level 3	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Scottish Police Authority	1,069.6	1,069.8	1,092.4
Total	1,069.6	1,069.8	1,092.4
of which:
DEL Resource	1,053.4	1,053.6	1,072.4
DEL Capital	16.2	16.2	20.0
AME	-	-	-

What the budget does

This budget is provided to the Scottish Police Authority ( SPA) to enable the delivery of an effective and efficient policing service to the people of Scotland that reflects the needs of local communities.

In 2017-18 we will:

• protect the revenue budget of the SPA in real terms;
• work with the SPA and Police Scotland to strengthen the community focus of policing in line with the Strategic Policing Priorities;
• ensure that Police Scotland has the right mix and numbers of officers and staff, including more specialists in cyber-crime and counter fraud to respond to the changing nature of crime; and
• continue to support police services, including community policing, specialist support, training, forensic services, ICT and criminal records, tackling serious and organised crime, drug enforcement and counter terrorism.

The capital budget for 2017-18 will support the police in delivering key components of their capital plan.

Scottish Fire and Rescue Service

Table 7.08: More Detailed Spending Plans (Level 3)

Level 3	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Scottish Fire and Rescue Service	294.7	294.4	316.4
Total	294.7	294.4	316.4
of which:
DEL Resource	283.9	283.6	283.9
DEL Capital	10.8	10.8	32.5
AME	-	-	-

What the budget does

This budget funds the Scottish Fire and Rescue Service ( SFRS) to work in partnership with other agencies, the public and private sectors and communities on fire safety, prevention, protection and emergency response to improve the safety and wellbeing of the people of Scotland. The Scottish Fire and Rescue Service priorities are contained within its Strategic and Annual Plan, which aligns with the Fire and Rescue Framework for Scotland 2016.

In 2017-18 we will:

• ensure that the full benefits of fire reform continue to be delivered across the communities of Scotland;
• explore opportunities for SFRS to make a wider contribution to public sector outcomes through working more closely with other emergency services; and
• work with SFRS to deliver the Fire and Rescue Framework for Scotland 2016.

Police Central Government

Table 7.09: More Detailed Spending Plans (Level 3)

Level 3	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Police Support Services	0.1	0.1	0.1
National Funding and Police Change*	80.3	79.0	92.8
Total	80.4	79.1	92.9
of which:
DEL Resource	62.6	61.3	85.4
DEL Capital	17.8	17.8	7.5
AME	-	-	-

*Funding for the Scottish Government's conribution to the Home Office-led Emergency Service Mobile Communications Plan ( ESMCP) has transferred from Miscellaneous to Police Central Government.

What the budget does

The Police Central Government budget for 2017-18 includes funding for the Police Investigations and Review Commissioner and Airwave. It also supports the police change and reform programmes.

In 2017-18 we will:

• continue to support the work of the Police Investigation and Review Commissioner;
• support Police Scotland and the SPA in transforming the service, reflecting the changing nature of crime and society;
• fund the core Airwave communications system for police in Scotland; and
• ensure Scotland's participation in the GB-wide Emergency Services Mobile Communication Programme to deliver next-generation telecommunications capability for the Emergency Services in Scotland.

Safer and Stronger Communities

Table 7.10: More Detailed Spending Plans (Level 3)

Level 3	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Safer Communities	5.1	5.1	4.1
Drug Misuse*	2.0	-	-
Total	7.1	5.1	4.1
of which:
DEL Resource	7.1	5.1	4.1
DEL Capital	-	-	-
AME	-	-	-

*Responsibility for Drug Misuse now sits within the Health and Wellbeing Portfolio.

What the budget does

This budget supports a range of initiatives to build safer communities, reduce violence, tackle sectarianism and prevent misuse of guns and other crime.

In 2017-18 we will:

• through our Building Safer Communities programme, work to reduce the number of victims of crime and unintentional injury, and reduce fear of crime, violence and anti-social behaviour by tackling its root causes;
• fund violence reduction educational programmes and anti-violence initiatives to build strong and resilient communities; and
• continue to develop our understanding of what works to combat sectarianism, hate crime and behaviours that lead to these.

Police and Fire Pensions

Table 7.11: More Detailed Spending Plans (Level 3)

Level 3	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Police Pensions	278.4	278.4	278.4
Fire Pensions	72.2	72.2	72.2
Total	350.6	350.6	350.6
of which:
DEL Resource	350.6	350.6	350.6
DEL Capital	-	-	-
AME	-	-	-

What the budget does

This budget provides funding to the Scottish Police Authority and the Scottish Fire and Rescue Service to contribute towards the pension costs of retired police and fire officers.

In 2017-18 we will meet our obligations to provide for these pensions in full.

Scottish Prison Service

Table 7.12: More Detailed Spending Plans (Level 3)

Level 3	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Operating Expenditure	347.2	345.7	345.2
Capital Spending	10.0	10.0	15.8
Total	357.2	355.7	361.0
of which:
DEL Resource	347.2	345.7	345.2
DEL Capital	10.0	10.0	15.8
AME	-	-	-

What the budget does

The Scottish Prison Service ( SPS) budget covers expenditure associated with operating the prison system (both publicly and privately-managed prisons) and the provision of a Court Custody and Prisoner Escorting Service on behalf of Scottish Courts, Police Scotland and the wider justice system. The SPS provides a wide range of services to care for and support those who are in custody and their families, as well as operating a Victim Notification Scheme for registered victims of crime.

