Convictions for cybercrime in Scottish courts: FOI release

FOI reference: FOI/17/01318
Date received: 13 June 2017
Date responded: 7 July 2017

Information requested

Convictions in Scottish courts (last 12 mths) for offences with a cyber element:

1. economic(fraud/piracy)
2. online market-illegal items
3. malicious and offensive communications/cyber bulling
4. hacking
5. Disruption of computer functionality

Response

People convicted in Scottish Courts under the Communication Act 2003 S127(1)(a), S127(1)(B), S127(2)(A), S127(2)(B), S127(2)(C), the Computer Misuse Act 1990 S1 and the Offensive Behaviour at Football & Threat Communications Act 2012 S6(1)&(")¹, 2015-16.

	2015-16
COMMUNICATIONS ACT 2003 SECTION 127(1)(A)	719
COMMUNICATIONS ACT 2003 SECTION 127(1)(B)	62
COMMUNICATIONS ACT 2003 SECTION 127(2)(A)	19
COMMUNICATIONS ACT 2003 SECTION 127(2)(B)	5
COMMUNICATIONS ACT 2003 SECTION 127(2)(C)	94
COMPUTER MISUSE ACT 1990 SECTION 1	1
Total convictions	900

1 - where main crime
Source: Scottish Government Criminal Proceedings Database.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. Of the offences you have requested we are only able to provide data under the Communication Act 2003 S127, Computer Misuse Act 1990 which is identifiable as cybercrime. Some of the cyber-enabled crimes i.e. fraud, malicious and offensive communication or sale of illegal items would be covered by legislation that doesn't separate online from non-online offences. Online fraud (depending on type of fraud) could be covered under the Fraud Act 2006 or Data Protection Act 1998; online sales of illegal items could be covered under the Copyright Designs and Patents Act 1988 or the Trade Marks Act 1994; malicious and offensive communication offences (depending on type) could be covered under the Malicious Communications Act (1988). The Scottish Government recognises that work is required to improve the evidence base on cybercrime and we are working with Police Scotland on how best to clearly define, record and report on cyber-related and cyber-enabled crime.

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