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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 4 May 2021
  6. Current session: 13 May 2021 to 23 March 2026
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Displaying 1571 contributions

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Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

Yes.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

Would it be helpful for me to go through some statistics from the past year for offences for which fixed-penalty notices have been issued?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

Riotous behaviour while drunk in licensed premises has been removed.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

Good morning. Thank you for the opportunity to address the committee on this instrument, which makes targeted and proportionate updates to the antisocial behaviour fixed-penalty notice regime. That regime enables the police to respond swiftly and appropriately to low-level antisocial behaviour and so ensure that such behaviour has meaningful consequences. Fixed-penalty systems are well established and the principle of the regime has not, to my knowledge, been questioned in the Parliament.

The draft order makes three updates. First, it removes from the regime two offences for which ASBFPNs were not issued in the most recent year for which data is available, which will help to keep the regime focused on offences for which it is actually being used.

Secondly, it adds to the regime the offence of displaying threatening or abusive behaviour under section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010. Section 38 is now routinely used for dealing with lower-level threatening or abusive conduct. The offence’s inclusion in the ASBFPN regime will align the scheme with current policing practice and the fact that such offences are already eligible for the use of recorded police warnings.

Thirdly, the order uprates the penalty amount from £40 to £70. Using the gross domestic product deflator, £40 in 2005 is equivalent to around £68 today, so the new level will restore the original penalty’s value.

The wider review of antisocial behaviour legislation that we have begun will give ministers in the next parliamentary session the opportunity to consider more substantial reforms.

In developing the instrument, officials have engaged with the Crown Office and Procurator Fiscal Service and Police Scotland. The Lord Advocate has highlighted the strengthened guidelines on police direct measures, which set clear limits on ASBFPN use, require consideration of victim impact and provide for monitoring, audit and annual reporting. Police Scotland is also working with Community Justice Scotland on a new referral and signposting pathway for first-time offenders, which aims to reduce reoffending. The pathway is expected to be introduced later this year.

Overall, the amendments update an established regime that operates within a framework of safeguards and oversight. I understand that the Delegated Powers and Law Reform Committee considered the instrument on 27 January and raised no points on it.

I am happy to take questions, convener.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

Sorry—would you repeat that?

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

We are just updating the legislation.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

Bob Wyllie or Nicola Guild might have that information, but I do not.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

I might bring in Robert Wyllie on that.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

The table of statistics for the year 2023-24 shows that the offence of riotous behaviour while drunk in licensed premises was not dealt with under the scheme. Refusing to leave licensed premises was dealt with 127 times; urinating in public, 765 times; being drunk and incapable, 90 times; being drunk in charge of a child, no times; playing loud music, 43 times; vandalism, 108 times; consuming alcohol in a public place, 1,033 times; breach of the peace, 1,947 times; and malicious mischief, five times.

It was a matter of looking at the list of offences and deciding that we would update it and, as the police had asked, add the section 38 offence of threatening or abusive behaviour.

Criminal Justice Committee [Draft]

Subordinate Legislation

Meeting date: 18 February 2026

Siobhian Brown

Yes, if they were—