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Scottish Budget Spending Review 2007

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CHAPTER 23: JUSTICE

Table 23.01 Spending Plans 2008-11

2007-08
Budget
£m

2008-09
Draft Budget
£m

2009-10
Plans
£m

2010-11
Plans
£m

Community Justice Services

16.8

21.1

23.2

23.2

Courts Group

41.8

44.3

46.3

48.1

Criminal Injuries Compensation

28.5

28.5

28.5

28.5

Fire Central Government

7.0

41.3

17.2

15.0

Legal Aid

168.4

167.2

170.7

173.0

Police Central Government

128.5

138.5

162.6

165.2

Safer Communities

34.5

32.3

34.8

35.6

Accountant in Bankruptcy

6.6

6.9

7.0

7.0

Scottish Court Service

79.4

81.3

92.9

95.3

Scottish Prison Service

427.3

443.3

464.7

480.8

Office of the Scottish Charity Regulator

3.6

3.6

3.7

3.7

Miscellaneous

36.7

33.0

34.2

34.9

Total

979.1

1,041.3

1,085.8

1,110.3

COMMUNITY JUSTICE SERVICES

Table 23.02 Detailed Spending Plans 2008-11

2007-08
Budget
£m

2008-09
Draft Budget
£m

2009-10
Plans
£m

2010-11
Plans
£m

Offender services

10.3

14.6

16.7

16.7

Victim/witness support

5.7

5.7

5.7

5.7

Miscellaneous

0.8

0.8

0.8

0.8

Total

16.8

21.1

23.2

23.2

What the budget does

This programme provides funding for: electronic monitoring provisions by private sector contractors including Restriction of Liberty Orders across Scotland; non-local government spend on Drug and Youth Courts; implementing the provisions in the Management of Offenders etc. (Scotland) Act 2005 to set up multi-agency public protection arrangements in relation to sex offenders; covering the running costs of Community Justice Authorities; section 10 funding of voluntary organisations operating in the criminal justice social work field; implementation of measures that assist victims of crime; implementation of the Vulnerable Witnesses Act and associated projects that help meet the needs of child and vulnerable witnesses; and Victim Support Scotland (for headquarter costs and for local victim support and witness services). These resources are in addition to resources for the support of community justice services provided by local authorities, which are now included within the local government settlement.

In 2008-09, we will focus our resources on:

  • continuing to improve the range and quality of the community penalties available to the courts;
  • supporting initiatives to tackle the problems of youth crime, drug-related crime and women offenders; and
  • improving the quality and targeting of support for victims and vulnerable witnesses.

Budget changes

The figures for 2008-09 and beyond take account of the following transfers relative to 2007-08: £2 million from Miscellaneous for Community Justice Authorities; £2 million from Safer Communities for Drug Initiatives; and £1 million to the Scottish Court Service for Youth Courts.

Additional funding of £1.2m/£3.3m/£3.3m will support investment in community penalties, enabling the rollout of proposals in the Review of Community Penalties to improve their operation and allow them to be used in a wider range of appropriate cases.

COURTS GROUP

Table 23.03 Detailed Spending Plans 2008-11

2007-08
Budget
£m

2008-09
Draft Budget
£m

2009-10
Plans
£m

2010-11
Plans
£m

Courts Group 1

14.3

15.9

17.1

18.1

Judicial Salaries 2

27.5

28.4

29.2

30.0

Total

41.8

44.3

46.3

48.1

Notes:
1. This spending provides for the Scottish Government contribution to the superannuation costs of the judiciary, for the fees to part-time judiciary, for the running costs of a number of small departments and other judicial expenses (training and travel, etc.).
2. This is non-voted spending which is met from the Scottish Consolidated Fund but is also part of the Departmental spending limit.

What the budget does

Courts Group has overall responsibility for financing the cost of the judiciary. In 2008-09, we will focus our resources on tackling the backlog of work in the Appeal Court.

Budget changes

The figures given above for 2008-09 and beyond take account of the following transfers relative to the figures given for 2007-08: £0.3 million was transferred from Legal Aid non-cash resource for cost of capital charges; £0.4 million transferred from the Lay Justice Fund (Miscellaneous) for judicial appointments and studies; and £0.2 million transferred to Scottish Court Service for the judicial car service.

