CRIMINAL PROCEEDINGS IN SCOTLAND 2014-15

Annex D: Definitions, Classifications and Notation

D.1 The measures available to a court in sentencing a convicted person depend on a number of matters including what Parliament has legislated for in terms of appropriate penalties and whether the accused is an adult (21 or over), a young offender (aged 16 but less than 21) or a juvenile (under 16 or under 18 with a current supervisory requirement from a children's hearing).

D.2 In some cases, if the court obtains evidence that the accused is suffering from a mental disorder, they can be assessed as unfit for trial, or acquitted because they were not criminally responsible at the time of the offence with a mental health disposal being issued by the court.

Custodial sentences

D.3 In 2014-15 the custodial sentence measures available to courts included the options to:

a. Imprison the offender (or sentence a young offender to a Young Offenders’ Institution (YOI)) or, if the offender has been released on licence/under supervision following a previous conviction, recall to prison or YOI.

b. Issue an Order for Lifelong Restriction (OLR). The OLR provides for the lifelong supervision of high-risk violent and sexual offenders and allows for a greater degree of intensive supervision than is the current norm. The OLR is designed to ensure that offenders, after having served an adequate period in prison to meet the requirements of punishment, do not present an unacceptable risk to public safety once they are released into the community. The period spent in the community will be an integral part of the sentence, which lasts for the remaining period of the offender's life.

c. Sentence a young offender under 18 years of age convicted of murder to detention for an indeterminate period (the effect of these sentences is normally detention in a young offenders institution).

d. Sentence a juvenile to a specified period of detention in a place and on such conditions as Scottish Ministers may direct.

D.4 Please note that statistics for extended sentences are not available in this publication. These were introduced through the Crime and Disorder Act 1998 to allow courts to impose additional post-release supervision on licence where they consider that any existing supervision after the offender’s release from custody would not be enough to protect the public from serious harm from the offender. These extended sentences can be imposed on sex offenders or on violent offenders who would have received a determinate sentence of four years or more. Changes made through the Criminal Justice and Licensing (Scotland) Act 2010 mean that courts can also now impose an extended sentence on non-sexual offences where there is a significant sexual aspect to the offence.

Community sentences

D.5 Community sentence is a collective term for the ways that courts can punish someone convicted of committing an offence other than by serving a custodial sentence. The following list includes the commmunity sentence options to:

a. Impose a community payback order (for offences committed after 1 February 2011). Please see Annex E for a full description.

b. Impose a restriction of liberty order: a community sentence introduced by section 5 of the Crime and Punishment (Scotland) Act 1997 and available to courts nationally from 1 May 2002. This requires a person to remain within a location, usually their home, at times specified by the court. A person's compliance with the order is monitored electronically.

c. Impose a drug treatment and testing order (DTTO): a measure introduced by the Crime and Disorder Act 1998 and rolled out in phases from 1999 onwards. These are designed to reduce or stop offending by addressing problem drug use through the provision or access to a closely monitored treatment programme.

d. Impose a probation order, of which some had conditions such as unpaid work or alcohol treatment attached (for offences committed prior to 1 February 2011).

e. Impose a community service order requiring the offender to undertake unpaid work (for offences committed prior to 1 February 2011).

f. Impose a supervised attendance order which the court can impose as an alternative to custody for people who have defaulted on fines imposed for minor criminal offences (for offences committed prior to 1 February 2011).

Financial penalties

D.6 The list below includes the financial penalty sentence options that allow the courts to :

g. Fine the offender.

h. Impose a compensation order requiring the offender to compensate the victim for any resulting injury, loss, damage, alarm or distress.

Other sentences

i. Order an absolute discharge (with no conviction recorded in summary procedure) or, following a deferral of sentence, make no order.

j. Admonish the offender or make an order to find caution (the overwhelming majority of these are admonishments).

k. Remit the disposal of a child offender to a children's hearing (if the accused is a child, under 16 years of age or aged 16 or 17 and subject to a supervision requirement).

l. Make a guardianship order if the accused is suffering from a mental disorder (with no conviction recorded in summary procedure).

m. Make a compulsion order if the accused is suffering from a mental disorder (with a conviction recorded), for a period of six months with regular reviews.

D.7 The range of options available to the police for minor offences includes:

a. Anti-social behaviour fixed penalty notices (ASBFPNs) of £40, can be issued for eleven crime/offence types, including drunken-related behaviours and playing loud music, to people aged 16 or over. Payment of the penalty involves no admission of guilt.

b. Formal adult warnings (FAWs) are issued for minor offences, commonly including street drinking, drunk and incapable, urinating, minor theft by shoplifting, assault, breach of the peace and vandalism.

c. Disposals for young people who offend such as Early and Effective Interventions (EEI) and Restorative Justice Warnings.

D.8 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. These cover:

a. Fiscal fines of up to £300 for summary offences. Available to fiscals before Summary Justice Reform, but cannot be separately identified in CHS until after SJR.

b. Fiscal fixed penalties are generally issued for motor vehicle offences. Available to fiscals before SJR, but cannot be separately identified in CHS until after SJR.

c. Fiscal compensation orders of up to £5,000 payable to the victim. Only available after SJR, for personal injury, loss, damage, alarm or distress.

d. Combined fiscal fine and fiscal compensation order.

