Criminal Proceedings in Scotland 2012-13

3. Commentary

3.1. Criminal Proceedings in Context

Table 1, Table 19, Chart 2

3.1.1. Contraventions of the law are classified (see Annex D) into crimes and offences. This distinction is made only for statistical reporting purposes and the 'seriousness' of the offence is generally related to the maximum sentence that can be imposed. Table 1 and Chart 2 provide a summary of known action in the criminal justice system.

3.1.2. The statistical publication, Recorded Crime in Scotland 2012-13, was published in June 2013. It shows that the total number of crimes recorded by the police in 2012-13 was 273,053, 13 per cent lower than in 2011-12. The proportion of recorded crimes cleared up by the police in 2012-13 increased by 2 percentage points from 49 per cent in 2011-12 to 51 per cent in 2012-13. A crime is regarded as 'cleared-up' where there is a sufficiency of evidence under Scots law to justify consideration of criminal proceedings.

3.1.3. The number of offences recorded by the police in 2012-13 (543,768) increased by less than 1 per cent on the total in 2011-12 (542,315). The number of recorded offences cleared up by the police in 2012-13 (509,786) also increased by less than 1 per cent compared to 2011-12. The clear-up rate was 94 per cent and has been around this figure over the past four years.

3.1.4. 'Clear-ups' do not necessarily result in a report being sent by the police to the procurator fiscal. The Antisocial Behaviour (Scotland) Act 2004 allowed the police to issue Anti-Social Behaviour Fixed Penalty Notices (ASBFPNs) for a range of offences, in addition to other types of police disposals. In 2012-13, 54,665 people were issued with ASBFPNs as a main penalty and 8,235 people received a formal adult warning.

3.1.5. In 2012-13, the police issued 567 restorative justice warnings to juveniles. In addition, where the alleged offender is a juvenile, a referral can be made to the children's reporter. One outcome of that process is for the police or the reporter to issue a warning letter to the offender; 1,326 such warning letters were issued in 2012-13.

3.1.6. Owners of defective vehicles can avoid possible court proceedings, by having their vehicle repaired within a given period (Vehicle Defect Rectification Scheme). Alternatives to court proceedings for moving motor vehicle offences are police conditional offers of a fixed penalty and procurator fiscal fixed penalty notices. It is not known how many alleged offenders are otherwise dealt with using discretion, informally by the police or by other agencies.

3.1.7. Referrals or reports often include more than one crime or offence. Reports to the procurator fiscal may also involve more than one person. Thus, there is no direct relationship between the number of crimes and offences recorded by the police and the number of disposals resulting from the action of other agencies within the criminal justice system. In addition, many offences included in this bulletin, such as failure to pay a television licence, are reported to the procurator fiscal by specialist reporting agencies such as TV Licensing. Where crimes or offences are recorded and cleared up by the police, any action by the procurator fiscal (or other action) does not necessarily occur in the same year.

3.1.8. In 2012-13, the procurator fiscal received 280,942 criminal reports (from the police and other specialist reporting agencies), an increase of 2 per cent compared with 2011-12. Prosecution in court is only one of a range of possible options the procurator fiscal has for dealing with people who have been charged. Other actions include the use of a range of non-court-based actions such as fiscal fines, compensation orders, fixed penalties, diversion to social work and other agencies, warnings and referrals to the children's reporter, or a decision to take no action. In 2012-13, the Criminal History System (CHS) included 47,819 people issued with fiscal fines as a main penalty and 21,638 people issued with fiscal fixed penalties. More details are available on this newer data extraction in notes B7 to B9, C5 and D3.

Chart 2: Overview of action within the criminal justice system 2012-13

1. Figures rounded to the nearest 100.

2. Crimes recorded in 2012-13 may not be cleared up or dealt with until 2013-14 or later.

3. A report to the procurator fiscal may involve more than one crime or offence and more than one alleged offender.

4. Reports to the fiscal on non-criminal matters such as sudden deaths, are not included in this total.

5. Number of people from CHS.

6. Includes formal adult warnings, restorative justice warnings, warning letters and other police warnings.

7. Following consultation, figures for motor vehicle offences are no longer collated centrally.

8. Number of cases; data from Crown Office.

9. Figures relate to cases which were closed as offer deemed accepted.

10. Figures for people with a charge proved count the number of occasions on which a person is convicted.

A number of outcomes may result in subsequent prosecutions or referrals to other agencies, for example if a condition such as payment of a fixed penalty is not complied with. For simplicity, these pathways are not shown in the diagram.

3.2. People Proceeded Against in Court

Tables 1 and 2

Unless otherwise stated, references in this bulletin to the crime or offence group for which a person is proceeded against or convicted relate to the main charge involved; the main charge is defined in Annex C. The final column of Table 4(a) provides counts of individual offences with a charge proved regardless of whether or not they were the main offence involved.

3.2.1. The number of people proceeded against in court decreased to 116,623 in 2012-13. This represents a fall of 7 per cent from the corresponding figure of 124,787 from 2011-12. Where a person is subject to two (or more) separate proceedings, they will be counted two (or more) times in this total.

