Criminal Proceedings in Scotland, 2021-22

Key Points

Court proceedings and convictions

(Tables 1, 2 and 3a-c)

• A total of 67,643 people were proceeded against in court in 2021-22, an increase of 45% on 2020-21 (46,590 proceedings). Over the same span convictions rose 39% from 42,614 in 2020-21 to 59,295 in 2021-22.
• The overall conviction rate decreased to 88% in 2021-22, down from 91% in 2020-21. This marks a return to the levels seen pre-pandemic where, between 2012-13 and 2019-20, conviction rates ranged from 86% to 88%.
• Convictions for Non-sexual crimes of violence increased by 37% between 2020-21 (6,608) and 2021-22 (9,068). This includes increases of 100% for people convicted of Murder and culpable homicide (up from 24 to 48) and 45% for Serious assault and attempted murder (up from 682 to 992).
• Convictions under the Domestic Abuse (Scotland) Act 2018, which was the only non-sexual crime of violence to increase between 2019-20 and 2020-21, increased again between 2020-21 and 2021-22 by 81% (up from 381 to 689).
• There was an increase of 52% in the number of convictions for Sexual crimes, from 841 in 2020-21 to 1,279 in 2021-22.
• The number of convictions for Rape and attempted rape increased by 105% from 78 in 2020-21 to 160 in 2021-22. The number of proceedings for these crimes increased by 123% over the same span, from 151 in 2020-21 to 336 in 2021-22. The conviction rate for Rape and attempted rape fluctuates year to year and was 48% in 2021-22.
• Convictions for Crimes of dishonesty rose by 7% from 5,102 in 2020-21 to 5,472 in 2021-22.

Court sentences

(Tables 6-9)

• The total number of convictions rose by 39% from 42,614 in 2020-21 to 59,295 in 2021-22. Those resulting in a custodial sentence increased by 13% (from 7,239 in 2020-21 to 8,169 in 2021-22). Custodial sentences represented 14% of sentences imposed for all convictions in 2021-22 as compared to 17% in 2020-21. This is a return to the proportion seen pre-pandemic, which ranged between 13% and 16% between 2012-13 and 2019-20.
• The average length of a custodial sentence, excluding life sentences and Orders for Lifelong Restrictions, was 376 days in 2021-22. This is 14% longer than the 329 days seen in 2020-21 and nearly one-third longer than the 284 days seen in 2012-13.
• The crime types with the longest average sentences (excluding life sentences) in 2021-22 are Murder and culpable homicide (2,589 days) and Rape and attempted rape (2,572 days). Compared to 2020-21, average sentences for Murder and culpable homicide decreased (down 1% from 2,620 days) and Rape and attempted rape increased (up 6% from 2,435 days).
• Sentences of 3 to 6 months have been the most common sentence length since 2012-13, accounting for 31% of all custodial sentences in 2021-22.
• While the overall proportion of convictions leading to a custodial sentence decreased between 2020-21 and 2021-22 (from 17% to 14%), the numbers of custodial sentences in all sentence length grouping categories increased.
• In 2021-22, 24% (14,160) of all convictions resulted in a main penalty of a community sentence. This is a 45% increase from the 9,783 seen in 2020-21 and reflects the underlying rise in court activity, and the highest proportion of convictions where community sentences were imposed in the past 10 years (up from 17% in 2012-13).
• The numbers of all types of community sentences except for Community Service Orders increased in 2021-22, reflecting the overall increase in court activity.

Characteristics of offenders

(Tables 4, 5, 7c, 9b and 10)

• The number of convictions per 1,000 population increased from eight in 2020-21 to 12 in 2021-22. This is broadly in line with the rise in court activity.
• The number of convictions per 1,000 population for males increased from 15 in 2020-21 to 20 in 2021-22, and for females increased from three in 2020-21 to four in 2021-22.
• The number of convictions per 1,000 population for all age-sex groups increased in 2021-22, with the sole exception of 16-17 year old males. This reflects the overall increase in court activity following the COVID-19 lockdowns.

Aggravations

(Tables 11 and 12)

• The statutory domestic abuse aggravation was introduced in 2017-18, and was proven in 7,803 convictions in 2021-22, which is a 20% increase from the 6,529 seen in 2020-21.
• There were 139 convictions with a statutory aggravation for domestic abuse in relation to a child in 2021-22, compared to 89 in 2020-21. This aggravation was created under the Domestic Abuse (Scotland) Act 2018 and applies where a child was involved or otherwise adversely affected by the offending. The aggravation came into effect for crimes committed on or after 1 April 2019.
• In respect of hate crime legislation, crimes may be aggravated if the crime is motivated against a particular characteristic. Compared to 2020-21, the number of convictions with aggravations in 2021-22 increased for Sexual orientation (up 49%), Racial (up 58%) and Religious (up 22%). Aggravations for Disability (up 49% to 118) were at their highest for the most recent 10 years (since 2012-13).

Bail

(Tables 13-15)

• Whilst the number of court proceedings increased in 2021-22, the number of bail orders decreased by <1%, from 24,645 in 2020-21 to 24,538 in 2021-22. Whilst the most recent change may reflect the continuing impact of COVID-19 on the justice system, the longer term declining trend is consistent with lower volumes of cases coming to court.
• There were 7,208 bail-related offences in 2021-22 (e.g. breach of bail conditions, such as failure to appear in court after being granted bail), a 14% increase compared to 2020-21 (6,331 bail related offences).
• The proportion of bail-related offences as a percentage of all bail orders granted in 2021-22 was 29%, which is the highest percentage in the most recent 10 years and up from 26% in 2020-21. This may in part reflect people subject to bail being on bail for longer periods due to court backlogs.
• In 2021-22, there were 24,615 undertakings to appear in court, a fall of 2% from 2020-21 (25,073 undertakings).

Police disposals

(Tables 16-17)

• The total number of police disposals increased by 2% from 30,616 in 2020-21 to 31,247 in 2021-22.
• There were 20,245 Recorded Police Warnings (RPWs) issued during 2021-22, which is a fall of 4% from the 21,040 issued in 2020-21.
• In 2021-22, 5,301 people received an Anti-Social Behaviour Fixed Penalty Notice as a main penalty, an increase of 3% from the 5,168 issued in 2020-21.
• Early and Effective Interventions increased by 30% between 2020-21 and 2021-22, from 4,133 to 5,367.

Crown Office and Procurator Fiscal Service disposals

(Tables 19-21)

• In 2021-22 11,834 people were issued with a fiscal fine, which are available to any offence which be tried summarily, as a main penalty, a decrease of 11% from the 13,257 issued in 2020-21.
• In 2021-22, 12,057 Fiscal Fixed Penalties, which relate only to certain road traffic offences, were issued to people as a main penalty, an increase of 12% from 10,795 in 2020-21.