 I remind members that social distancing measures are in place in the chamber and across the Holyrood campus. I ask that members take care to observe those measures, including when entering and exiting the chamber. Please only use the aisles and walkways to access your seat and when moving around the chamber. The next item of business is justice portfolio questions. If a member wishes to request a supplementary question, they should, during the relevant question, press the request to speak button or indicate in the chat function by entering the letter R. I call question number one, Sandesh Gohani, who is joining us remotely. To ask the Scottish Government what impact the presumption against short sentences has had on the number of people who are sent to jail for assaulting emergency workers. The presumption against short sentences was extended to 12 months or less, from three months or less, in 2019, and applied to offences committed on or after 4 July 2019. The impact of the extension is being monitored, and a second bulletin was published by Scotland's chief statistician on 23 March covering all charges that are disposed of in Scotland's courts from 1 January to 31 December 2020. At present, however, it is too early to assess the impact of the extended presumption, particularly given the impact of the pandemic on court prisoners since early 2020. Sandesh Gohani? Just in a third of those convicted under the 2005 act for assaulting an emergency worker went to prison. Data from NHS Health Board, which covers only half of this pandemic year, shows that nearly 5,000 instances of assault were recorded against NHS staff. Kenny Gibson spoke of the 250 ambulance crews assaulted that the First Minister said was unacceptable. Those workers supported the country through a pandemic. They put their lives at risk to help. We clapped for them, and they deserve better protection. Will the cabinet secretary support revoking the presumption against short prison sentences for NHS staff assault, so that those criminals can face true justice? I remind the chamber that this party and other parties in the chamber supported the introduction of the relevant legislation. It was opposed only by the Conservative parties. We are not taking lessons on the fact that we have to look after our emergency workers. The Government has introduced an extension to the categories of emergency workers. We are very concerned, but we have a very good track record in using the law to protect emergency workers. I have said that it is too early to determine the effect of the extension of the presumption against short sentences from three months to 12 months, so that the proportion of people given community sentences for convictions under the emergency workers act has remained similar over the past 10 years. 30 per cent of people, as the member says, just under a third people convicted in 2019-20 under the act received a community sentence, and that is roughly the same as in 2010-11. The proportion of people given custodial sentences for convictions under the emergency workers act increased from 30 per cent in 2010-11 to 32 per cent in 2019-20. The Government has taken the action that is necessary to help to improve the situation for emergency workers, attacks on whom are always unacceptable, unlike the party that the member represents, which refuse to support it and, indeed, oppose the legislation that was brought in. To ask the Scottish Government what action it is taking to ensure that the prosecution system delivers fairer and more effective justice. Scotland's prosecution system is, of course, a matter for the Lord Advocate. The Lord Advocate is head of the systems for the prosecution of crime in Scotland and exercises those functions independently of any other person. The Scottish Government has committed an additional £50 million in this year's budget to support recovery across the justice system, including increased funding to the Crown Office and Procurator Fiscal Service, and that reflects our strong support of those vital services that they deliver through those offices. That is in addition, of course, to the increased funding provided to the Crown Office and Procurator Fiscal Service in recent years through the annual budget process. I thank the cabinet secretary for that answer and the previous commitment to consult and not proven. Across the chamber, I think that there is growing recognition that there is a strong case for the abolition of the verdict. Will the cabinet secretary encourage a wide range of stakeholders and those with lived experience to respond to the consultation when it is launched later this parliamentary term in order to help inform the best policy decisions on the matter? I acknowledge the experience that she has in the area. She will be aware that a broad range of stakeholders, including those with direct experience of the system, played a very important role in last year's engagement events on the findings of the independent jury research commission to consider the unique nature of the Scottish jury system. That included survivors with direct experience of the not proven verdict, and some of them gave powerful testimony about the lack of clarity about its meaning and implications, and they also testified that they were unaware or unprepared for the possibility that a not proven verdict might be returned in their case. I am happy to confirm to the member that we will continue to take an opening consultant of approach going forward. As part of the formal public consultation, we will seek to capture the views of a broad range of stakeholders, including legal professionals, the third sectors and, as the member suggests, those with lived experience of the system. I thank the member for raising what is an important issue, which we will pursue in this Parliament. However, the cabinet secretary will also be aware that less than 1 per cent of victims apply for the victim right to review scheme when a decision is made not to prosecute by the Crown or to discontinue prosecution. The inspectorate of prosecution in Scotland recommends that all victims should be notified of such a decision. Is the cabinet secretary confident that all victims are being contacted in such a case? If so, why are so few taking advantage of their right to review? I thank the member for his question. I think that we will cover as we go through the questions in more depth some of the victims' issues that he has quite rightly raised. If it is the case and he is aware of it being the case that there are parts of the system that do not make sure that the statement is sought, then I am happy to look at that if he provides that information. It is possibly the case