3.2.2. Eighty-seven per cent of people proceeded against in court in 2012-13 were convicted after being found guilty of at least one charge. This equates to a total of 100,964 convictions. Four per cent were acquitted on a 'not guilty' verdict, and around 1 per cent on a 'not proven' verdict. The remaining 9 per cent either had their case deserted by the prosecution or had a plea of 'not guilty' accepted. These proportions are broadly the same as in 2011-12.

3.2.3. Of all 5,680 people acquitted after trial in 2012-13, 17 per cent received a not proven verdict. This figure was around the same in 2011-12.

3.2.4. Acquittal rates vary by crime group. The highest rate of 'not guilty' verdicts was seen in rape and attempted rape where 28 per cent of the 138 people proceeded against were acquitted. Serious assault and attempted murder and sexual assault also had high acquittal rates in 2012-13 when compared to the other crimes and offences. Eighteen per cent of people proceeded against for serious assault and attempted murder and 18 per cent of those proceeded against for sexual assault were acquitted on 'not guilty' verdicts after trial.

3.2.5. The proportion of people receiving a 'not proven' verdict was also highest for rape and attempted rape (15 per cent) and sexual assault (11 per cent) in 2012-13.

3.2.6. Twenty-nine per cent of people proceeded against for theft of a motor vehicle had a plea of not guilty accepted or had the case against them deserted. This figure is unchanged from 2011-12.

3.3. People Convicted (by court)

Table 3

3.3.1. In 2012-13, there were a total of 100,964 convictions, a 7 per cent decrease in the number of convictions from 108,378 in 2011-12. This represents a fall of 25 per cent from the peak of 134,413 convictions in 2006-07.

3.3.2. All courts saw a decrease in the number of convictions between 2011-12 and 2012-13, excluding sheriff solemn which saw convictions increase by 4 per cent. Convictions in sheriff summary and Justice of the Peace (JP) courts each fell by 7 per cent between 2011-12 and 2012-13 against an overall 3 per cent increase in the number of convictions on indictment (High Court and sheriff solemn) - where more serious crimes are dealt with.

3.3.3. Fifty-six per cent of all convictions were in sheriff summary courts, the same proportion as in 2011-12 but lower than in 2003-04 (where it was 60 per cent). Convictions in JP courts fell to 39,636 in 2012-13 and account for nearly two in every five convictions (39 per cent).

3.3.4. High Court and sheriff solemn courts accounted for 5 per cent of all convictions in 2012-13 - this figure has been relatively stable since 2003-04. Recording delays mean that the figures for High Court convictions in 2012-13 may be slight underestimates.

3.4. People Convicted (by crime/offence)

Tables 4(a) and 4(b)

3.4.1. Overall, the total number of convictions for all crimes and offences fell by 7 per cent between 2011-12 and 2012-13, the largest annual percentage fall observed since 2003-04. In the one year to 2012-13 there was a 9 per cent fall in convictions for all crimes (from 39,192 in 2011-12 to 35,628 in 2012-13). This is the largest annual fall (both in relative and absolute terms) in convictions for all crimes (i.e. excluding offences) that has been observed since 2003-04. This represents a 24 per cent decrease in convictions for all crimes since 2006-07 (where convictions peaked).

3.4.2. Similarly, the number of convictions for all offences fell by 6 per cent (from 69,186 in 2011-12 to 65,336 in 2012-13) and by a quarter (25 per cent) since 2006-07.

By crime group

3.4.3. Between 2011-12 and 2012-13 there were decreases in the number of convictions in all but four crime types (with homicide remaining unchanged). Rape and attempted rape, sexual assault and other sexual crimes all saw increases in the year to 2012-13 (including the largest annual increases for these crime types seen since 2003-04):

• Convictions for rape and attempted rape saw a 57 per cent increase (49 in 2011-12 to 77 in 2012-13);
• Convictions for sexual assault saw a 37 per cent increase (150 in 2011-12 to 206 in 2012-13); and
• Convictions for other sexual crimes increased by 15 per cent (from 384 in 2011-12 to 441 in 2012-13).

3.4.4. Higher numbers of sexual offences may in part be explained by a widening of the definition of rape in the new Sexual Offences (Scotland) Act 2009, which came into force in December 2010 and by increased reporting in the wake of high-profile cases.

3.4.5. The number of convictions for homicide remained unchanged in the year to 2012-13, with 113 convictions in 2012-13. The statistical publication Homicide in Scotland 2012-13 reported that in the one year to 2012-13 there was a 32 per cent decrease in the number of homicides reported. The Homicide in Scotland publication excludes all cases of causing death by dangerous driving, causing death by careless driving when under the influence of drink or drugs, causing death by careless driving, illegal driver involved in fatal accident and corporate homicide which are all included in the Criminal Proceedings crime type of homicide. It would therefore be expected that statistics from Criminal Proceedings would be higher than expected based on the Homicide in Scotland statistics. Of the crime types where convictions fell between 2011-12 and 2012-13:

• Other violence fell by 41 per cent from 379 in 2011-12 to 223 in 2012-13;
• Prostitution offences fell by 29 per cent from 200 in 2011-12 to 142 in 2012-13; and
• Handling an offensive weapon and fraud each fell by around a quarter. Handling an offensive weapon fell by 24 per cent from 2,278 in 2011-12 to 1,733 in 2012-13 and fraud fell by 23 per cent from 811 in 2011-12 to 623 in 2012-13.

