Criminal Proceedings in Scotland, 2013-14

2. Key Points for 2013-14

Further explanatory detail is provided in the commentary in Section 3.

2.1. Court proceedings and convictions (Tables 1, 2, 3, 4a and Chart 2)

2.1.1. A total of 121,668 people were proceeded against in court in 2013-14, a rise of 4 per cent on 2012-13 (116,678 proceedings). This is the first increase in 7 years, as between 2006-07 and 2012-13 proceedings followed a downward trend.

2.1.2. In 2013-14 there were a total of 105,549 people with a charge proved, a 4 per cent increase from 101,013 in 2012-13. Eighty-seven per cent of people proceeded against in court had at least one charge proved or a guilty plea accepted, the same as in 2012-13.

2.1.3. The increase in convictions in the one year to 2013-14 has been primarily driven by rises in convictions for motor vehicle offences (up 14 per cent from 35,453 in 2012-13 to 40,258 in 2013-14). This may be explained, in part, by a change in Police Scotland's operational practices during this time.

2.1.4. Convictions for non-sexual crimes of violence saw falls and, in particular, convictions for homicide and "attempted murder & serious assault" both declined by 20 per cent in the year to 2013-14 (down to 90 and 1,029 people respectively).

2.1.5. The number of people convicted for sexual crimes continued to rise with a 22 per cent increase overall (from 864 in 2012-13 to 1,053 in 2013-14). Higher numbers of sexual offences may be partly explained by a widening of the definition of rape in the Sexual Offences (Scotland) Act 2009, which came into force in December 2010, and by increased reporting in the wake of high profile cases.

2.1.6. The number of convictions for rape and attempted rape increased by 13 per cent (from 77 in 2012-13 to 87 in 2013-14), sexual assault by 15 per cent (from 204 to 235) and offences related to prostitution by 19 per cent (142 to 169).

2.2. Court sentences (Tables 7 and 10(c))

2.2.1. Financial penalties continue to account for the majority of court sentences (55 per cent) and rose 8 per cent to 57,812 in 2013-14. This rise goes against a long-term decline in the number of financial penalties imposed since 2006-07 and may be a result of increased motor vehicle offence convictions in 2013-14.

2.2.2. The number of convictions resulting in a custodial sentence fell by 5 per cent from 14,783 in 2012-13 to 14,101 in 2013-14. Custodial sentences accounted for 13 per cent of all penalties in 2013-14 decreasing by 2 percentage points from 2012-13, partially driven by the increase in the proportion of financial penalties.

2.2.3. Overall the average length of custodial sentences, excluding life sentences, in 2013-14 was around nine and a half months (292 days), 9 days (3 per cent) longer than in 2012-13 (283 days) and 63 days (28 per cent) longer than in 2005-06 (229 days or seven and a half months) when sentences were shortest in the last ten years.

2.2.4. The crime types with the longest average sentences in 2013-14 were homicide convictions (excluding murder), which decreased by 7 per cent to 2,207 days (six years)) and rape and attempted rape, which remained at a similar length to last year at 2,471 days (just over six and a half years).

2.2.5. Seventeen per cent (or 18,231) of all convictions in 2013-14 resulted in a main penalty of a community sentence increasing by 6 per cent (from 17,264 in 2012-13). Community payback orders make up the vast majority of community sentences (90 per cent or 16,317) and have increased markedly since they were introduced in February 2011, replacing the previously used community service and probation orders.

2.2.6. Overall community sentences now account for a higher proportion of the total court sentences than they did in 2004-05, increasing by 5 percentage points from 12 per cent of all sentences in 2004-05 to 17 per cent in 2013-14.

2.3. Characteristics of offenders convicted (Tables 5, 6(a), 6(b), 8(c), 11 and 12)

2.3.1. In the past 10 years, the number of convictions in courts for younger people has fallen at much faster rates than for older people. Convictions for people aged under 21 continued to fall in 2013-14, a drop of 11 per cent to 10,613 people, despite the overall increase of 4 per cent in convictions for people of all ages.

2.3.2. In the year to 2013-14 the number of convictions per 1,000 population rose from 24 to 25. This is the first rise in 7 years and has been driven by an increase for males, up by 42 convictions per 1,000 population from 40 in 2012-13. By contrast the rate of convictions for females remained at 8 convictions per 1,000 population.

2.4. Bail and undertakings (Tables 13 to 18)

2.4.1. The total number of bail orders made by Scottish courts in 2013-14 was 47,196, increasing by 7 per cent from 44,039 in 2012-13. This increase is in line with rises in court activity. In 2013-14, there were 22,110 people released on an undertaking to appear in court, falling by 3 per cent from 2012-13 (22,818).

2.4.2. Besides committing an offence while on bail, there were 7,987 other bail-related offences in 2013-14 (e.g. breach of bail conditions, such as failure to appear in court after being granted bail), a decrease of 6 per cent on 2012-13. The number of bail-related offences as a percentage of bail orders granted was 17 per cent.

2.5. Non-Court Disposals (Tables 19 to 28)

2.5.1. In 2013-14, 55,490 people received an anti-social behaviour fixed penalty notices (ASBFPN) as a main penalty, an increase of 1 per cent from 54,713 in 2012-13. Police formal adult warnings (FAW) were given as a main penalty to 7,100 people in 2013-14, down 14 per cent from 8,264 in 2012-13.

2.5.2. In 2013-14, the use by the Crown Office and Procurator Fiscal Service (COPFS) of alternatives to prosecution involving a financial penalty increased marginally by 1 per cent (from 72,848 in 2012-13 to 73,567 in 2013-14). Nearly two-thirds (64 per cent) of COPFS disposals in 2013-14 were fiscal fines (47,322), down 1 per cent from 2012-13.

2.5.3. A total of 23,486 people were issued a fiscal fixed penalty in 2013-14, up 9 per cent on 2012-13 (21,638). This increase may be partially accounted for by an increase in motor vehicle offences.