Coronavirus (COVID-19): Justice Analytical Services data report- February 2022

This pack provides information on the impact of COVID-19 on the Justice system during February 2022.


How crime flows through the Justice System

Infographic summarising how crime flows through justice system
1. Incident reported
2. Crime classified and suspect charged.
 a. Incident is reviewed by Police to determine if it is a crime. If a crime, Police charge suspect (where possible) and issue:
  i. Fixed Penalty Notice or Recorded Police Warning, 
  ii. a report to COPFS, or
  iii. decide on no further action.
3. Police report the case to COPFS
 a. The accused will be:
  i. Kept in custody - Case called the next court day.
  ii. Released on an Undertaking
Accused told when to appear and may have bail conditions.
  iii. At liberty
If prosecuted, the accused will receive a citation stating the charge and when to appear.
4. Report marked by COPFS
 a. Prosecutor decides if accused is prosecuted:
  i. No action - e.g. not enough evidence.
  ii. Direct Measure
 An alternative to prosecution, e.g. Fiscal Fine or warning letter.
  iii. Summary prosecution - JP or Sheriff Court (no jury)
  iv. Solemn prosecution - Sheriff or High Court (with jury)
5. Case heard and court outcomes
 a. If the accused is found guilty in court, or tendered a guilty plea, then they can be given:
  i. Custodial Sentence
  ii. Community Sentence
  iii. Monetary Penalty
  iv. Admonished/Dismissed
  v. ‘Other’ disposal

Infographic text below:

1. Incident reported

2. Crime classified and suspect charged.

a. Incident is reviewed by Police to determine if it is a crime. If a crime, Police charge suspect (where possible) and issue:

i. Fixed Penalty Notice or Recorded Police Warning,

ii. a report to COPFS, or

iii. decide on no further action.

3. Police report the case to COPFS

a. The accused will be:

i. Kept in custody - Case called the next court day.

ii. Released on an Undertaking Accused told when to appear and may have bail conditions.

iii. At liberty If prosecuted, the accused will receive a citation stating the charge and when to appear.

4. Report marked by COPFS

a. Prosecutor decides if accused is prosecuted:

i. No action - e.g. not enough evidence.

ii. Direct Measure An alternative to prosecution, e.g. Fiscal Fine or warning letter.

iii. Summary prosecution - JP or Sheriff Court (no jury)

iv. Solemn prosecution - Sheriff or High Court (with jury)

5. Case heard and court outcomes

a. If the accused is found guilty in court, or tendered a guilty plea, then they can be given:

i. Custodial Sentence

ii. Community Sentence

iii. Monetary Penalty iv. Admonished/Dismissed

v. ‘Other’ disposal

Contact

Email: Justice_Analysts@gov.scot

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