To ask the Scottish Executive, further to the answer to question S1W-33538 by Mr Jim Wallace on 7 February 2003, in how many cases a serious assault has occurred in HM Prison Kilmarnock but no performance points have accrued to the prison operators, showing for each such case whether (a) no charges were brought in relation to the assault, (b) charges were dropped by the prosecution or (c) no conviction was obtained despite prosecution.

I have asked Tony Cameron, Chief Executive of the Scottish Prison Service to respond. His response is as follows:

Performance points have not been applied in 13 such cases referred to the police because, so far as can be ascertained, there were no court proceedings and consequently no convictions. A trial is under way in one case and investigations are on-going in another 11 cases. It is not possible to say why there were no proceedings in the 13 cases, for the reasons given in the answer to question S1W-33537 on 11 February 2003. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/webapp/wa.search..