Criminal Proceedings in Scotland, 2022-23

12. Crown Office and Procurator Fiscal Service disposals

(Tables 20-22)

When a report is submitted by the Police (or other specialist reporting agency) to the Procurator Fiscal, prosecution in court is only one of a range of possible options for dealing with people who have been charged. The Procurator Fiscal can decide to take no action e.g. if there is insufficient evidence, or if it is not in the public interest to proceed. Alternatively, the Procurator Fiscal can decide to use a non-court direct measure such as a fiscal fine or a diversion from prosecution. Where the Procurators Fiscal decides to offer a diversion from prosecution, this is not shown in the data in this publication.

High-level summary

Crown Office and Procurator Fiscal Services (COPFS) disposals

(Tables 20-22)

In 2022-23 there were 30,770 COPFS disposals issued in Scotland. Of these:

• 11,004 (36%) were fiscal fines
• 11,364 (37%) were a Fiscal fixed penalty
• 4,170 (14%) were Fiscal combined fine plus compensation
• Fiscal fines were most commonly given for possession of drugs (3,410 or 32%) and for unlawful use of vehicle (2,234 or 21%)

Year on year change (2021-22 to 2022-23)

• Between 2021-22 and 2022-23 all COPFS disposals decreased by 5%
• The largest change was in Fiscal combined fines plus compensation which increased by 47%

Change over the latest 10 years (2013-14 to 2022-23)

• Between 2013-14 and 2022-23 there was a decrease of 51,587 COPFS disposals (down 63%)
• The largest change was in Fiscal combined fines plus compensation which increased by 116%

Breakdown by gender

• 76% of all COPFS Fiscal fine were given to males
• 34% of males given Fiscal fines were aged over 40.

Key points to note

• In 2022-23 11,004 people were issued with a fiscal fine, which are available to any offence which be tried summarily, as a main penalty, a decrease of 7% from the 11,846 issued in 2021-22.
• In 2022-23, 11,364 Fiscal Fixed Penalties, which relate only to certain road traffic offences, were issued to people as a main penalty, a decrease of 6% from 12,068 in 2021-22.

Chart 17. Fiscal fines and Fiscal fixed penalties were the two most common disposals issued by the Crown Office and Procurator Fiscal Service.

Crown Office and Procurator Fiscal Service disposals by type, 2022-23.

The most common crime that COPFS were issued for in 2022-23 was Speeding offences (6,889 penalties), which made up more than two thirds (61%) of all COPFS. After this COPFS were most commonly issued for the following crimes (Chart 18): 20% were for Documentation offences (such as using a vehicle without a test certificate, without a licence or failure to insure), totalling 2,218; 5% were for Serious driving offences (such as mobile phone and seatbelt offences), totalling 613 penalties.

Chart 18. The most common offence the Crown Office and Procurator Fiscal Service issued a Fiscal Fixed Penalty for was Speeding offences.

Fiscal Fixed Penalties issued by the Crown Office and Procurator Fiscal Service, by offence type, 2022-23.