Domestic Abuse (Scotland) Act 2018 (DASA) custodial sentences: FOI release

Information requested

1. Could you please provide me with the number of people who received a short term custodial sentence (less than four years) following a conviction under the Domestic Abuse (Scotland) Act 2018. Could you please provide this data for the past five calendar years until the date of this request?
2. Could you please provide me with the number of people who received a long term custodial sentence (More than four years) following a conviction under the Domestic Abuse (Scotland) Act 2018. Could you please provide this data for the past five calendar years until the date of this request?
3. Could you please provide me with the number of people who received a custodial life sentence following a conviction under the Domestic Abuse (Scotland) Act 2018. Could you please provide this data for the past five calendar years until the date of this request?

Response

Please find the information you requested in the tables below. The latest available information on convictions is for the financial year 2021-22.

The Domestic Abuse (Scotland) Act 2018 (DASA) came into effect on 1 April 2019 for crimes committed on or after this date, and were included in the 2019-20 bulletin for the first time. However as the offence is committed where someone engages in a course of conduct and only conduct occurring after 1 April 2019 can be prosecuted, the number of prosecutions in the first year in which the Act is in effect will be lower than in subsequent years.

1,2.
People receiving custodial sentence under the Domestic Abuse (Scotland) Act 2018 (where main crime), by length of the sentence, 2019-20 to 2021-22.

	2019- 20	2020- 21	2021-22
Up to 4 years	37	71	108
Over 4 years	-	1	3

Source: Scottish Government Criminal Proceedings database.

3. There were no life sentences issued under the Domestic Abuse (Scotland) Act 2018 (where main crime) between 2019-20 and 2021-22. The maximum penalty on conviction for the offence of abuse of a partner or ex-partner is 14 years imprisonment.

Please note that data for 2020-21 and 2021-22 are affected by the pandemic, subsequent court closures, reduced court capacity due to physical distancing measures and delays to cases where key participants were forced to self-isolate after testing positive for COVID-19, and should not be considered indicative of long term trends.

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