3.4.6. As a proportion of all crimes, convictions for crimes of dishonesty (which is mainly shoplifting and theft) and other crimes (mainly crimes against public justice and drug offences) account for the vast majority (84 per cent) of convictions in 2012-13. More serious crime groups, specifically non-sexual crimes of violence and sexual crimes account for under one in every ten (8 per cent) of convictions. These proportions have been around the same since 2003-04.

By offence group

3.4.7. Decreases were observed in all offence groups between 2011-12 and 2012-13 with the only exception being breach of the peace. Breach of the peace has seen a 3 per cent increase from 12,544 in 2011-12 to 12,935 in 2012-13. This is the second consecutive increase of this magnitude after falling four years in a row from a peak of 18,104 in 2006-07.

3.4.8. Convictions for drunkenness fell by 18 per cent (from 124 in 2011-12 to 102 in 2012-13); convictions for drunkenness account for less than 1 per cent of all offence convictions. Convictions for common assault fell by 8 per cent from 14,207 in 2011-12 to 13,039 convictions in 2012-13.

3.4.9. Of motor vehicle offences, in the one year to 2012-13, convictions for vehicle defect offences fell by 17 per cent (from 1,504 to 1,241). Unlawful use of vehicle offences saw its fifth annual consecutive decrease, falling by 13 per cent in the year to 2012-13 (from 9,002 to 7,842) and drink/drug driving convictions fell by 11 per cent (from 5,287 to 4,730).

3.4.10. As a proportion of all offences, convictions for common assault and breach of the peace make up two in every five (40 per cent) of the convictions while speeding and unlawful use of a vehicle account for 30 per cent of all offence convictions. These proportions have remained around the same since 2003-04.

3.5. People Convicted (by age and gender)

Tables 5, 6(a), 6(b) and 12

3.5.1. In the one year to 2012-13, the number of convictions per 1,000 population fell from 25 to 24. Overall, the rate of convictions has been falling year on year since 2006-07, mainly driven by a fall in the rate of males convicted.

3.5.2. The overall rate of convictions per 1,000 population has been falling for both males and females (with the rate falling more slowly for females). In the one year to 2012-13 the rate of females convicted remained at 8 per 1,000 population (falling by 2 per 1,000 since 2003-04), while the comparable rate for males fell from 43 to 40 in 2012-13 (falling by 14 per 1,000 population since 2003-04). The rate of males with a charge proved is higher than the rate of females, in each of the age categories presented in table 5.

3.5.3. The peak rates of convictions per 1,000 population for males are in the age groups 21 to 25 and 26 to 30 (87 and 86 respectively). Since 2003-04, males aged 18, 19 and 20 generally had the highest rates of convictions. The rate of convictions for all age groups have generally been falling for the past five years, with the rate of convictions per population falling for younger males much faster than older males.

3.5.4. In 2011-12 the rate of convictions for males aged 18 and 19 fell below that of males aged 21 to 25 and the gap widened in 2012-13 as the rate of convictions for younger males continued to fall faster than it has for older males. There were 71 and 81 convictions per 1,000 population for males aged 18 and 19, respectively (compared to the peak rates of 87 and 86 for males aged 21 to 25 and 26 to 30, respectively).

3.5.5. The peak age range for female convictions per 1,000 population is in the age groups 26 to 30 (with 17 convictions per 1,000 population). Females aged 26 to 30 have had the highest rate of convictions per 1,000 population since 2008-09. In the year to 2012-13, the greatest change in the rate of convictions for females is in the age 19 group, where the charges proved per 1,000 population has fallen by 22 per cent.

3.5.6. The greatest change in rate in the one year to 2012-13 is in males aged 18; the rate of convictions has fallen by 20 to 71 convictions per 1,000 population in 2012-13. Since 2003-04 the rate of convictions for males aged 18 has fallen by 107 convictions per 1,000 population.

3.5.7. Males account for 84 per cent of all convictions in 2012-13 (where the gender was known), unchanged in the last year. More males than females were convicted in all crime/offence categories except for offences associated with prostitution. Other crime types with high proportions of female convictions include other violence (38 per cent), fraud (31 per cent) and shoplifting (27 per cent).

3.5.8. In 2012-13, common assault was the most common offence for people under the age of 30. Of all the crimes and offences for which females aged under 21 were convicted, one-third (33 per cent) were in the crime category common assault, while 16 per cent of females aged 21 to 30 were convicted for common assault (and a further 13 per cent for shoplifting). For males, 19 per cent of those under 21, and 14 per cent of males aged 21 to 30, were convicted of common assault.

3.5.9. Convictions for the crime group motor vehicle offences accounted for higher proportions of male and female convictions for those aged over 30; 42 per cent for males and 40 per cent for females. This compares to the under 21 age group where 19 per cent for males and 15 per cent for females were convicted of motor vehicle offences. Speeding is the offence for which males and females aged over 30 are most commonly convicted (16 per cent and 13 per cent, respectively).

