Coronavirus (COVID-19): Justice Analytical Services data report - November 2021

Crown Office and Procurator Fiscal Service

See COP26 note

Reports received by COPFS

After a crime is classified and a suspect charged, police send a report to the Crown Office Procurator Fiscal Service (COPFS).

Total reports received by COPFS have remained below pre-pandemic levels since February 2021.

• Custody report numbers are consistently around two-thirds of 19-20 average levels (around 1,000 less per month).
• Although November saw a decrease in the number of undertaking reports, until this time, numbers remained consistently around 50% higher than 2019-20 levels (around 700 more per month) and were at their highest level since the pandemic started (almost twice the 19-20 average) in June 2021.

First substantive marking

When COPFS receive a report that someone has committed a crime the prosecutor must decide whether and what action to take. This is recorded on the case as a "marking". If a decision cannot be taken immediately, an interim marking may be recorded. When a substantive decision is reached a First Substantive Marking (FSM) is recorded, to indicate how the prosecutor has decided to proceed.

The number of accused given a FSM by COPFS in November 2021 returned to pre-pandemic levels. The number of unmarked reports reduced substantially in November 2021 and the number of interim marked reports increased (see note on COP26 above).

Summary of COPFS First Substantive Markings

There are 3 types of marking decision available to COPFS:

• No Action
• Direct Measures
• Court proceedings

No action markings have increased over recent months and are now above pre-pandemic levels.

Direct measure markings have been stable at around pre-pandemic levels over recent months and saw an increase in November.

Markings for court have been increasing since Spring 2021 and they were above pre-pandemic levels in November 2021.

(See note on COP26 above).

Subjects marked for Direct Measure

Direct measure or alternatives to court include diversion, fiscal fines, fixed penalties, community and work orders. Fiscal fine limits were increased as part of the Coronavirus (Scotland) Act 2020.

In January 2021, for the first time in 2020-21, the number of subjects receiving a Fiscal Fine increased to above 19-20 average levels (dotted lines). Numbers fell to a low in April 2021 and although they have increased overall since that time, they remain below pre-pandemic levels.

The number of subjects given Fiscal fixed penalties increased from May 2020, and have remained above 19-20 average levels since August 2020.

Subjects marked for court

The type of court proceedings appropriate for a case depends on the nature of the crimes or offences involved. The most serious crimes are marked for solemn proceedings, whilst less serious crimes and offences will be marked for Sheriff Summary or JP courts.

Increased resource (COP26) for markings resulted in an increase in cases marked for court across all court types in November.

• Solemn court (High Court or Sheriff & Jury) has been consistently at or above 19-20 average levels since April 2020.
• Sheriff Summary court have, on the whole, remained below pre-pandemic levels since April 2020. In November 2021, numbers recovered and are above 19-20 average.
• Markings for JP court have remained below the 19-20 average but increased substantially in November 2021.

Fatal Accident Inquiries

(as of 01 December 2021)

FAIs with scheduled court dates: 37

FAIs with First Notice lodged, awaiting court dates: 1

Source:
Data in this section comes from COPFS Internal Management Information System.