Classification of crimes and offences

D.9 Violations of criminal law are divided, for statistical purposes only, into crimes and offences. There are around 6,000 charge codes, which are the operational codes used within the Criminal Justice System to identify crimes and offences. These charge codes are mapped to around 400 crime codes, which in turn are grouped into 35 broader categories, and further into 7 crime and offence groups. This classification enables consistent and comparable reporting between criminal justice organisations and is presented in the table below.

CRIMES
Group 1: Non-sexual crimes of violence (Also referred to as Crimes of violence)
Homicide etc.	Includes: Murder Culpable homicide - Culpable homicide (common law) - Causing death by dangerous driving - Causing death by careless driving while under the influence of drink or drugs - Causing death by careless driving - Illegal driver involved in fatal accident - Corporate homicide
Attempted murder and serious assault	Includes: Attempted murder Serious assault An assault is classified as serious if the victim sustained an injury resulting in detention in hospital as an in-patient or any of the following injuries whether or not he/she was detained in hospital: fractures, internal injuries, severe concussion, lacerations requiring sutures which may lead to impairment or disfigurement or any other injury which may lead to impairment or disfigurement.
Robbery	Robbery and assault with intent to rob
Other	Includes: Threats and extortion Cruel and unnatural treatment of children Abortion Concealment of pregnancy Possession of a firearm with intent to endanger life, commit crime etc. Abduction Ill treatment of mental patients Drugging
Group 2: Sexual crimes
Rape and attempted rape	Includes: Rape Attempted rape
Sexual assault	Includes: Contact sexual assault (13-15 year old or adult 16+) Sexually coercive conduct (13-15 year old or adult 16+) Sexual crimes against children under 13 years Lewd and libidinous practices
Crimes associated with prostitution	Includes: Crimes relating to prostitution Soliciting services of person engaged in prostitution Brothel keeping Immoral traffic Procuration
Other	Includes: Other sexually coercive conduct Other sexual crimes involving 13-15 year old children Taking, distribution, possession etc. of indecent photos of children Incest Unnatural crimes Public indecency Sexual exposure Other sexual crimes
Group 3: Crimes of dishonesty (Also referred to as Dishonesty)
Housebreaking	Includes: Theft by housebreaking domestic property (dwelling and non-dwelling) Theft by housebreaking other property Housebreaking with intent to steal domestic property (dwelling and non-dwelling) Housebreaking with intent to steal other property Attempted housebreaking with intent to enter and steal domestic property (dwelling and non-dwelling) Attempted housebreaking with intent to enter and steal other property
Theft by opening a lockfast place (OLP)	Theft by opening lockfast places (OLP) (excluding motor vehicle) OLP (excluding motor vehicle) with intent to steal Attempted OLP excluding motor vehicle with intent to steal
Theft from a motor vehicle by OLP	Includes : Theft by OLP from a motor vehicle OLP with intent to steal from a motor vehicle Attempted OLP with intent to steal from a motor vehicle
Theft of motor vehicle	Theft of a motor vehicle and contents Attempted theft of a motor vehicle
Shoplifting	Shoplifting
Other theft	Includes : Theft of pedal cycles Theft from a motor vehicle not elsewhere classified
Fraud	Includes: Common law fraud Statutory fraud Forgery and uttering (excluding currency crimes)
Other crimes of dishonesty	Includes: Forgery (other) Reset Embezzlement Corruption
Group 4: Fire-raising, vandalism etc.
Fire-raising	Includes: Fire-raising Muirburn
Vandalism, etc.	Includes: Malicious mischief Vandalism Culpable and reckless conduct (not with firearms) Reckless conduct with firearms
Group 5: Other crimes
Crimes against public justice	Includes: Perjury Resisting arrest Bail offences (other than absconding or re-offending) Wasting police time
Handling offensive weapons	Includes: Possession of an offensive weapon Restriction of offensive weapons Having in a public place an article with a blade or point Having in prison an article with a blade or point Possession of an offensive weapon (not blade or point) in a prison
Drugs	Includes: Importation of drugs Production, manufacture or cultivation of drugs Possession and supply of controlled drugs Related money laundering offences Bringing drugs into prison
Other	Includes: Treason Conspiracy Explosives offences Wrecking, piracy and hijacking Crimes against public order
OFFENCES
Group 6: Miscellaneous offences
Common assault	Includes: Common assault Common assault on an emergency worker
Breach of the peace etc.	Includes: Breach of the peace Threatening or abusive behaviour Offence of stalking Offensive behaviour at football Threatening communications (Offensive Behaviour at Football and Threatening Communications Act 2012)
Drunkenness and other disorderly conduct	Includes: Drunk and disorderly Drunk and incapable Drunk in charge of a child Drunk and attempting to enter licensed premises Drunk or drinking in unlicensed premises Disorderly on licensed premises Drunk and attempting to enter a sports ground Refusing to quit licensed premises Consumption of alcohol in designated places, byelaws prohibited
Urinating etc.	Includes: Urinating /defecating
Other	Includes: Racially aggravated harassment Racially aggravated conduct False/Hoax calls Offences involving children Offences involving animals/plants Offences against local legislation Offences against liquor licensing laws Labour laws Naval military and air force laws Offences against environmental legislation Consumer protection acts
Group 7: Motor vehicle offences
Dangerous and careless driving	Includes: Dangerous driving offences Driving carelessly
Driving under the influence	Includes: Driving or in charge of motor vehicle while unfit through drink or drugs Blood alcohol content above limit Failing to provide breath, blood or urine specimens
Speeding	Includes: Speeding in restricted areas Other speeding offences