3.6. Sentencing

Tables 7, 8(a), 8(b), 8(c), 9, 10(a), 10(b), 10(c), 11, 12, Charts 3 and 4

It should be noted that sentencing is affected by, amongst other things, the particular circumstances of each crime/offence, offending history and offender background.

Homicide

3.6.1. Homicide comprises murder and culpable homicide (including the statutory crimes of causing death by dangerous or careless driving or causing death by careless driving while under the influence of drink or drugs, or when driving illegally). Non-custodial sentences for homicide are mostly related to motor vehicle fatalities.

3.6.2. The proportion of people convicted of homicide who were given a custodial sentence is around the same as in 2011-12 (falling by 2 percentage points from 83 to 81 per cent). The average custodial sentence length is 7 per cent longer than in 2011-12, increasing to just under six and a half years (2,367 days). However, this is 10 per cent shorter than the ten year peak of 2,630 (over 7 years) in 2007-08.

Rape

3.6.3. In 2012-13, of the 77 people convicted of rape and attempted rape, 71 (92 per cent) were given a custodial sentence. Of the six people not given a custodial sentence, three were convicted of rape and the other three of attempted rape. Rape and attempted rape attracted the longest average custodial sentences of all crime types in 2012-13, increasing by 9 per cent in the year to 2012-13 - 2,414 days or over six and a half years.

3.6.4. The average sentence length for rape and attempted rape has followed a similar trend to that of homicide over the past five years - peaking in 2007-08 at 2,682 days (over seven years) in 2007-08.

Custodial sentences

3.6.5. Custodial sentences represent 15 per cent of all court disposals in 2012-13. This proportion remains unchanged from 2011-12 and is 3 percentage points higher than in 2003-04.

3.6.6. The number of convictions resulting in a custodial sentence fell by 7 per cent in the year to 2012-13 (from 15,911 to 14,758) - decreasing at the same rate as the total number of convictions. This is the largest relative annual decrease in the number of convictions observed since 2003-04.

3.6.7. Overall, the average length of custodial sentences in 2012-13 was over 9 months (283 days) falling marginally by 1 per cent in the year to 2012-13 (from 286 days). The average sentence length has been around this figure since 2009-10 though it is 24 per cent longer than the lowest figure observed in the past ten years of seven and a half months (229 days) in 2005-06.

3.6.8. Custody is the most frequently used sentence for most types of crime involving violence, including the sexual crimes of rape and attempted rape and sexual assault.

3.6.9. Other crime types (excluding those of a violent and sexual nature) that also attracted high proportions of custodial sentences in 2012-13 were:

• Over half (54 per cent) of housebreaking convictions received custodial sentences - unchanged from 2011-12;
• Nearly half (47 per cent) of fire-raising convictions received a custodial sentence - up six percentage points from 2011-12;
• Forty-five per cent of convictions for theft by opening a lock fast place attracted custodial sentences - up five percentage points from 2011-12.

All have reached their highest levels since 2003-04.

3.6.10. Other crime types which had reached or maintained their highest rates of custodial sentences in 2012-13 were other sexual crimes (28 per cent); theft of a motor vehicle (31 per cent); other theft (30 per cent); fraud (29 per cent; and handling an offensive weapon (38 per cent).

3.6.11. The proportion of convictions for handling an offensive weapon which attracted a custodial sentence in 2012-13 has increased by 16 percentage points since 2003-04.

3.6.12. In 2003-04 over one-fifth (22 per cent) of convictions for handling an offensive weapon resulted in custody increasing to one in three (or 38 per cent) in 2012-13. The increase in use of custodial sentences for handling an offensive weapon has been seen alongside an increase in the average sentence length for those sentences.

3.6.13. The average custodial sentence length for handling an offensive weapon has seen its eighth consecutive annual increase, increasing by 11 per cent to 346 days (over 11 months) - reaching its highest level since 2003-04.

3.6.14. Other crime types which have seen relatively large changes in the rate of custodial sentences since 2003-04 include:

• Fraud - around one in ten (11 per cent) of convictions resulted in custody in 2003-04 increasing to 29 per cent in 2012-13; and
• Fire-raising - increasing from 31 per cent in 2003-04 to 47 per cent in 2012-13.

3.6.15. Between 2011-12 and 2012-13 decreases in the average length of custodial sentences were seen in a number of the more serious crimes.

• The average custodial sentence length for serious assault and attempted murder fell by 10 per cent between 2011-12 and 2012-13 to 876 days (nearly two and a half years).
• Sexual assault sentences were, on average, 14 per cent shorter than in 2011-12, falling to 1,070 days (nearly three years). This was the second consecutive annual decrease since 2010-11.

3.6.16. The average sentence length increased for a range of other crimes and offences, some of which are typically dealt with in summary courts. This may therefore be related to the continuing use of police and procurator fiscal disposals for some of the less serious cases in relevant crime categories meaning that the more serious crimes would be heard in court, resulting in an increase in the average sentence length. For example; the average custodial sentence for:

• Theft by opening a lockfast place increased by 13 per cent to 214 days (around seven months); and
• Fraud increased by 23 per cent to 270 days (nearly nine months) after being relatively stable since 2007-08.

