Statistical Bulletin: Crime and Justice Series: Criminal Proceedings in Scotland, 2010-11

5. Commentary

5.1 Criminal Proceedings in Context

Table 1, Table 19, Chart 2

5.1.1 Contraventions of the law are classified (see Annex D) into crimes and offences. This distinction is made only for statistical reporting purposes and the "seriousness" of the offence is generally related to the maximum sentence that can be imposed. Table 1 and Chart 2 provide a summary of known action in the criminal justice system.

5.1.2 The total number of crimes recorded by the police in 2010-11 was 323,060, 4 per cent lower than in 2009-10. The total remains well below the 2004-05 figure of 438,123, and is the lowest number recorded since 1980. The number of recorded crimes cleared up by the police in 2010-11 (156,772) fell by 6 per cent compared to 2009-10, meaning that the clear-up rate remained at 49 per cent (a crime is regarded as 'cleared-up' where there is a sufficiency of evidence under Scots law to justify consideration of criminal proceedings).

5.1.3 The number of offences recorded by the police in 2010-11 (530,436) decreased by 6 per cent on the total in 2009-10 (563,735). The number of recorded offences cleared up by the police in 2010-11 (490,851) also fell by 6 per cent compared to 2009-10, meaning that the clear-up rate remained at 93 per cent

5.1.4 "Clear-ups" do not necessarily result in a report being sent by the police to the procurator fiscal, and there is not always sufficient available evidence to prosecute the offence in court. The Antisocial Behaviour (Scotland) Act 2004 allowed the police to issue Anti-Social Behaviour Fixed Penalty Notices ( ASBFPNs) for a range of offences, in addition to other types of police disposals. In 2010-11 54,243 people were issued with ASBFPNs as a main penalty and 7,381 people received a formal adult warning.

5.1.5 In 2010-11, the police issued 1,677 restorative justice warnings to juveniles. In addition, where the alleged offender is a juvenile, a referral can be made to the Reporter to the Children's Panel. One outcome of that process is for the police or the reporter to issue a warning letter to the offender; 2,105 such warnings letters were issued in 2010-11.

5.1.6 Owners of defective vehicles can avoid possible court proceedings, by having their vehicle repaired within a given period (Vehicle Defect Rectification Scheme). Alternatives to court proceedings for moving motor vehicle offences are police conditional offers of a fixed penalty and procurator fiscal fixed penalty notices. It is not known how many alleged offenders are otherwise dealt with using discretion, informally by the police or by other agencies.

5.1.7 Referrals or reports often include more than one crime or offence, and in the case of reports to the procurator fiscal may also involve more than one person. There is thus no direct relationship between the number of crimes and offences recorded by the police and the number of disposals resulting from the action of other agencies within the criminal justice system. In addition, many offences included in this bulletin, such as failure to pay a television licence, are reported to the procurator fiscal by specialist reporting agencies such as TV Licensing. Where crimes or offences are recorded and cleared up by the police, any action by the procurator fiscal (or other action) does not necessarily occur in the same year.

5.1.8 In 2010-11, the procurator fiscal received 265,830 criminal reports (from the police and other specialist reporting agencies), a decrease of 4 per cent compared with 2009-10. Prosecution in court is only one of a range of possible options the procurator fiscal has for dealing with people who have been charged. Other actions include the use of a range of non-court-based actions such as fiscal fines, compensation orders, fixed penalties, diversion to social work and other agencies, warnings and referrals to the Reporter to the Children's Panel, or a decision to take no action. In 2010-11, the Criminal History System ( CHS) included 35,446 people issued with fiscal fines as a main penalty and 20,342 people issued with fiscal fixed penalties for motor vehicle offences. More details are available on this new data extraction in notes B8 to B10, C5 and D3.

5.1.9 In February 2011 COPFS carried out a review of the impact of the supreme court's ruling in Cadder v HMA. At the time of the ruling in October 2010, COPFS estimated that there were 3471 cases where the issue of the admissibility of evidence from police interviews had been raised by the defence. Over the three months after the judgment a total of 867 cases could not proceed or could not continue as a direct result of Cadder. The vast majority of cases affected were summary prosecutions, although 9 high court cases and 51 sheriff and jury cases were not able to continue as a result of Cadder. In addition, 3 summary appeals were conceded by the Crown. The details of the review were published on the COPFS website: http://www.copfs.gov.uk/News/Releases/2011/02/Crown-review-cases-after-Cadder-V-HMA

Chart 2: Overview of action within the criminal justice system 2010-11

1. Figures rounded to the nearest 100.
2. Crimes recorded in 2010-11 may not be cleared up or dealt with until 2011-12 or later.
3. A report to the procurator fiscal may involve more than one crime or offence and more than one alleged offender.
4. Reports to the fiscal on non-criminal matters such as sudden deaths, are not included in this total.
5. Number of people from CHS.
6. Includes formal adult warnings, restorative justice warnings, warning letters and other police warnings.
7. Number of cases; data from Crown Office.
8. Figures relate to cases which were closed as offer deemed accepted.
9. Figures for people with a charge proved count the number of occasions on which a person is convicted.
10. Following consultation, figures for motor vehicle offences are no longer collated centrally.