that we should really look in more depth as to why that would be the case and that more people do not request it. I would just say that I am happy to look at that. Obviously, there is a different authority in relation to that and we have to respect that authority, but I am happy to look at that and to find out more information and share that with the member when we do so. To ask the Scottish Government whether it will provide an update on its plans to tackle violence against women, particularly in relation to prostitution and purchasers of sex. The Scottish Government remains committed to tackling violence against women and girls and this work continues within the framework of equally safe strategy. We have made £18 million available in 2021 to tackle violence against women and we have pledged to allocate an additional £5 million within the first 100 days of government to support front-line services and deal with the demand that has built up during the pandemic. The pandemic has had a disproportionate impact on women and those involved in prostitution have faced increasing challenges, which have put them at further risk of harm. Last year, we took forward Scotland's first national consultation on challenging men's demand for prostitution and yesterday we published the findings and the Scottish Government's response. That sets out our commitment to develop a progressive model for Scotland to tackle the form of violence against women and a programme of work to co-design services with those with lived experience so that support services meet the needs and, when they are ready to do so, help women to exit prostitution. I thank the minister for that reply. I know that she has listened, as I have, to survivors and those who have experienced prostitution. It seems to me that very few women are at voluntarily involved in prostitution. The vast majority are either being forced by somebody else or by their circumstances. Surely, if men are purchasing sex, they are guilty of violence against women and should be criminalised. Yes, I agree with the member. Within the equally safe strategy, we have set out that it is a form of commercial sexual exploitation and part of what we would consider to be and respond to as violence against women. I am very interested in taking forward the views that were expressed in the consultation. Obviously, there was a difference of opinion expressed in the consultation. Many respondents favoured a decriminalisation approach such as one that you might find in New Zealand. Many others also favoured an approach known as the Nordic model, which would be associated particularly with Sweden. I am very interested in taking that forward. We are committing to developing a model specifically for Scotland that will reduce the harms and support women to exit, but, crucially, we will challenge men's demand for sex. supplementary from Rhoda Grant, who is joining us remotely. Commercial sexual exploitation is an aspect of violence against women that we have made very little progress in defeating prostitution's signal about how unequal our society is with regard to women. Victims of exploitation are so criminalised while those who exploit them face no sanction whatsoever. Will the Scottish Government legislate to change that? While doing so, look at how victims who have been prosecuted and have these convictions raised, because that is a huge barrier to them exiting prostitution and starting new lives for themselves. I would like to start by commending the member's long-standing interest and work in that area. I think that she is quite correct in some of the things that she has set out there. I, obviously, recognise that this is the first-ever consultation on prostitution and challenging men's demand for the purchase of sex. I would like to invite the member to work with me and the Government as we go forward to develop a model that is right for Scotland, a model that recognises the lived experience of those who have been involved in prostitution, a model that seeks to challenge men's demand for the purchase of sex, and a model that is right for Scotland and that sits within our framework for equally safe. To ask the Scottish Government what action it is taking to improve support for victims of crime. Our manifesto sets out a range of commitments aimed at ensuring that victims' rights at the heart of our justice system. We will appoint a victims commissioner to provide an independent voice for victims and we will also review the provision of victim services. We will also introduce a justice specific knowledge and skills framework for trauma-informed practice and will ensure that restorative justice services are widely available across Scotland by 2023. We have invested more than £88 million in the justice budget to support victims over the past five years, including £18.2 million this year, and we are developing a new funding regime to ensure that support is available to all victims, regardless of crime type or location. I thank the cabinet secretary for that answer. The victim's rights should be at the centre of our justice system and introducing a victims commissioner provides a real opportunity for Scotland to lead the way on that globally. The cabinet secretary outlined whether the Scottish Victims Commissioner could emulate the success of the Children and Young People's Commissioner for Scotland role. The Children and Young People's Commissioner plays a crucial role as a champion and guardian of children's rights, providing challenge where necessary. In that respect—or those respects, rather—it is not dissimilar to the Veterans Commissioner, which I introduced a number of years ago. The member is right to draw parallels with the role that a victims commissioner could play as an independent figurehead to represent victims views and champion their cause, while also ensuring that policy and practice is considered from a victims perspective. We will work closely with victims and victims organisations to develop a role tailored to the needs of those affected by crime in Scotland. A key facet of that role will be to work with the Children's Commissioner to ensure that victims of all ages have their voices heard. Supplementary from Russell Findlay. This week, I received this letter from the parole board. It told me that the violent criminal who committed an attack against me had applied for parole and had been rejected. I am one of the lucky ones. I am only entitled to this information because my attacker is serving a sentence of greater than 18 months. Other victims of horrific crimes, including sexual violence, are not eligible for the victim notification scheme. Will the cabinet secretary consider extending