In both these examples, the average sentence lengths are longer than at any other point since 2003-04.

3.6.17. Twenty-nine per cent (or 4,334) of all custodial sentences in 2012-13 were for three months or less which is around the same as in 2011-12 but 24 percentage points lower than in 2006-07 where the number of very short sentences (i.e. sentences up to and including 3 months) peaked. Overall, sentences up to and including 6 months account for two-thirds (66 per cent) of all custodial sentences.

3.6.18. The total number of sentences of length 6 months or less fell by 8 per cent, in the one year to 2012-13. The number of very short sentences (i.e. 1 to 3 months) fell by 4 per cent (from 4,527 in 2011-12 to 4,334 in 2012-13) while over the same period the number of sentences of length 4 to 6 months fell by 11 per cent (from 6,152 in 2011-12 to 5,470 in 2012-13). Sentences over 6 months fell by 6 per cent (from 5,219 in 2011-12 to 4929 in 2012-13).

3.6.19. The only crime types where the majority of custodial sentences are over 2 years are homicide and rape and attempted rape; 94 per cent of custodial sentences for homicide and 97 per cent of custodial sentences for rape and attempted rape are more than 2 years.

3.6.20. Crimes of violence and sexual crimes were the most likely to attract long custodial sentences. In 2012-13, only 1 per cent of custodial sentences for the crime group crimes of dishonesty were over two years whereas the corresponding proportions for non-sexual crimes of violence and sexual crimes were 42 and 53 per cent respectively.

3.6.21. Overall, 92 per cent of all custodial sentences were two years or less. Fifty-eight per cent of custodial sentences for non-sexual crimes of violence and 96 per cent of custodial sentences for handling an offensive weapon were for a period of up to 2 years.

Chart 3: Average sentence length (excluding life sentences) and per cent receiving custody, by crime or offence group, 2012-13

Community sentences

3.6.22. Seventeen per cent (or 17,254) of all convictions in 2012-13 resulted in a main penalty of a community sentence - increasing by 2 per cent in the year to 2012-13. Community disposals account for a higher proportion of the total court disposals than they did in 2003-04, increasing by 6 percentage points from 11 per cent.

3.6.23. February 2011 saw the introduction of Community Payback Orders (CPO), making 2011-12 the first full financial year for which this disposal was available. CPOs can only be given for crimes committed after 1 February 2011 and as such there are still a small number of old community disposals (such as probation orders and community service orders) being given in 2012-13.

3.6.24. Eighty-six per cent of all community sentences in 2012-13 were CPOs. The number of CPOs handed out in court increased by 44 per cent from 10,380 in 2011-12 to 14,924 in 2012-13. The number of probation and community sentence orders have decreased as they are increasingly being replaced by the use of the new CPO sentence.

3.6.25. In 2012-13, two-fifths (44 per cent) of all community sentences were for miscellaneous offences; over one-fifth (23 per cent) were for common assault and a further 16 per cent were for breach of the peace.

3.6.26. Over half (56 per cent) of other sexual crimes received community sentences, an increase of 3 percentage points from 2011-12. Other crime types which attracted high rates of community sentences were:

• Sexual assault - 47 per cent and constant from 2011-12;
• Other violent crimes - 38 per cent representing a 4 percentage point increase from 2011-12;
• Fire-raising - 37 per cent, falling by 2 percentage points from 2011-12; and
• Handling an offensive weapon where 37 per cent of convictions received a community sentence, increasing by 2 percentage points from 2011-12.

Financial penalties

3.6.27. As a proportion of all penalties imposed, financial penalties (which include a small number of compensation orders) have been steadily decreasing, falling 14 percentage points from over two-thirds (67 per cent) of all sentences in 2003-04 to over half (53 per cent) in 2012-13.

3.6.28. The use of fines, the most common main penalty imposed by courts, fell 10 per cent from 58,395 in 2011-12 to 52,654 in 2012-13. This may be, in part, a result of some of those offences likely to have previously been punished by fines now being dealt with outside the court with police or COPFS disposals.

3.6.29. In 2012-13, 93 per cent of convictions for motor vehicle offences resulted in a financial penalty - the same proportion as in 2011-12. Other crime/offence types which attracted high proportions of fines in 2012-13 include drunkenness (56 per cent), drug offences (46 per cent) and prostitution offences (46 per cent). These crime types also had high proportions of fines in 2011-12.

3.6.30. The average fine imposed by courts on individuals (excluding companies) in 2012-13 was around £245, increasing from £241 in 2011-12, in cash terms[1].

3.6.31. The use of compensation orders as a main penalty fell by 17 per cent to 769 in the year to 2012-13; the average compensation order imposed by courts, either as the main or secondary penalty, was £439 in 2012-13 up 3 per cent from 2011-12, in cash terms. The average cash value of a compensation order has more than doubled since 2003-04.

Other sentences

3.6.32. In 2012-13, 15,010 people were admonished (which includes a small proportion who were cautioned). This represented 15 per cent of all convictions in 2012-13. This sentence was the most frequent outcome for prostitution offences (51 per cent) and crimes against public justice (33 per cent).

