Criminal Proceedings in Scotland, 2021-22

10. Custodial sentences by type of crime

(Tables 8a-b and 9a-d)

Custodial sentences for Non-sexual crimes of violence

All 48 people convicted of Murder and culpable homicide in 2021-22 were given a custodial sentence, a four percentage-point increase on the 2020-21 figure of 96%. During the period from 2012-13 to 2021-22, the proportion of Murder and culpable homicide convictions receiving custodial sentences has ranged between 96% and 100%. Between 2020-21 and 2021-22, the proportion of people convicted of Robbery given a custodial sentence fell 13 percentage points from 78% to 65%. This is the lowest proportion in the most recent 10 years.

Sixty-seven percent of custodial sentences for Murder and culpable homicide were life sentences imposed for Murder (32 people), an increase compared to 2020-21 (61%, 14 people). The remainder (16 people), who were convicted for Culpable homicide, were given an average sentence of around seven years (2,589 days), one month (31 days) less than in 2020-21 (2,620 days), and at the lower end of the range seen over the last decade (2,482 to 3,055 days).

The average sentence length for crimes under the Domestic Abuse (Scotland) Act was around a year and four months (482 days) in 2021-22.

Changes in average custodial sentence lengths for other Non-sexual crimes of violence between 2020-21 and 2021-22 were:

• an increase of 11% for Causing death by dangerous driving, from 1,458 days to 1,625 days
• an increase of 3% for Serious assault and attempted murder, from 999 days to 1,029 days
• an increase of 7% for Common assault, from 266 days to 284 days
• an increase of 4% for Robbery, from 748 days to 776 days
• a decrease of 17% for Other non-sexual violence, from 606 days to 505 days

Custodial sentences for Sexual crimes

As shown in Chart 8, custody was the most frequently used disposal for Rape and attempted rape in 2021-22, being imposed on 98% of people with a charge proven. Custodial sentences for Rape and attempted rape attracted the second longest average custodial sentence of all crime types (after Murder and culpable homicide). The average sentence length for this kind of crime increased 6% in 2021-22, up 137 days from 2020-21 to 2,572 days (seven years and two weeks). The average sentence for Rape and attempted rape has ranged between 2,381 days and 2,655 days over the most recent 10 years.

Sexual assault sentences were, on average, 285 days (38%) longer than in 2020-21, increasing to 1,039 days (around 2 years and 10 months) in 2021-22. The average sentence length for Sexual assault has ranged between 754 days and 1,078 days over the most recent 10 years.

Notes for Chart 8

Note 1. Excludes crime types where the number of people sentenced to prison is fewer than 30.

Custodial sentences for Crimes of dishonesty

Twenty-seven percent of convictions for Crimes of dishonesty received a custodial sentence in 2021-22, a decrease from 29% in 2020-21, and the lowest proportion of custodial sentences issued for this crime type in the most recent 10 years. Overall, the average custodial sentence length for Crimes of dishonesty decreased from 220 days in 2020-21 to 208 days in 2021-22; a fall of 5%. This is still amongst the longest average sentence lengths seen in the most recent 10 years, and 25% higher than the average in 2012-13 (166 days). The largest decrease in average length of custodial sentences for Crimes of dishonesty was for Theft by opening lockfast places (down 21% from 206 to 162 days).

Around 51% of Housebreaking convictions received custodial sentences in 2021-22, down six percentage points from the 57% seen in 2020-21. In 2021-22, the average custodial sentence for Housebreaking was just over a year (391 days), a four day (1%) increase from the 387 days seen in 2020-21.

Custodial sentences for Weapons possession

Sections 47 and 49 of the Criminal Law (Consolidation) (Scotland) Act 1995 make provision for the offences of:

• Carrying offensive weapons;
• Having in a public place an article with a blade or point.

These two offences form part of the crime category “Weapons possession”, statistics for which are presented in the standard tables accompanying this publication. As shown in the additional table accompanying this bulletin, there were 1,558 people convicted of Weapons possession in 2021-22, of which two-thirds (65%) were for Having in a public place an article with a blade or point (1,020 convictions), hereafter referred to as carrying knives. Compared to 2020-21 these represent increases for both categories; up 28% for the total of Weapons possession and up 28% specifically for carrying knives. As with increases in other conviction types, this likely reflects the increase in court activity in 2021-22.

Statistics for carrying knives are not published within the standard tables accompanying this bulletin but are presented as an additional table alongside trends for Weapons possession for the most recent 10 years.

The proportion of convictions for Weapons possession which received a custodial sentence was 31% in 2021-22, four percentage points lower than in 2020-21 (35%) and seven percentage points lower than in 2012-13 (38%). The proportion of custodial sentences given specifically for knife offences decreased one percentage point from 35% in 2020-21% to 34% in 2021-22, and also decreased by 13 percentage points since 2012-13 (from 47%).

As seen in Chart 9 below, there has been a shift in the age profile of persons being convicted for Weapons possession since 2012-13. In 2012-13, 41% of convictions were in the over-30s group, and 25% were for people under 22 years of age. In 2021-22 more than half (56%) of all Weapons possession convictions were in the over 30s, and under a sixth (15%) for those aged under 22, 2% being for under-18s.

The average custodial sentence length for Weapons possession in 2021-22 was 4% higher than it was in 2012-13, increasing from 343 days to 358 days. The figure in 2021-22 was 6% lower than the average sentence length of 380 days in 2020-21. The trend over the most recent 10 years is broadly similar for knife offences only, with the average custodial sentence length in 2021-22 (369 days) being 3% longer than that of Weapons possession as a whole.