the scheme to include victims where offenders are sentenced to less than 18 months? The member will know from previous exchanges that the Government is committed to a number of changes, including changes in this area, some of which reflect some of the proposals in the 10-point plan that the Conservatives have in relation to victims. It is important that amendments to the parole board rules come into force on 1 March 2021. They include provisions to ensure that the board considers the safety and welfare of victims on release and that victims receive a summary of the board's recommendations. Further work has been undertaken to rewrite the parole board rules to modernise and simplify them. That is under way currently. We plan to go out to consultation on the new rules towards the end of this year. There are commonalities between the approach of the Conservatives and the Government in relation to that. I extend an offer to work together in relation to that. It may well be that we can achieve the same ends from the approaches of our relative manifestos. I hope that the member will be able to engage in that consultation and to engage with the Government on achieving the best outcome. To ask the Scottish Government what its response is to reports that delays to criminal trials are adversely affecting victims' mental health. As I made clear in the justice recovery new transform debate in the Parliament last week, I recognise, of course, the impact that delays and uncertainty have on all those involved in criminal court processes, including the mental health and physical health of victims. That is why the Government will ensure that our justice system takes account of the interests of victims' witnesses and, indeed, those accused of offences as they deal with the backlog in cases. Like all of our justice partners, I remain committed to addressing the current court backlog as a consequence of the Covid pandemic, assisted by the additional £50 million of funding that we have provided to support recovery. In addition, on top of existing funding for victims' organisations, we have committed to providing an additional £5 million this year to support front-line services and supporting victims of violence against women and girls to help to deal with outstanding demand built up during the pandemic. The latest quarterly criminal court statistics show that the backlog has more than doubled. SCTS modelling estimates will not be cleared until March 2025. The resulting pain and mental health problems with victims is horrifying, and we know that the backlog of domestic abuse trials in courts such as Aberdeen has caused victims untold anguish. SCTS modelling states that expanding trial court capacity to 25 could clear the high court backlog by March 2023. Cabinet Secretary's own motion in his debate last week said that there was a need to address the backlog, so will he commit to making that expansion? I should say that we have already announced the number and implemented a number of changes that have helped to seek to, first of all, reduce the backlog and stop it from increasing, not least as I mentioned last week. The remote juries that we have established, remote jury locations across the country. I also mentioned the £50 million previously that will be used and is being used now to ensure that we can scale up significantly the sheriff courts in September of this year, which should help further with that backlog. However, we have seen almost the achievement of the same number of solemn cases, criminal cases, taking place as prior to the pandemic. It has required a huge amount of effort on behalf of the partners that he mentioned in the court service about others. We are very grateful to them for doing that. It is in all our interest to try to make sure that we minimise that backlog, and I would hope to work with the member to try to achieve that over the coming years. Thank you, Presiding Officer. An accused person may not be held in custody for trial for more than 140 days unless the trial has commenced and may be extended by a judge on cause shown. There were significant delays to the high court trial prior to the pandemic, so is the cabinet secretary satisfied that the use of cause shown is a high enough test to prevent court delays or is it going to become meaningless if it is going to take such a length of time to get back on track? Will the cabinet secretary make a full impact assessment on victims of delays, especially to victims of rape and serious sexual assault? I thank the member for her question first of all and say that I am happy to come to the chamber anytime to give updates on the extent of the situation in relation to the courts and the impact that might be harming on victims. Of course, members can propose questions, motions and otherwise debates in this place to do that, so I am happy to do that. Of course, I would acknowledge the fact that remand in particular has been an issue because of the backlogs that we have seen, and that does cause concern. We want to take early initiatives in addition to the ones that I have already mentioned to try to address that, but I am happy, as I say, to answer future questions from the member. To be perfectly honest, on the specific question that she asked, I think that I would want to take a bit more information about that and find out from those at the front end of the system what their experience is, but I am happy to work with the member on those issues as we go forward. Thank you to ask the Scottish Government how many projects have been funded by the Cashback Communities programme in East Lothian since the initiative was launched? Since the Cashback for Communities programme was launched in 2008, young people in East Lothian have benefited from 40 projects and £1.5 million in investment. That has delivered over 65,000 activities to support young people from East Lothian into positive destinations and divert from potentially criminal behaviour. Paul MacLean? I thank the cabinet secretary for the answer. Cashback for Communities is a transformative initiative and it is happening to hear that so many organisations and young people in my constituency have benefited. Can the cabinet secretary share with the chamber some of the findings from the evaluation of the latest phase of the programme specifically regarding the impact being involved in the scheme that has had on young people's lives? I thank the member for his question and I agree with him that I have seen the impact on my constituency of the initiative. At the evaluation of phase 4 of Cashback, which ran from 2017 to 2020, was published in December last year. During that phase, Cashback reached more than 100,000 young