Chart 4: Average fine and per cent fined by crime or offence group, 2012-13

(Excludes companies)

3.7. Sentencing by age and gender of offender

Tables 8(c), 10(b), 11 and 12

3.7.1. Males account for 84 per cent of all convictions in 2012-13, representing 91 per cent of all convictions which resulted in a custodial sentence. Females account for 16 per cent of all convictions in 2012-13 and 27 per cent of 'other' sentences (mainly admonishment). Overall, males aged over 21 account for seven in ten (73 per cent) of all convictions in 2012-13; males aged 21 to 30 account for three in ten (30 per cent).

3.7.2. Although the number of convictions fell by 7 per cent in the year to 2012-13, convictions for younger offenders saw a sharper fall than convictions for older offenders. The number of convictions for males aged under 21 fell by a fifth (21 per cent) representing the largest annual fall in convictions for any of the age-sex groups seen since 2003-04. Males aged under 21 have seen a 56 per cent fall in the number of convictions (from 23,550 in 2003-04 to 10,351 in 2012-13). The fall in the number of convictions for males aged 21 to 30 and over 30 has been more conservative, falling by 7 per cent and 3 per cent, respectively in the one year to 2012-13.

3.7.3. Conviction numbers for females by age group have followed a similar pattern to that observed in males in the one year to 2012-13. The largest fall in convictions was seen in females aged under 21, falling by 17 per cent (the largest year-on-year decrease seen in any of the female age groups since 2003-04) and representing a fall of nearly a half (45 per cent) for females aged under 21 since 2003-04. Females aged 21 to 30 saw the total number of convictions fall by 2 per cent and females aged over 30 convictions fell by 5 per cent.

3.7.4. Of those sentenced to custody in 2012-13, 77 per cent of females and 66 per cent of males received a tariff of 6 months or less. The proportion of males who received a very short sentence (i.e. 3 months or less) was lower than the proportion of females for many of the crime categories in which relatively higher numbers of both gender were convicted. For example, 69 per cent of males and 76 per cent of females who were sentenced to custody for common assault received a sentence of 6 months or less.

3.7.5. The total number of convictions resulting in a community sentence increased by 2 per cent in the year to 2012-13. The largest increase for males was for those aged over 30 (9 per cent) while for females it was for those aged 21 to 30 (5 per cent). The number of males aged under 21 receiving community sentences decreased by 17 per cent (from 3,292 in 2011-12 to 2,741 in 2012-13) and females receiving community sentences aged under 21 and over 30 each saw a 2 per cent decrease from 2011-12 levels. Males aged over 21 represent two-thirds (67 per cent) of all community sentence disposals given in 2012-13. Women account for around one in every six (17 per cent) community disposals given in 2012-13.

3.7.6. Since 2003-04, the largest changes in the number of community disposals by age-sex groups have been for males and females aged over 30; the number of males aged over 30 receiving a community sentence have increased by 68 per cent since 2003-04 while the equivalent figure for females is 61 per cent.

3.7.7. Males and females each saw decreases of around 10 per cent in the number of convictions leading to a financial penalty in the year to 2012-13. This is the sixth consecutive annual decrease in the number of males receiving financial penalties and the third consecutive decrease for females.

3.7.8. Between 2011-12 and 2012-13 both males and females saw large falls in the use of financial penalties for convictions of offenders aged under 21 (a fall of 24 per cent for males and a fall of 29 per cent for females). While the largest falls have been observed in people aged under 21, this age group accounts for less than one in ten (9 per cent) convictions receiving a financial penalty in 2012-13. Males aged over 21 accounted for over three-quarters (77 per cent) of all convictions receiving a financial penalty in 2012-13 while females accounted for around one in every six (14 per cent).

Chart 5: Convictions per 10,000¹ population in 2012-13 for all crimes and offences (excluding Motor Vehicle offences), by age and gender

1. Mid-2012 population estimates for Scotland.

3.8. Bail and Undertakings

Bail orders made

Tables 13, 14, 15 and 16

3.8.1. The total number of bail orders fell by 7 per cent from 47,607 in 2011-12 to 44,038 in 2012-13. This continues a falling trend in total bail orders issued since 2006-07 and is in line with the fall in overall volumes of cases coming to court. The total number of bail orders has fallen by over a quarter (29 per cent) since the highest volumes observed since 2003-04 were recorded in 2006-07.

3.8.2. The vast majority (91 per cent) of bail orders are issued in sheriff courts with the majority of remainder being issued in JP courts. The relative proportions of bail orders issued by different courts have been relatively constant since 2003-04.

3.8.3. In 2012-13 males accounted for 84 per cent of all bail orders issued. Since 2009-10, the proportion of bail orders given to people (males and females) aged over 30 has increased from 41 per cent in 2009-10 to 47 per cent in 2012-13. Conversely, the proportion of bail orders given for people aged under 21 years old has fallen from 21 per cent in 2009-10 to 16 per cent in 2012-13.