Additional funding of £2.0m/£4.0m/£5.8m will support Senior Salaries Review Body pay recommendations.

CRIMINAL INJURIES COMPENSATION ( CIC)

Table 23.04 Detailed Spending Plans 2008-11

2007-08
Budget
£m

2008-09
Draft Budget
£m

2009-10
Plans
£m

2010-11
Plans
£m

Administration Costs

3.0

3.0

3.0

3.0

CIC Scheme

25.5

25.5

25.5

25.5

Total

28.5

28.5

28.5

28.5

What the budget does

The Criminal Injuries Compensation Scheme provides compensation for personal injuries attributable to crimes of violence. The demand-led scheme is administered by two cross-border public authorities: the Criminal Injuries Compensation Authority ( CICA) and the Criminal Injuries Compensation Appeals Panel ( CICAP). This programme funds the Scottish Government contribution to the scheme which is determined by a Memorandum of Understanding with the Ministry of Justice. The current Scottish contribution is
11 per cent. Since 1 April 2006, CICAP has been administered as part of the Tribunals Service, an Executive Agency of the Ministry of Justice.

FIRE CENTRAL GOVERNMENT

Table 23.05 Detailed Spending Plans 2008-11

2007-08
Budget
£m

2008-09
Draft Budget
£m

2009-10
Plans
£m

2010-11
Plans
£m

Scottish Fire Services College

4.6

4.6

4.7

4.7

Miscellaneous

2.4

36.7

12.5

10.3

Total

7.0

41.3

17.2

15.0

What the budget does

The main element of spending on this programme is the provision of training for fire service personnel, including the purchase of progression and specialist training from the Fire Service College in England; and delivery and development of foundation and other training, particularly the Integrated Personal Development System ( IPDS) for Scottish Fire and Rescue Services and the maintenance of training facilities at the Scottish Fire Services College ( SFSC).

In 2008-09, we will focus our resources on:

  • implementing in full the Firelink communications project;
  • continuing to meet the training needs of the fire service; and
  • work with brigades to promote Community Fire Safety through the production of CFS literature and related materials.

Budget changes

The figures given above for 2008-09 and beyond take account of the transfer of £0.5 million from Legal Aid non-cash resource for cost of capital charges.

Additional funding of £33.8m/£9.7m/£7.5m will enable the Firelink communications project in those years to be met in full, together with a small increase in running costs for the SFSC.

LEGAL AID

Table 23.06 Detailed Spending Plans 2008-11

2007-08
Budget
£m

2008-09
Draft Budget
£m

2009-10
Plans
£m

2010-11
Plans
£m

Administration

12.7

12.7

12.7

12.7

Legal Aid Fund

155.7

154.5

158.0

160.3

Total

168.4

167.2

170.7

173.0

What the budget does

The Scottish Legal Aid Board (a Non-Departmental Public Body that derives its general powers and functions from the Legal Aid (Scotland) Act 1986) administers legal aid in Scotland. The Board has responsibility for the granting of legal aid in all cases, except solemn criminal cases for which the courts decide (although provisions in the Legal Profession and Legal Aid (Scotland) Act 2007 which are scheduled to be commenced in 2008 will transfer this power to the Board for almost all solemn cases), some children's legal aid, and advice and assistance which is granted by solicitors. The Board employs solicitors under Part V of the 1986 Act to provide civil legal advice to other organisations and, in limited circumstances, to the public, and to provide criminal legal advice and representation to accused persons through the Public Defence Solicitors Office network. The Board also has responsibility for the settlement of all accounts.

In 2008-09 we will focus our resources on continuing to modernise the legal aid system to ensure that it develops and delivers appropriate access to quality legal assistance for those eligible, including direct provision of advice where necessary to meet gaps in provision in particular subject or geographical areas, and operates in an efficient and effective manner, especially in underpinning the summary justice reforms.

