Committee
Criminal Justice Committee 18 February 2026 [Draft]
18 Feb 2026 · S6 · Criminal Justice Committee
Item of business
Subordinate Legislation
Antisocial Behaviour (Fixed Penalty Offences) (Miscellaneous Amendment) (Scotland) Order 2026 [draft]
Speaker
Watch on SPTV
09:30
In the same item of business
09:30
The Deputy Convener
Con
Our next item of business is an oral evidence session on an affirmative instrument. We are joined by the Minister for Victims and Community Safety. I also we...
The Minister for Victims and Community Safety (Siobhian Brown)
SNP
Good morning. Thank you for the opportunity to address the committee on this instrument, which makes targeted and proportionate updates to the antisocial beh...
The Deputy Convener
Con
I am grateful. I have a couple of questions, after which I will open up the questioning to colleagues.As you have just detailed, minister, the instrument wou...
Siobhian Brown
SNP
I might bring in Nicola Guild on the legal side of things. The order was drafted following discussions with Police Scotland, which has always said that it wo...
Nicola Guild (Scottish Government)
I am not sure that I really understand the question. I suppose that there is an element of overlap between the two offences, but the overlap already exists. ...
The Deputy Convener
Con
Section 38 does something that breach of the peace currently does, but breach of the peace is currently part of the fixed-penalty notice regime. By adding in...
Nicola Guild
I think that the same applies in terms of the behaviour, in general. I do not think that the disposal changes the fact that they are two separate offences. I...
The Deputy Convener
Con
Minister, the fixed penalty is being raised from £40 to £70, and the thought behind that is that it will provide a deterrent. What evidence do you have that ...
Siobhian Brown
SNP
First, it is not being raised so as to be a deterrent.We accept that there is sensitivity about the £70 penalty level and that some people could perceive tha...
The Deputy Convener
Con
I have a further question, but I will bring in Sharon Dowey now to ensure that all colleagues get appropriate time.
Sharon Dowey (South Scotland) (Con)
Con
I have just one question on the two unused offences. They have been removed from the regime, so where do those offences now fall?
Siobhian Brown
SNP
Sorry—would you repeat that?
Sharon Dowey
Con
Where do the two unused offences that have been removed now fall? I think that you said in your opening statement that, in the final year for which there are...
Siobhian Brown
SNP
It is my understanding that they could still be charged. The offences being removed are“Disorderly conduct while drunk in licensed premises”and“Being drunk …...
Sharon Dowey
Con
The police have not used those powers in the past year, so what is the reason for removing the offences rather than keeping them in?
Siobhian Brown
SNP
We are just updating the legislation.
Sharon Dowey
Con
Are they now classed as more serious crimes, so that an offender would get a more serious penalty instead of just a fixed-penalty notice?
Siobhian Brown
SNP
That would be up to the police, I think. Perhaps Nicola could come in on that.
Nicola Guild
Yes, that would be for the police to decide in the same way as they would for any other offence that is not covered by the fixed-penalty notice regime.
Sharon Dowey
Con
Okay. The figures say that, of all the notices that are given out, 80 per cent of penalties are paid and 20 per cent are not. Do we have any figures on the n...
Siobhian Brown
SNP
The number of penalties that have been paid has been stable over the past 10 years, with around eight in 10 being paid in full. That proportion has remained ...
Sharon Dowey
Con
That is fine. Do you know what crimes had been committed for which those fines are not being paid? Have you any information on the people who are not paying?
Siobhian Brown
SNP
Bob Wyllie or Nicola Guild might have that information, but I do not.
Robert Wyllie (Scottish Government)
Collecting those fines is part of the Scottish Courts and Tribunals Service’s operational work; we could liaise with it and provide a written reply to that q...
Sharon Dowey
Con
What further action would be taken if people did not pay the fixed penalty?
Siobhian Brown
SNP
That would be up to the procurator fiscal.
Sharon Dowey
Con
Would the fine simply be written off?
Siobhian Brown
SNP
I will bring in Nicola Guild to answer that. It would not be written off, but I think that any further action would be determined by the procurator fiscal. I...
Nicola Guild
Under the legislation, if a fixed-penalty notice is not paid, the person is deemed to have accepted it, so enforcement action could be brought against them f...