Questions and answers

Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for ��˿�� to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S6W-39628

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 31 July 2025
Current Status: Answer expected on 28 August 2025

To ask the Scottish Government how many reported cases of sexual assault in each of the last three years have been subject to a diversion from prosecution.

Question reference: S6W-39224

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 08 July 2025
Current Status: Answered by Natalie Don-Innes on 31 July 2025

To ask the Scottish Government, further to the answer to question S6W-38853 by Natalie Don-Innes on 27 June 2025, what its position is, regarding how they could apply in Scotland, on the measures announced by the Home Secretary for England and Wales in response to the UK Government's national audit on group-based child sexual exploitation and abuse.

I refer the member to the answer to question S6W-38853 on 27 June 2025. The National Child Sexual Abuse and Exploitation Strategic Group has now met to discuss Baroness Casey's audit on group-based child sexual exploitation and abuse. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at /chamber-and-committees/written-questions-and-answers.

The group noted ongoing Scottish Government and Police Scotland activity to consider the audit’s findings and recommendations and the linkages with a number of areas already identified in the group’s workplan, including data development, supporting multi-agency information sharing and improving practitioner training and education on identifying and responding to child sexual abuse and exploitation. The group will discuss the audit again at its next meeting on 8th October.

Question reference: S6W-39629

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 30 July 2025
Current Status: Answer expected on 27 August 2025

To ask the Scottish Government how many accused persons in each of the last three years have been subject to a diversion from prosecution, and what the 10 most common offences being dealt with were.

Question reference: S6W-39627

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 30 July 2025
Current Status: Answer expected on 27 August 2025

To ask the Scottish Government, further to the answer to question S6W-19936 by Dorothy Bain on 1 August 2023, how many reported cases of rape in each year since 2023-24 have been subject to a diversion from prosecution.

Question reference: S6W-39235

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 10 July 2025
Current Status: Answered by Angela Constance on 30 July 2025

To ask the Scottish Government, further to the answer to question S6W-37247 by Angela Constance on 6 May 2025, and if it is the case that the peer review of the final report into the dual role of the Lord Advocate has concluded as anticipated, when a decision on the related consultation will be made, and when this consultation will begin.

Question reference: S6W-39234

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Thursday, 10 July 2025
Current Status: Answered by Angela Constance on 29 July 2025

To ask the Scottish Government, further to the answer to question S6W-37247 by Angela Constance on 6 May 2025, whether the research paper into the dual role of the Lord Advocate, which was with the peer reviewers and which the Cabinet Secretary “expected to be concluded by early June [2025]”, has concluded, and, if so, when it will be published, and, if it has not concluded, for what reason this is the case.

Question reference: S6W-39270

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 09 July 2025
Current Status: Answered by Angela Constance on 29 July 2025

To ask the Scottish Government whether it is aware of any police officers, prisoner officers or other public officials having been charged with misconduct in public office, or related common law offences, in the last five years.

The common law offence of misconduct in public office does not operate in Scotland. However, there is a comparable common law offence in Scots law of wilful neglect of duty.

Separate to common law, there are also some specific offences relating to the police in terms of failure to perform duty. These are contained in section 22 of the Police and Fire Reform (Scotland) Act 2012 and are the offence of being absent from duty and the offence of neglecting or violating a constable’s duty.

The following table provides data from the Crown Office and Procurator Fiscal Service (COPFS) on the number of charges related to these offences. However, this data cannot be disaggregated by the occupation or role of the accused person (though this is otherwise identified for the specific charge of Constable of Police Service of Scotland did neglect or violate duty).

Table: Number of Charges reported to COPFS related to culpable neglect of duty.

Charge	2020-21	2021-22	2022-23	2023-24	2024-25
Police and Fire Reform (Scotland) Act 2012 S22(3) - Constable of the Police Service of Scotland did neglect or violate duty	1	1	0	2	6
Wilful neglect	0	0	0	1	0
Police wilfully neglect duty (Common Law)	1	0	0	0	0
Total	2	1	0	3	6

In addition to the above, the Scottish Prison Service (SPS) has confirmed that 62 employees have been subject to a Gross Misconduct disciplinary procedure as a consequence of Police Scotland charges since January 2021. SPS is unable to confirm whether the related police charges fall under common law or statutory criminal offences.

Question reference: S6W-39269

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 09 July 2025
Current Status: Answered by Angela Constance on 29 July 2025

To ask the Scottish Government what its position is on (a) what should happen in the event that a prison officer is suspected of engaging in corrupt practices, (b) whether such officers should face criminal charges and (c) what specific criminal offences such officers could be charged with.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

If a prison officer is suspected of engaging in corrupt practices, SPS will implement its Anti-Corruption Policy and Guidance. Where information suggests that a prison officer has participated or has become involved in corrupt activity, those matters will be progressed in accordance with SPS’ Code of Conduct policy.

If information exists to suggest that corruption may have, or is alleged to have taken place, the matter will be referred to Police Scotland who will determine whether any criminal proceedings should be brought against those thought to be involved.

The specific criminal offences that a prison officer could be charged with will depend on the nature and extent of corrupt behaviour and/or activity that they have been found or alleged to have participated in.

While the vast majority of staff adhere to the highest standards of conduct, SPS is always vigilant to any potential corruption within establishments. Maintaining the safety and security of Scotland’s prisons is and remains, an absolute priority.

Question reference: S6W-39225

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 08 July 2025
Current Status: Answered by Angela Constance on 29 July 2025

To ask the Scottish Government what individual characteristics Police Scotland records in its crime reporting system, and whether there are any characteristics that are not recorded that the Scottish Government believes should be.

Information is not held centrally on the full range of individual characteristics that Police Scotland collect in their crime recording system. Further advice may be available from contacting them directly through the office of the Chief Constable. It is an operational matter for Police Scotland to determine the specific categories of information gathered and recorded, in the pursuit of their duties.

Question reference: S6W-39226

Asked by: Liam Kerr, MSP for North East Scotland, Scottish Conservative and Unionist Party
Date lodged: Tuesday, 08 July 2025
Current Status: Answered by Angela Constance on 29 July 2025

To ask the Scottish Government what characteristics it (a) collates and (b) publishes regarding those convicted of committing child sexual abuse and exploitation.

The Scottish Government’s Criminal Proceedings in Scotland statistics reports data on people convicted in Scottish courts. This data is drawn from a subset of Police Scotland’s Criminal History System, with only the minimum information required for statistical reporting and publication received. Alongside any crime(s) committed and the main sentence given, this includes data on a convicted person’s date of birth (used to calculate age at sentencing) and sex. In some cases their Local Authority of residence is also known. Although breakdowns by crime (main charge), sentence (main penalty), age (at sentencing) and sex are included in the Criminal Proceedings in Scotland bulletin, there is currently no published disaggregation of those convicted of child sexual abuse and exploitation.