Budget changes

The 2007-08 figure is not directly comparable with later years because it includes £3.7 million of non-cash resource which was transferred to Police Central Government, Fire Central Government, Courts Group and Accountant in Bankruptcy.

The funding increase of £2.5m/£6.0m/£8.3m takes account of on-going pressures on the Legal Aid Fund due to increased numbers of cases, particularly in solemn criminal work, set against prospective savings from reforms which will be implemented over the Spending Review period.

POLICE CENTRAL GOVERNMENT

Table 23.07 Detailed Spending Plans 2008-11

2007-08
Budget
£m

2008-09
Draft Budget
£m

2009-10
Plans
£m

2010-11
Plans
£m

Support Services

81.8

84.5

98.6

96.0

Information and Communications Technology

27.6

31.1

39.4

42.0

Police Other

11.3

13.4

14.6

16.7

Special Grants

7.8

9.5

10.0

10.5

Total

128.5

138.5

162.6

165.2

What the budget does

General spending by police forces is met through the local authority settlement. This programme covers spending on:

  • centrally-provided costs for the Scottish Police Services Authority which provides common police services such as training, IT development and criminal records;
  • centrally-provided costs for the Scottish Crime and Drug Enforcement Agency;
  • support for specific services, including Safety Camera Partnerships, and the staff and support costs of the Scottish Police Federation, Association of Chief Police Officers in Scotland and Association of Scottish Police Superintendents;
  • the Police Complaints Commissioner for Scotland;
  • other specific payments to police authorities, including for various security measures; and
  • miscellaneous expenditure, including payments to the Home Office for services provided on a GB basis (e.g. National Police Improvement Agency and Serious and Organised Crime Agency).

Budget changes

The figures given above for 2008-09 and beyond take account of the following changes relative to those for 2007-08: £2.6 million from Legal Aid non-cash resource for cost of capital charges; £0.3 million to the local government settlement for marches and parades; and £0.5 million to the Miscellaneous programme for the Integration of Scottish Criminal Justice Information Systems.

As from 2008-09, £1.1 million was transferred from the Crown Office for forensic services and £8.6 million from HM Treasury to compensate for the ending of hypothecation of fine revenue from safety cameras.

Additional funding in 2009-10 and 2010-11 of £22.7 million and £25.3 million will meet a variety of pressures including the Scottish Police Services Authority development, pump-priming of efficiency projects, contribution to UK-wide facilities and counter terrorism.

SAFER COMMUNITIES

Table 23.08 Detailed Spending Plans 2008-11

2007-08
Budget
£m

2008-09
Draft Budget
£m

2009-10
Plans
£m

2010-11
Plans
£m

Antisocial Behaviour

2.8

2.8

2.8

2.8

Drug Misuse 1

31.7

29.5

32.0

32.8

Total

34.5

32.3

34.8

35.6

Note:
1. The 2007-08 budget figure is not directly comparable as £3 million has been transferred to the Health and Wellbeing Portfolio and Community Justice Services for drugs-related services.

What the budget does

It funds a number of national initiatives promoting joint action against crime and antisocial behaviour. It also provides resources to Drug Action Teams, through Health Boards, to tackle drug misuse at a local level.

In 2008-09, we will:

  • fund a number of national initiatives, including Neighbourhood Watch and Crime Stoppers, which support communities to combat crime and antisocial behaviour; and
  • continue to provide financial support to increase access, capacity and quality of drug treatment and rehabilitation services.

Budget changes

The figures given above for 2008-09 and beyond take account of the following changes relative to those for 2007-08: £1 million transferred to the Health and Wellbeing portfolio for core NHS Health Scotland funding and £2 million transferred to Community Justice Services for drug initiatives.

The additional investment of £0.8m/£3.3m/£4.1m is to increase the availability of effective drug rehabilitation and other initiatives.