3.8.4. The 44,038 bail orders which were issued in 2012-13 related to 32,741 individuals; 78 per cent of individuals received 1 bail order, 15 per cent received two and 8 per cent received three or more bail orders. These proportions have been the same for the past three years from 2009-10 to 2012-13.

Bail orders made by crime type

3.8.5. In the year to 2012-13 the number of bail orders issued fell for most individual crime groups, excluding sexual crimes, miscellaneous offences and motor vehicle offences. There were relatively large annual falls in the numbers of bail orders issued for crimes of handling an offensive weapon (23 per cent) and non-sexual crimes of violence (22 per cent).

3.8.6. In the one year to 2012-13 there was a 10 per cent increase in the number of bail orders issued for sexual crimes (from 915 to 1,003). Bail orders for sexual crimes account for the smallest proportion of all the crimes, accounting for 2 per cent of all bail orders issued in 2012-13.

3.8.7. The relative proportions of bail orders issued for each crime group have been broadly the same since 2010-11. However, there have been some large changes in the relative proportions since 2003-04:

• Bail orders issued for crimes of dishonesty accounted for around a quarter (24 per cent) of all bail orders issued in 2003-04 falling by seven percentage points to 17 per cent in 2012-13;
• Common assault accounted for the largest proportion of bail orders in 2012-13 at over a fifth (22 per cent) of all bail orders issued. This figure has fallen by five percentage points from 17 per cent in 2003-04; and
• Breach of the peace - accounting for 14 per cent of bail orders in 2012-13 (falling four percentage points from 2003-04).

3.8.8. All other crime groups individually account for less than one in ten of the total bail orders issued in 2012-13.

Undertakings to appear

Table 17

3.8.9. The number of people released by the police on an undertaking to appear in court in 2012-13 was 22,819, down 13 per cent from the 2011-12 figure (26,200). This is the second annual decrease in undertakings issued since 2010-11.

3.8.10. In 2012-13, 76 per cent of undertakings were issued to males and nearly half (47 per cent) to people aged over 30. People aged under 21 account for around a fifth (19 per cent) of undertakings that were issued in 2012-13, this is a smaller proportion than in 2009-10 where a quarter (25 per cent) were under 21.

Bail-related offences

Table 18

3.8.11. Bail-related offences (other than committing an offence on bail) covers the offences of breach of bail conditions (e.g. interfering with a witness) and failure to appear in court after being granted bail. A total of 8,438 of these offences had a charge proved in 2012-13, a decrease of 5 per cent from 2011-12 (8,860). The proportion of bail-related offences as a percentage of all bail orders granted in 2012-13 was 19 per cent. This has remained fairly constant for the five years from 2008-09 but is 7 percentage points higher than in 2003-04 where it was 12 per cent.

3.8.12. The number of bail-related offences in sheriff solemn courts increased by 7 per cent (from 209 in 2011-12 to 224 in 2012-13) which compares to an overall 5 per cent decrease in the overall number of convictions. However, numbers are relatively small in comparison to the total number of bail-related offences. In contrast, the number of bail-related offences in JP courts decreased by 15 per cent in 2012-13 (from 667 in 2011-12 to 556 in 2012-13), compared to an overall fall in the number of all cases with a charge proved in JP courts of 7 per cent (see Table 3).

3.9. Police Disposals

Tables 19 to 23

A range of options are available to the police for minor offences, including anti-social behaviour fixed penalty notices, formal adult warnings, restorative justice warnings and warning letters for juvenile offenders, and a number of other types of warnings. More details on this are available in annex notes C5 and D2.

Anti-social behaviour fixed penalty notices (ASBFPN)

3.9.1. In 2012-13, 54,665 people received an ASBFPN as a main penalty, an increase of 2 per cent from 53,665 in 2011-12. The vast majority of ASBFPNs were issued for three of the offence types for which they are available:

• 23,251 for consuming alcohol in a public place (42 per cent of the total)
• 14,514 for breach of the peace (26 per cent of total); and
• 14,214 for urinating etc. in circumstances causing annoyance to others (26 per cent).

3.9.2. Males received 87 per cent of all ASBFPNs in 2012-13. Twenty-four per cent of all ASBFPNs were given to males aged under 21 while over a third (36 per cent) were given to males aged 21 to 30.

3.9.3. Almost half (47 per cent) of the 13,320 ASBFPNs given to males aged under 21 were given for consuming alcohol in a public place (6,218 in 2012-13).

3.9.4. Females received 6,882 ASBFPNs in 2012-13 mainly for two offences;

• Consuming alcohol in a public place (45 per cent); and
• Breach of the peace (41 per cent).

Formal adult warnings (FAWs)

3.9.5. Police FAWs were given as a main penalty to 8,233 people in 2012-13, down 2 per cent from 8,446 in 2011-12. Three-quarters of FAWs issued in 2012-13 were for four crimes/offences;

• Shoplifting (31 per cent or 2,585);
• Drunkenness (18 per cent or 1,517);
• Common assault (13 per cent or 1,102); and
• Breach of the peace (11 per cent or 866).

3.9.6. In 2012-13, nearly two-thirds (61 per cent) of people given FAWs as main penalties were male - 5,002 in 2012-13. One third (33 per cent) of FAWs issued in 2012-13 were to males age over thirty (2,721).

