- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Monday, 05 January 2004
-
Current Status:
Answered by Hugh Henry on 15 January 2004
To ask the Scottish Executive to what offences restriction of liberty orders have been applied.
Answer
Restriction of liberty borders have been used in the main as a high tariff disposal. The table shows the range of offences for which restriction of liberty orders have been imposed for the period 1 January 2003 to 30 September 2003
| Offence | Number of RLOs imposed |
| Assault | 107 |
| Breach of the peace | 80 |
| Loitering with intent to steal | 6 |
| Housebreaking | 7 |
| Misuse of Drugs Act | 27 |
| Assault on a police officer | 8 |
| Reset | 9 |
| Theft | 144 |
| Criminal Law (Consolidation) Act | 48 |
| Includes: suspicion of carrying a weapon – 3 vandalism – 5 having an article with a blade or point in a public place – 16 carrying an offensive weapon - 24 |
| Criminal Procedure (Scotland) Act | 36 |
| Includes: breach of a bail condition – 32 in breach of liberation by police – 1 suspicion of committing an offence – 1 failure to appear in court - 2 |
| Road Traffic Act | 69 |
| Includes: failure to provide a sample – 1 drink driving – 7 reckless driving – 6 stealing a motor vehicle – 9 driving without insurance – 1 driving whilst disqualified - 41 |
| Others: | 31 |
| Includes: attempt to open a lockfast vehicle – 1 attempt to pervert the course of justice – 6 attempted theft of a motor vehicle – 6 culpable and reckless conduct – 3 culpable fire-raising – 2 throwing a firework – 1 making a false 999 call – 1 fraud – 6 drinking alcohol in a public place – 1 making an obscene message over the phone – 1 uttering – 1 wilful fire-raising - 2 |
Ìý
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Monday, 05 January 2004
-
Current Status:
Answered by Hugh Henry on 15 January 2004
To ask the Scottish Executive what the level of use is by Dumbarton Sheriff Court of restriction of liberty orders as a disposal.
Answer
Dumbarton Sheriff Court has not yet imposed a restriction of liberty order.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Monday, 05 January 2004
-
Current Status:
Answered by Hugh Henry on 15 January 2004
To ask the Scottish Executive what the level of use is of restriction of liberty orders across Scotland.
Answer
1,093 restriction of libertyorders have been imposed in the period from national rollout on 1 May 2002 to 31 December 2003.This includes six orders restricting offenders away from a specified place and11 restricting offenders to and from specified places.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Monday, 05 January 2004
-
Current Status:
Answered by Hugh Henry on 15 January 2004
To ask the Scottish Executive what the criteria are for the use of a restriction of liberty order.
Answer
Offenders must be aged 16 orover and must consent to the order. The court must obtain and considerinformation about the places involved and the attitudes of the persons mostlikely to be affected by the enforced presence of the offender. In addition,provisions in the Criminal Justice (Scotland) Act 2003 made restriction of liberty orders a directalternative to custody.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Wednesday, 26 November 2003
-
Current Status:
Answered by Mary Mulligan on 15 December 2003
To ask the Scottish Executive, in respect of its fuel poverty reduction target, whether it is aware of statistics published by Ofgem on the number of disconnections broken down by energy company.
Answer
Yes and we have expressedour concern about the rise in disconnections to the companies concerned.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Thursday, 20 November 2003
-
Current Status:
Answered by Mary Mulligan on 15 December 2003
To ask the Scottish Executive whether it has made any representations to energy companies about the rising number of disconnections.
Answer
The legislation andregulation of the energy sector is a reserved matter and the performance of theenergy companies is monitored by the regulator, Ofgem, and also by the consumerwatchdog, energywatch. We have, however, expressed our concern to the energycompanies about the rise in disconnections and how the companies are operatingin Scotland.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Thursday, 27 November 2003
-
Current Status:
Answered by Jim Wallace on 10 December 2003
To ask the Scottish Executive whether the proposed Personal Bankruptcy and Diligence Bill will end the practice of bank arrestment being used as a form of diligence against those who receive state benefits by way of (a) personal bank accounts or (b) Post Office card accounts.
Answer
We recognised, in our April2002
Enforcement of Civil Obligations in Scotland consultation
http://www.scotland.gov.uk/consultations/justice/CivOb-00.asp, the need for protecting those living on subsistencelevels from the effects of the arrestment of their social security benefits whenin their bank or other accounts. Respondents supported but gave no clearpreference for the solutions offered. We are combining the best elements of theseoptions with further discussions with the UK departments on the practicalitiesof delivery into proposals for reform of the law of diligence to be consultedupon in this parliamentary year. This is a complex matter. I will write to themember with more detailed background information and a copy of the letter willbe placed in the Parliament’s Reference Centre.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Thursday, 27 November 2003
-
Current Status:
Answered by Ross Finnie on 10 December 2003
To ask the Scottish Executive whether it will address in a revised system of water relief for domestic consumers the issue of closing the gap between the income support allowance for water and sewerage and the actual charges levied.
Answer
Income support is a reservedmatter for the UK Government.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Thursday, 27 November 2003
-
Current Status:
Answered by Jim Wallace on 10 December 2003
To ask the Scottish Executive what options it has considered to protect people whose state benefits are paid into (a) personal bank accounts or (b) Post Office card accounts from bank arrestments as part of the proposed Personal Bankruptcy and Diligence Bill.
Answer
Discussions are continuingwith the Department of Work and Pensions on proposals for the reform ofarrestment and furthcoming following from the consultation document Enforcementof Civil Obligations in Scotland.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Thursday, 27 November 2003
-
Current Status:
Answered by Jim Wallace on 10 December 2003
To ask the Scottish Executive whether it will work with local authorities in the context of the proposed Personal Bankruptcy and Diligence Bill to ensure that bank arrestments are not served on individuals whose state benefits are paid into (a) personal bank accounts or (b) Post Office card accounts.
Answer
Local authorities will beincluded in the consultation on proposals for the reform of arrestment and furthcomingas part of the reform of the laws of personal bankruptcy and diligence, later inthis parliamentary year.
