Proceedings and convictions for prisoners for communication offences: FOI release

Information requested

How many people in each of the last two financial years and so far this financial year have appeared in court in relation to each of the following charges:

• Prisons (Scotland) Act 1989 S41(1)(a)&(9A)a - Bring/introduce or attempt bring/introduce personal communication device into prison.
• Prisons (Scotland) Act 1989 S41ZA(1) - Knowingly give a personal communication device to a prisoner.
• Prisons (Scotland) Act 1989 S41ZA(2)(a) - Transmit a communication of any kind from inside a prison.
• Prisons (Scotland) Act 1989 S41ZA(2)(b) - Intentionally receive a communication of any kind from inside a prison.
• Prisons (Scotland) Act 1989 S41ZA(3) - Prisoner in possession of a personal communication device while in prison.
• Prisons (Scotland) Act 1989 S41ZA(3)&41(9B) - Any person while inside a prison is in possession of a personal communication device.

Response

The available information is provided in the following table. Data for 2020-21 are affected by the pandemic and subsequent court closures and should not be viewed as indicative of long term trends.

People prosecuted in Scottish courts for specific charges under Prisons (Scotland) Act 1989, where main charge, 2020-21

Main charge	Total prosecuted	Total convicted
Totals	103	99
Section 41(1)(A) & (9A)A	6	5
Section 41ZA(1)	1	1
Section S41ZA(2)(a)	-	-
Section S41ZA(2)(b)	-	-
Section 41ZA(3)	65	63
Section 41ZA(3) & 41(9B)	31	30

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.

The Scottish Government Criminal Proceedings database is not a live system and the latest available information is for the financial year 2020-21. Statistics are presented on the number of people dealt with by the Scottish Criminal Justice System where proceedings have concluded.

Information for 2021-22 will not be available until publication of the Criminal Proceedings in Scotland, 2021-22 Statistical Bulletin. This is due to be published later this year. The dates of all Scottish Government Official and National Statistics publications are pre-announced, and the up to date list of future publications can be found at: https://www.gov.scot/Topics/Statistics/ForthcomingPubs.

However, you may wish to contact the Crown Office & Procurator Fiscal Service at foi@copfs.gov.uk who may be able to help you with more up to date information.

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.