3.9.7. Around a quarter (24 per cent) of all FAWs issued to males were for drunkenness. Of the 2,721 FAWs issued to males aged over 30, a third (33 per cent) were for drunkenness while, in contrast, only 8 per cent of the 1,017 FAWs issued to males aged under 21 were for the same offence. For males aged under 21, 18 per cent of FAWs were given for shoplifting and 14 per cent for common assault.

3.9.8. Almost half (46 per cent) of the 3,227 FAWs issued to females in 2012-13 were for shoplifting (compared to 22 per cent for males). Thirteen per cent of FAWs issued to females aged over 30 were for drunkenness, compared to 6 per cent of FAWs issued to females aged under 21. In contrast, 16 per cent of FAWs issued to females aged under 21 were for fraud compared to 4 per cent of FAWs issued to females aged over 30.

Other police warnings

3.9.9. In 2012-13 the number of restorative justice warnings issued as a main penalty fell 43 per cent (from 996 in 2011-12 to 567 in 2012-13). The number of warning letters issued by the police or children's reporter fell by 39 per cent, from 2,169 to 1,326 in 2012-13.

3.9.10. Other police warnings increased by two thirds (67 per cent) from 2,330 in 2011-12 to 3,887 in 2012-13. There has been a large increase in these warnings over the past two years with an increased number of verbal and other police warnings being issued in the past three years.

3.10. Crown Office Procurator Fiscal Service (COPFS) disposals

Tables 24, 25, 26, 27 and 28

When a report is submitted by the police to the procurator fiscal, prosecution in court is only one of a range of possible options for dealing with people who have been charged. Other possible actions include the use of fiscal fines, compensation orders and fixed penalties. More details on this new information are available in annex notes C5 and D3.

3.10.1. In 2012-13, 47,819 people were issued with a fiscal fine as a main penalty (up 13 per cent from 42,184 in 2011-12) and 21,638 people were issued a fiscal fixed penalty (up 3 per cent from 21,067 in 2011-12).

Fiscal fines

3.10.2. In 2012-13, 59 per cent of the 47,819 fiscal fines issued to people as main penalties were issued for miscellaneous offences, including:

• Communications Act offences (mainly TV licensing) which account for one-third (34 per cent);
• Breach of the peace which accounted for nearly one in ten (8 per cent); and
• Alcohol bylaw offences which attracted 7 per cent of the total.

3.10.3. In addition to miscellaneous offences, other crime types which attracted a high proportion of the total fiscal fines issued in 2012-13 were drug crimes (24 per cent) and shoplifting (8 per cent).

3.10.4. Two-thirds (64 per cent) of all fiscal fines in 2012-13 were issued to males. The profile of crimes/offences for which fiscal fines were issued differed for males and females. However, Communications Act offences and drug offences were both very common offences which attracted fiscal fines in both males and females. For example, of the 17,360 fiscal fines issued to females, the most common crimes/offences for which they were given were:

• Communications Act offences (66 per cent);
• Shoplifting (9 per cent); and
• Drug offences (6 per cent).

3.10.5. For males, of the 30,438 fiscal fines issued, the most common crimes/offences for which they were given were:

• Drug offences (35 per cent);
• Communications Act offences (16 per cent); and
• Alcohol bylaw offences (10 per cent).

3.10.6. Both males and females aged over 30 account for the largest proportion of fiscal fines issued to either gender. Males aged over 30 account for nearly half (49 per cent) of all fiscal fines issued to males while females aged over 30 account for the majority (60 per cent) of all fiscal fines given to women.

3.10.7. Males and females aged under 21 received the smallest share of fiscal fines issued for each gender. Around one in six (16 per cent) of the total fiscal fines issued to males were to those aged under 21 while females aged under 21 accounted for 6 per cent.

3.10.8. Three quarters (74 per cent) of fiscal fines issued to males aged under 21 were for three main crimes; drug offences accounted for half (50 per cent), breach of the peace accounted for 13 per cent and alcohol bylaw offences which represents one in ten (11 per cent).

3.10.9. Younger females received relatively more fiscal fines than older females for other sub-categories of miscellaneous offences, for example:

• Breach of the peace - 12 per cent of fiscal fines issued to females aged under 21 compared to 4 per cent of those issued to females aged over 30; and
• Seven per cent of fiscal fines given to women aged under 21 were for common assault compared to 1 per cent for women aged over 30.

Fiscal fixed penalties

3.10.10. Crown Office Fixed Penalties (COFPs) are generally issued for motor vehicle offences (in 2012-13 less than one per cent were issued for non-motor vehicle offences, such as bicycle offences). In 2012-13, of the 21,638 COFPs issued to people as a main penalty:

• Thirty-four per cent were for speeding offences;
• Seventeen per cent were for documentation offences (such as using a vehicle without a test certificate, without a licence or failure to insure); and
• Twelve per cent were for signal and direction offences (such as failure to comply with traffic signs and crossings).

3.10.11. In 2012-13, nearly four in every five (79 per cent or 16,982) of COFPs were issued to males and over half (53 per cent or 11,388) of all COFPs were issued to males aged over 30.