Reconviction Rates in Scotland: 2012-13 Offender Cohort

5 Main findings: non-court disposals

(Tables 13 and 14)

5.1 Changes were introduced as a result of the Criminal Proceedings Act 2007 and these were collectively known as Summary Justice Reform. They were designed to take less serious cases out of the justice system at an earlier stage, and to improve the efficiency of court processes.

5.2 In 2007-08 new options became available to the police for dealing with minor offences. These included Anti-Social Behaviour Fixed Penalty Notices (ASBFPNs) and Formal Adult Warnings for crimes such as breach of the peace, urinating, consuming alcohol in a public place, and for other, more minor offences.

5.3 Prosecution in court is only one of a range of options available for dealing with people who have been reported to the Procurator Fiscal. Procurators Fiscal have had long standing powers to issue Fiscal Fines as an alternative to court prosecution for a range of offences and to offer a conditional offer of a Fixed Penalty Notice to offenders for speeding offences and other road traffic related offences.

5.4 As part of Summary Justice Reform, the Scottish Parliament provided prosecutors with powers to issue an enhanced range of fiscal fines and to award compensation to victims, through Fiscal Compensation Orders. Collectively these non-court prosecution options are used to deal with less serious offences.

Police disposals

5.5 Individuals given ASBFPNs in 2012-13 had the highest percentage of individuals who received another non-court disposal within one year and the highest average number of non-court disposals per individual of any non-court disposal (police and COPFS) (Table 13 and Table 14). Of the individuals given an ASBFPN, between 2008-09 and 2012-13 the percentage who received another non-court disposal within one year decreased by 0.6 percentage points from 28.5 per cent to 27.9 per cent , whereas there was a 12 per cent increase in the average number of non-court disposals per individual from 0.48 to 0.54 (Table 13).

5.6 Individuals who were given a Formal Adult Warning had roughly half the percentage of individuals who received another non-court disposal within one year and roughly half the average number of non-court disposals per individual of compared to individuals given an ASBFPN (Table 13).Of the individuals given an Formal Adult Warning, between 2008-09 and 2012-13 the percentage who received another non-court disposal within one year decreased by 3.3 percentage points from 18.0 per cent to 14.7 per cent, and there was an 14 per cent decrease in the average number of non-court disposals per individual from 0.28 to 0.24.

Crown Office and Procurator Fiscal Service (COPFS) disposals

5.7 Of the COPFS disposals, in 2012-13 individuals given a Fiscal Fine had the highest percentage of individuals who received another non-court disposal (24.7 per cent) and the highest average number of non-court disposals per individual (0.35). Individuals given a Fiscal Fixed Penalty had the lowest percentage of individuals who received another non-court disposal (10.0 per cent) and the highest average number of non-court disposals per individual (0.12).

5.8 Between 2008-09 and 2012-13, Fiscal Fines, Fiscal Combined Fine and Compensation, and Fiscal Compensation Orders have all seen a decrease in the percentage of individuals who received another non-court disposal within one year and a decrease in the average number of non-court disposals per individual, whereas there has been a slight increase in both measures for Fiscal Fixed Penalties.

5.9 At present, information is not collected on Fiscal Work Orders in the Scottish Offenders Index and they are therefore not included in this publication.