A number of outcomes may result in subsequent prosecutions or referrals to other agencies, for example if a condition such as payment of a fixed penalty is not complied with. For simplicity, these pathways are not shown in the diagram.

5.2 People Proceeded Against in Court

Tables 1 & 2

Unless otherwise stated, references in this bulletin to the crime or offence group for which a person is proceeded against or convicted relate to the main charge involved; the main charge is defined in Annex C. The final column of Table 4(a) provides counts of individual offences with a charge proved regardless of whether or not they were the main offence involved.

5.2.1 The number of people proceeded against decreased to 130,268 in 2010-11, a fall of 5 per cent from the corresponding figure in 2009-10 (137,014).

5.2.2 An estimated 89 per cent of people proceeded against in court in 2010-11 were convicted of at least one charge, a total of 115,398 convictions. Four per cent were acquitted on a "not guilty" verdict, and one per cent on a "not proven" verdict. The remaining seven per cent either had their case deserted by the prosecution or had a plea of "not guilty" accepted.

5.2.3 Acquittal rates vary by crime group, although in 2010-11 it was highest for rape and attempted rape; 38 per cent of the 81 people proceeded against for rape or attempted rape were acquitted following a "not guilty" verdict. The proportion of people receiving a "not proven" verdict was also highest for rape/ attempted rape (14 per cent).

5.2.4 Twenty-one per cent of people proceeded against for theft of a motor vehicle had a plea of "not guilty" accepted or had the case against them deserted.

5.2.5 Of all people acquitted after trial in 2010-11, 16 per cent received a "not proven" verdict, however this proportion varied considerably by crime group.

5.3 People Convicted (by court and crime/offence group)

Tables 3, 4(a) & 4(b)

By court type

5.3.1 The total number of convictions in 2010-11 was 115,398, a decrease of 5 per cent from 2009-10. Compared to 2009-10, the number of convictions fell in all court types, including the high court (10 per cent), in sheriff solemn courts (5 per cent), in sheriff summary courts (6 per cent) and in district/ JP courts (2 per cent).

5.3.2 The number of convictions in sheriff summary courts fell from 65,585 in 2009-10 to 61,458 in 2010-11, or, as a proportion of all convictions, from 54 per cent to 53 per cent. This is this lowest number of sheriff summary court convictions in the last ten years. The number of convictions that took place in district/ JP courts decreased from 50,448 in 2008-09 to 49,243 in 2010-11, although, as a proportion of all convictions, this represents an increase from 42 per cent to 43 per cent.

5.3.3 More-serious cases are dealt with in the high court or sheriff solemn courts. In 2010-11 4,697 people were convicted in these courts - 4 per cent of all people convicted. Recording delays mean that the figures for high court convictions in 2010-11 may be slight underestimates.

By crime group

5.3.4 While the number of people convicted of all types of crime and offence fell by 5 per cent in 2010-11, the number of people convicted of crimes was down 3 per cent (from 42,194 in 2009-10 to 40,924 in 2010-11), and the number of people convicted of offences fell by 6 per cent (from 78,834 in 2009-10 to 74,474 in 2010-11).

5.3.5 The number of people convicted fell for all but a handful of crime groups. Some of the more notable changes were:

• Rape and attempted rape fell by 33 per cent, from 54 in 2009-10 to 36 in 2010-11. Sexual assault increased by 8 per cent, from 260 to 280.
• Fire-raising fell by 17 per cent, from 190 in 2009-10 to 158 in 2010-11.
• Theft of a motor vehicle decreased by 16 per cent, from 572 in 2009-10 to 482 in 2010-11.
• Vandalism was down 12 per cent, the same proportional decrease as seen last year, from 3,646 in 2009-10 to 3,193 in 2010-11. The decrease in convictions for this crime is likely to be related to the continued rollout of police fixed penalty notices.
• Having been relatively stable at around 3,500 convictions per year from 2004-05 to 2008-09, handling an offensive weapon crimes fell for the second time, by 14 per cent, from 2,866 in 2009-10 to 2,473 in 2010-09.
• There was a 56 per cent increase in the number of convictions for 'other' non-sexual crimes of violence, from 305 in 2009-10 to 476 in 2010-11. This increase is largely explained by the number of charges relating to threatening behaviour; in previous years these such offences would generally have been charged under 'breach of the peace' (under other miscellaneous offences), so much of the observed change is a result of the re-classification of offences rather than an increase in offending (see 5.3.6).

By offence group

5.3.6 The number of people convicted in court of common assault fell 4 per cent from 14,148 in 2009-10 to 13,640 in 2010-11. The number of people convicted of breach of the peace also decreased, by 22 per cent, from 14,077 in 2009-10 to 11,003 in 2010-11, the lowest level in the last ten years. The falls in these convictions may be related, in part, to the roll out and increased usage of Police and COPFS disposals following Summary Justice Reform. The changes will also be linked to the legislative changes described in section 3.3, as a result of which a number of offences previously recorded as breaches of the peace will now be recorded as threatening behaviour offences (see 5.3.7) or threatening behaviour crimes (see 5.3.5).

