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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 4 August 2025
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Displaying 1119 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

As with any financial penalty, payment can be made in instalments. There is an obligation on the court to consider the offender鈥檚 means and whether they would be able to afford to make such payments.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

No. It is important to note for the record that, in general, fines are not paid directly to victims. The fine income, in the first instance, rests with the Scottish Courts and Tribunals Service as part of its income inflows throughout the year.

I will clarify with the committee what happens with compensation orders, which are a different form of financial penalty. However, any funds from restitution orders that are imposed by the courts go into the restitution fund鈥攖hey do not go directly to victims. Organisations that support police, police staff and others can apply to the fund that is available, to enable them to support victims.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

The funds still rest in a ring-fenced account. There is data available: the courts have imposed 103 restitution orders. I will be frank, convener, and say that, although that is a matter for the independent courts, I have asked my officials to engage appropriately with the Scottish Courts and Tribunals Service after the successful鈥擨 hope鈥攑assing of this statutory instrument. We will proceed with the establishment of the guidance and the application process and get the fund up and running for applications by April next year.

I am keen to make people aware of the benefits of restitution orders and to support their use in a way that is appropriate to my role and does not stretch into interfering with the independence of the courts in any way. However, I want to boost the funds that can go into the restitution fund so that they can be used appropriately.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

For the purposes of today, I have not looked in close detail at how compensation orders currently work. I know that, because fines are financial penalties, the income from those does not go to victims.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

As I said to Ms McNeill, the court has various options in front of it鈥攁 custodial sentence, a community payback order, a financial penalty by way of a fine, a compensation order or a restitution order. The court can apply one or all of those options, or a combination of them, as it sees fit.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

Victims, who could include police officers, would be entitled.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

It could be.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 4 June 2025

Angela Constance

I will clarify that.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 30 April 2025

Angela Constance

I cannot comment on what evidence the committee has received. I can only tell you about the evidence that I have received from the Scottish Courts and Tribunals Service and the Crown Office, through direct engagement with me and my officials. I have not had any red flags raised with me, and I am confident that the Crown Office and the Scottish Courts and Tribunals Service would not be shy about doing that.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 30 April 2025

Angela Constance

The short answer is yes.