In 2017-18 we will:

• contribute to public service reform in Scotland by ensuring that SPS is equipped for the future through the delivery of our programme of transformational change arising from the SPS Organisational Review;
• take forward the Strategy for the Management of Women in Custody including the development of a smaller national facility at HM Prison Cornton Vale and the design of innovative community-based custody units for women;
• contribute to the Scottish Government's defining mission to close the poverty related attainment gap through continuing to deliver our strategy for young people at HM YOI Polmont;
• support the National Community Justice Strategy in working to deliver better outcomes for offenders and communities through our work with partner organisations and the further development of our through-care support services;
• support the Scottish Government's vision for penal reform reflecting the values of a modern and progressive Scotland. We will continue to take forward work on the future of Scotland's prison estate; and
• work with partners to develop models of care and support for an ageing prison population with heightened social care needs.

Miscellaneous

Table 7.13: More Detailed Spending Plans (Level 3)

Level 3	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Residential Accommodation for Children*	4.0	4.0	-
Safe and Secure Scotland**	16.2	16.2	8.8
Victim/Witness Support	5.4	5.4	15.8
Other Miscellaneous	12.6	17.0	12.8
Total	38.2	42.6	37.4
of which:
DEL Resource	30.7	35.1	36.3
DEL Capital	7.5	7.5	1.1
AME	-	-	-

*Funding for Residential Accommodation for Children has been transferred to the Education and Lifelong Learning portfolio.

**Funding for the Scottish Government's contribution to the Home Office-led Emergency Service Mobile Communications Plan ( ESMCP) has transferred from Miscellaneous to Police Central Government.

What the budget does

This budget covers a wide range of smaller justice-related spending areas including the Scottish Law Commission, the Parole Board for Scotland and the Scottish Criminal Cases Review Commission. It also includes provision for Her Majesty's Inspectorate of Prisons in Scotland; Her Majesty's Chief Inspector of Fire and Rescue in Scotland; Her Majesty's Inspectorate of Constabulary in Scotland; Her Majesty's Chief Inspector of Prosecutions in Scotland; core funding for third sector organisations whose work supports the victims of crime; and support for the justice contribution to tackling violence against women and girls.

In addition, the budget supports work to build Scotland's resilience through improved multi-agency planning and response to emergencies. This budget also provides funding to support the delivery of the Scottish Government's commitment to the armed forces and veterans community in Scotland.

In 2017-18 we will:

• continue to lead on the development of vision, guidance, policy and training on resilience in Scotland recognising the challenges and risks that impact on Scotland;
• engage with Essential Services operators to encourage them to further protect and enhance the critical infrastructure resilience of their assets, systems, networks and people;
• support the delivery of the Scottish Government's commitment to the armed forces and veterans community in Scotland;
• fund voluntary organisations working in the criminal justice sector and meeting the need of victims of crime; and
• fund the justice contribution towards the delivery of the Equally Safe Strategy for preventing and eradicating violence against women and girls.

Scottish Courts and Tribunals Service

Table 7.14: More Detailed Spending Plans (Level 3)

Level 3	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Operating Expenditure*	76.5	89.6	91.1
Capital	12.4	12.4	14.5
Total	88.9	102.0	105.6
of which:
DEL Resource	76.5	89.6	91.1
DEL Capital	12.4	12.4	14.5
AME	-	-	-

*From 1 April 2016, the budget includes funding for the administration of judicial pensions.

What the budget does

The Scottish Courts and Tribunals Service ( SCTS) provides the people, buildings and technology to support the judiciary, the courts, the tribunals and the Office of the Public Guardian. The SCTS is a Non-Ministerial Department, chaired by the Lord President.

In 2017-18, SCTS working with justice partners will:

• continue to deliver criminal justice reforms and improvements to sheriff and jury procedures; place digital innovation at the centre of service delivery to improve access to justice, support quicker outcomes and minimise physical appearance in courts, and develop a new approach to summary crime, using digital evidence and online case management;
• develop solutions that will better protect the interests of children and vulnerable witnesses;
• continue to transform civil justice by implementing new court rules and introducing technology-driven case management systems in civil courts and in the Office of the Public Guardian; and
• support the Scottish Tribunals through the creation of the new First-tier Tribunal for Scotland and the Upper Tribunal for Scotland, bringing existing tribunal jurisdictions together and providing a structure for new jurisdictions, including the work to enable the transfer of the current reserved Tribunals.

Central Government Grants to Local Authorities

Table 7.15: More Detailed Spending Plans (Level 3)

Level 3	2016-17 Draft Budget £m	2016-17 Budget £m	2017-18 Draft Budget £m
Criminal Justice Social Work	86.5	88.0	86.5
Total	86.5	88.0	86.5
of which:
DEL Resource	86.5	88.0	86.5
DEL Capital	-	-	-
AME	-	-	-

What the budget does

This ring-fenced funding supports local authorities in providing Criminal Justice Social Work ( CJSW) services across Scotland. These services include supervising those offenders aged 16 and over who have been subject to a community disposal from the courts; providing reports to courts to assist with sentencing decisions; and providing statutory supervision (throughcare) for certain offenders on release from prison. There are also special services for certain key groups of offenders.