ACCOUNTANT IN BANKRUPTCY

Table 23.09 Detailed Spending Plans 2008-11

2007-08
Budget
£m

2008-09
Draft Budget
£m

2009-10
Plans
£m

2010-11
Plans
£m

Operating Expenditure

6.6

6.9

7.0

7.0

Total

6.6

6.9

7.0

7.0

What the budget does

The Agency supervises the process of personal insolvency in Scotland, investigates complaints against trustees in bankruptcy and acts as trustee in bankruptcy when appointed by the court. The Agency also maintains the public register of bankruptcies, protected trust deeds and company insolvencies. Functions under the Debt Arrangement and Attachment (Scotland) Act 2002 to act as the administrator for the Debt Arrangement Scheme were delegated to the Agency in November 2004. This includes approving money advisers, payment distributors and debtors' debt payment programmes. The Agency provides advice to Ministers on the development of policy in relation to bankruptcy, corporate insolvency, the Debt Arrangement Scheme and diligence.

In 2008-09, we will focus our resources on:

  • further improving the delivery of our frontline public services to customers and improving our engagement with stakeholders;
  • helping to deliver an effective and cost-efficient service by further enabling online access to services and encouraging electronic communication; and
  • reviewing our contract with insolvency practitioners for the administration of cases, our operating model and our cost-recovery model to limit the impact on, and ensure the most efficient use of, public funds.

Budget changes

The figures given above for 2008-09 and beyond take account of £0.3 million transferred from Legal Aid non-cash resource for cost of capital charges.

SCOTTISH COURT SERVICE

Table 23.10 Detailed Spending Plans 2008-11

2007-08
Budget
£m

2008-09
Draft Budget
£m

2009-10
Plans
£m

2010-11
Plans
£m

Operating Expenditure

69.1

71.0

74.2

75.0

Capital Expediture

10.3

10.3

18.7

20.3

Total

79.4

81.3

92.9

95.3

What the budget does

Scottish Court Service ( SCS) provides the staff, accommodation and administrative infrastructure for the Court of Session, High Court of Justiciary and the 49 Sheriff Courts across Scotland. It also operates the Office of the Public Guardian, and Office of the Accountant of Court.

The budget for the SCS covers the running costs of operating these courts, excluding judicial salaries. A major part of the budget is devoted to maintaining and improving the court estate that includes many listed buildings.

In 2008-09, we will focus our resources on:

  • taking on responsibility for running district courts in the Lothian and Borders Sheriffdom and the Grampian, Highland and Islands Sheriffdom and planning for the implementation of other provisions contained in the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (part of the summary justice reform programme);
  • improving service delivery in the courts and accommodating increases in court business, especially solemn criminal business; and
  • delivering an estate that is fit for purpose and which addresses the diverse needs of all who use our buildings: this will include a major project to improve the Court of Session facilities at Parliament House in Edinburgh; creating a renewed Sheriff Court facility at Dumbarton; improving the buildings inherited through the changes to summary justice; and creating better facilities for people with disabilities, vulnerable witnesses and those in custody.

Budget changes

The figures given above for 2008-09 and beyond take account of the transfer of £1 million from Community Justice Services for Youth Courts and £0.2 million transferred from Courts Group for judicial car services.

Additional funding of £0.8m/£12.4m/£14.8m will be used to meet pressures on Parliament House and on summary justice reform.

SCOTTISH PRISON SERVICE

Table 23.11 Detailed Spending Plans 2008-11

2007-08
Budget
£m

2008-09
Draft Budget
£m

2009-10
Plans
£m

2010-11
Plans
£m

Direct Running Costs 1

257.8

260.3

270.6

276.8

Other Current Spending 2

71.9

72.6

75.5

77.2

Capital Expenditure

97.6

110.4

118.6

126.8

Total

427.3

443.3

464.7

480.8

Notes:
1. Consists of staffing and other prison running costs (which include maintenance, rent and rates, telecommunications, etc.).
2. Covers prisoner-related costs such as medical/dental services, food, clothing and bedding, and industries-related costs such as workshop materials and prisoner earnings.

What the budget does

The Scottish Prison Service ( SPS) was set up as an Executive Agency in April 1993. It is funded by the Scottish Government and is answerable to the Cabinet Secretary for Justice.

