Justice Analytical Services (JAS) Safer Communities and Justice Statistics Monthly Data Report: November 2022 edition

How crime flows through the Justice System

The justice process, from an incident being reported through to a case being conducted in court.

Incident Reported

1. Crime classified & suspect charged

Incident is reviewed by Police to determine if it is a crime. If a crime, Police charge suspect (where possible) and issue:

• a Fixed Penalty Notice or Recorded Police Warning
• a Report to COPFS or
• decide on no further action

2. Police report the case to COPFS

The accused will be:

• Kept in custody - Case called the next court day
• Released on an undertaking - Accused told when to appear and may have bail conditions
• At liberty - If prosecuted, the accused will receive a citation stating the charge and when to appear

3. Report marked by COPFS

Prosecutor decides if accused is prosecuted:

• No action - e.g. not enough evidence
• Direct measure - An alternative to prosecution, e.g. Fiscal Fine or warning letter
• Summary prosecution - JP or Sheriff Court (no jury)
• Solemn prosecution - Sheriff or High Court (with jury)

4. Case heard & court outcomes

If the accused is found guilty in court, or tendered a guilty plea, they can be given:

• Custodial Sentence
• Community Sentence
• Monetary Penalty
• Admonished/Dismissed
• Other disposal