Drink Spiking conviction statistics: FOI release

Information requested

1. The number of charges related to ‘drink spiking’ in the financial years of 2018-19, 2019-20, 2020-21 and so far in 2021-22. For clarity, I understand that drink spiking charges are usually made under the common law offence of ‘drugging’ or under the Drugging and Sexual Offences Act Section 11.

2. The outcomes of the charges brought related to ‘drink spiking’ in the financial years of 2018-19, 2019-20, 2020-21 and 2021-22. For clarity, I am seeking how many charges proceeded to court, how many charges were dropped or no further action was taken, how many were given non-court disposals, how many convictions were secured and how many acquittals took place in cases that proceeded to court. Please include figures for any other case outcomes for which there is data.

Response

While our aim is to provide information whenever possible, in this instance the Scottish Government (SG) does not hold some of the information requested.

The SG does not hold data on the numbers of charges, whether they were dropped or no further action taken because Police Scotland submit charge reports to the Crown Office & Procurator Fiscal Service (COPFS) who are responsible for prosecutions in Scotland and hold this level of information.

However, you may wish to contact the Crown Office & Procurator Fiscal Service at foi@copfs.gov.uk who may be able to provide numbers of charges reported to them and subsequent action for the time periods in question.

This is a formal notice under section 17(1) of FOISA that the SG does not have some of the information you have requested.

The SG criminal proceedings database can provide information based on the number of people dealt with by the Scottish Criminal Justice System where proceedings have concluded.

However, this database is not a live system and the latest available information is for the financial year 2019-20. Our records show that there were no people prosecuted or issued with a non-court disposal in either 2018-19 or 2019-20 for charges under crimes of 'drugging' or under section 11 of the Sexual Offences (Scotland) Act 2009. There is no specific offence for 'drink spiking'.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.