people. Involvement in the programme was found to have directly improved the wellbeing over 80,000 young people, moved 35,000 young people on to a positive destination such as a new job or further education, and specifically reduced antisocial or criminal behaviour of over 8,000 young people. Over two thirds of the young people involved were from the most deprived areas in Scotland. I have a quote here from one of our Cashback participants, which demonstrates the impact that the programme has on the young people of Scotland. I wasn't doing anything with my life. Now, seven months down the line, I'm in my first year of training and I'll be starting an apprenticeship. In four years, I'll be a fully qualified electrician and that was a participant in the action for children's behavioural change, wellbeing and inclusion service. This is a story that's not often enough told, the success that we're having with these initiatives to divert people away from a life of crime. Alex Cole-Hamilton Thank you, Presiding Officer. To ask the Scottish Government whether it will provide an update on its plans to raise the age of criminal responsibility to the international minimum. The Age of Criminal Responsibility Scotland Act of 2019 requires that the Scottish ministers review the operation of the act and the review is to cover the operation of the act generally, looking, for example, at whether the act has achieved its objectives, whether all the provisions are operating as intended. In addition, the review is to consider raising the age of criminal responsibility further. The act requires that the review takes place in the three years following section 1 coming into force. A report will be prepared following the review, which must then be published and laid before the Scottish Parliament. Finally, the Age of Criminal Responsibility advisory group, which is chaired by the Minister for Children and Young People, considers the act as part of its on-going remit. Alex Cole-Hamilton I'm grateful to the minister for that reply. For as long as Scotland sets its age of criminal responsibility at 12, we shall forever fail in our ambition to lead the world on children's rights. We are in the basement, below Russia and below China. Our progress lift our age of responsibility from 8 to 12. In the first place, it was glacial, but it started with a move to end the criminal prosecution of those aged under 12. That required no legislation, so can I ask the minister if she will work with the new Lord Advocate to end the criminal prosecution of those under the age of 14, paving the way for us to finally lift the age of criminal responsibility to the international minimum. When looking at other countries, as the member has mentioned a couple of countries there in his question, it is clear that the age of criminal responsibility means different things in different countries. It often means the minimum age of prosecution or it's an age that provides protection from explicitly punitive sentences. In many countries, children of all ages can be subject to the various interferences of the criminal justice system bar prosecution. I think that the member would agree that the balance needs to be right in the system, and so focusing on individual international comparison doesn't give the due consideration to flexibility. The Scottish Government is absolutely committed to looking at this area. I have set out the review process that has been unanimously agreed by the Scottish Parliament when the legislation went through in 2019, which I believe the member was a part of that process. 8. Dean Lockhart To ask the Scottish Government what its response is to the number of divisional officers working in each local division that has set out in the latest publication of Police Scotland's officer and staff numbers. I thank the police officers and police staff throughout the country for their hard work and dedication throughout the pandemic. The member will know that the deployment of officers is a matter for the chief constable. However, it's worse saying that we have a higher number of officers than at any time during the previous administration. We currently have 17,283 officers, an increase of 1,049 police officers from the position that we inherited in 2007. It is right that the chief constable should keep the size and shape of the policing workforce under review in light of changing demands. Local police divisions have a core complement of officers who are always dedicated locally to community and response policing, and they can additionally draw on the specialist services and resources at a regional and national level, providing the right people in the right place at the right time to keep people safe and to meet the needs of our communities. I thank the cabinet secretary for that response. However, if he takes a closer look at the most recent figures, they show the scale of the cut back in the number of divisional officers since the SNP's police merger. More than 700 front-line officers have been lost from Police Scotland's local divisions since the force was created. Does the cabinet secretary have any plans to reverse those local cuts and to increase the number of front-line officers in Police Scotland so that they can get on with the job of tackling rising levels of violent crime that we saw before the pandemic? We remain committed to having the higher level of police officers that I mentioned before, more than 17,000, and that is a commitment shared with the chief constable. I am not sure whether the member is suggesting that the chief constable should be instructed to move police officers around the country based on what he thinks is the best solution for them. We do not agree with that. It should be for the chief constable. It is also worth mentioning that some of the officers that he mentions have gone on to look at national priorities, so that Fife, along with other parts of the country, can call on those national facilities, those amenities and those resources when it is necessary for them to do so. As the chief constable's responsibility, there are more than 12,000 police officers in our local divisions. I have mentioned more than 17,000 officers in Scotland. We have around 32 officers per 10,000 population in Scotland. That compares to around 22 officers, 10 less per 10,000 of the population in England and Wales. We will continue to have more officers, as we have done since we came into office, and to pay them at a higher rate than officers elsewhere in the UK. That concludes Justice Portfolio Questions. The next item of business is a statement by Tom Arthur on provisional outturn 2020-21. I will allow a brief pause for people to change their seats.