In 2008-09, we will focus our resources on making Scotland a safer place by:

  • holding securely and in good order the offenders sent by the courts, caring for offenders with humanity and providing them with appropriate opportunities;
  • delivering offender management services, programmes and activities which address the causes of offending and re-offending and working to improve the outcomes for prisoners;
  • investing to create an estate which is fit for purpose;
  • supporting prison staff to deliver their difficult work for society with professionalism and skill; and
  • working in partnership with other organisations in the public, private and voluntary sectors that deliver services to offenders and playing a full role in the integration of offender management services.

Budget changes

Additional funding of £12.8m/£21.0m/£29.2m will support the ongoing development and modernisation of the prison estate.

OFFICE OF THE SCOTTISH CHARITY REGULATOR

Table 23.12 Detailed Spending Plans 2008-11

2007-08
Budget
£m

2008-09
Draft Budget
£m

2009-10
Plans
£m

2010-11
Plans
£m

Operating Expenditure

3.6

3.6

3.7

3.7

Total

3.6

3.6

3.7

3.7

What the budget does

The Office of the Scottish Charity Regulator ( OSCR) is the independent registrar and regulator for Scottish Charities. It has a statutory function to determine the charitable status of bodies, keep the public register of charities (the definitive on-line register contains details of over 23,000 charities), to encourage, facilitate and monitor compliance by charities and to identify and investigate apparent misconduct in the administration of charities, taking remedial or protective action as appropriate. OSCR also has a duty to give information and advice Scottish Ministers on matters relating to OSCR's functions. OSCR is a
Non-Ministerial Department and was created in April 2006 in accordance with the requirement of the Charities and Trustee Investment (Scotland) Act 2005.

In 2008-09, we will focus our resources on delivering our corporate objectives to:

  • increase public confidence in charities through effective regulation;
  • increase transparency and public accountability of charities;
  • increase charity trustees' awareness and observance of their statutory responsibilities;
  • establish and maintaining OSCR as a trusted, effective and innovative regulator; and
  • reduce the burden of regulation on charities wherever possible, with particular emphasis on reducing multiple reporting.

MISCELLANEOUS

Table 23.13 Detailed Spending Plans 2008-11

2007-08
Budget
£m

2008-09
Draft Budget
£m

2009-10
Plans
£m

2010-11
Plans
£m

Civil Defence and Emergency Planning

2.8

4.0

4.5

4.8

Residential Accommodation for Children

3.5

3.5

3.5

3.5

Other Miscellaneous

30.4

25.5

26.2

26.6

Total

36.7

33.0

34.2

34.9

What the budget does

Under the Civil Contingencies Act 2004 the eight emergency Strategic Co-ordinating Groups (based on police and fire areas) have responsibility to work together to plan for, and respond to, emergencies in their area. The civil contingencies budget will be used to support implementation of the Civil Contingencies Act and promote co-ordination between local responders within and between the co-ordinating groups in Scotland. This budget promotes central and local government preparations for emergencies of any kind, taking account of the new emphasis on contingency planning against known threats.

The budget also covers a wide range of smaller justice-related spending areas such as residential accommodation for children, the Parole Board for Scotland, the Scottish Prisons Complaints Commission, Scottish Criminal Cases Review Commission and the Risk Management Authority.

In 2008-09, we will focus our resources on:

  • supporting the implementation of the Civil Contingencies Act, local training and exercising and communication systems for emergencies; and
  • covering the costs for children who are ordered to be detained in secure accommodation by the courts under sections 205(2) and 208 of the Criminal Procedure (Scotland) Act 1995.

Budget changes

The figures given above for 2008-09 and beyond take account of the following transfers relative to those for 2007-08: £0.4 million transferred to Judicial Appointments and studies; £1 million to the Scottish Parliament in respect of the Scottish Human Rights Commission; £2 million to Community Justice Services for Community Justice Authorities; £1.5 million to Education for National Family Support bodies and £0.5 million from Police Central Government to cover the costs of the Integration of Scottish Criminal Justice Information System ( ISCJIS). From 2008-09, the Reducing Re-offending level 2 budget line will be incorporated into the Miscellaneous programme.

Additional funding of £0.7m/£1.9m/£2.6m will support civil contingencies investment.