5.3.7 The number of convictions for 'other' miscellaneous offences increased by 25 per cent, from 4,483 in 2009-10 to 5,607 in 2010-11. This increase is mostly a result of 1,165 offences of threatening behaviour being recorded in this group due to changes brought about by the enactment of section 38 of the Criminal Justice and Licensing (Scotland) Act 2010 (see 3.3.2)

5.3.8 Within the motor vehicle offences group, convictions for drink/drug driving offences decreased again by 14 per cent (from 6,232 in 2009-10 to 5,347 in 2010-11). Convictions for speeding also decreased, by 10 per cent (from 14,357 in 2009-10 to 12,945 in 2010-11).

5.3.9 'Other' motor vehicle offences increased by 21 per cent (from 8,150 in 2009-10 to 9,853 in 2010-11). This increase is mostly due to increases in seatbelt offences (21 per cent increase from 2,267 to 2,743) and mobile phone offences (30 per cent increase from 3,018 to 3,914). Mobile phone offences have been increasing steadily over the last four years, since the Road Safety Act 2006 amendments were introduced to the Road Traffic Act 1988.

5.4 People Convicted (by age and gender)

Tables 5, 6(a) & 6(b) & 12

5.4.1 The number of convictions per 1,000 population fell from 29 in 2009-10 to 28 in 2010-11; there was no change for females (9 in both 2009-10 and 2010-11) but the number for males fell from 49 to 47. The number of males with a charge proved (per 1,000 population) is higher than the number of females, in each of the age categories presented in table 5.

5.4.2 The peak rates of convictions per 1,000 population for males are in the ages 18 to 20 (ranging from 104 for age 18, to 112 for age 19); however, in these age ranges, the rate of charges proved per 1,000 population has fallen over the most recent year (from 120 for age 18, and 123 for age 19, in 2009-10). The peak age range for female convictions per 1,000 population is age 26-30 (with 19 per 1,000), though this is closely followed by ages 18 to 25 (for which the conviction rate per 1,000 population ranged from 16 to 18).

5.4.3 Males accounted for 84 per cent of all convictions in 2010-11 (excluding companies) where the gender was known, unchanged since 2009-10. More males than females were convicted in all crime/offence categories except for prostitution. Other categories with high proportions of female convictions include 'other' non-sexual crimes of violence (29 per cent), fraud (32 per cent) and shoplifting (26 per cent).

5.4.4 Although the number of convictions fell 5 per cent in 2010-11, the number of convictions fell by more for younger offenders than for older offenders. The number of males under age 21 convicted fell by 13 per cent from 17,327 in 2009-10 to 15,117 in 2010-11, and the number of females under age 21 who were convicted fell by 11 per cent from 2,511 in 2009-10 to 2,223 in 2010-11. In contrast the number of males over 30 who were convicted fell by 1 per cent, from 46,962 to 46,659 while the number of females over 30 who were convicted decreased by 2 per cent from 9,903 in 2009-10 to 9,709 in 2010-11.

5.4.5 In 2010-11, of the crimes and offences for which females aged under 21 were convicted, over a quarter were in the crime category common assault (29 per cent). The most common crime/offence for which females aged 21 to 30 were convicted was shoplifting (15 per cent). Males under 21 were responsible for 13 per cent of all crimes/offences with charges proved in 2010-11, including 41 per cent of all convictions for theft of a motor vehicle, and nearly a third of serious assault and attempted murder (31 per cent).

5.4.6 Convictions for motor vehicle offences accounted for higher proportions of male and female convictions for those aged over 30; 46 per cent for males (21,558 of the 46,659 convictions for males over 30) and 43 per cent for females (4,200 of the 9,709 convictions). This compares for the under 21 age group, to 22 per cent for males (3,321 of 15,117 convictions) and 19 per cent for females (417 of 2,223 convictions).

5.5 Sentencing

Tables 7, 8(a), 8(b), 8(c), 9, 10(a), 10(b), 10(c), 11 & 12, Charts 3 & 4

Homicide

5.5.1 The proportion of people convicted of homicide who were given a custodial sentence fell from 90 per cent in 2009-10 to 83 per cent in 2010-11. This follows the introduction in August 2008 of new offences related to motor vehicle fatalities. In 2010-11, 11 people convicted of causing death by careless driving received a community service order as a main penalty and 6 others received a fine (averaging £1,280).

Rape

5.5.2 In 2010-11, of the 36 people convicted of rape or attempted rape, 32 (89 per cent) were given a custodial sentence. Of the four people not given a custodial sentence/order, three were charged with attempted rape.

Custodial sentences

5.5.3 The number of convictions resulting in a custodial sentence decreased 3 per cent in 2010-11 to 15,268, the lowest figure since 2005-06 (15,082), although as a proportion of all main penalties, the use of custody remained the same as in the previous three years (13 per cent).

5.5.4 Custody is the most frequently used sentence for most types of crime involving violence, including rape and attempted rape. Other crime types with high proportions of convictions resulting in a custodial sentence in 2010-11 were housebreaking (52 per cent), theft by opening a lockfast place (37 per cent), fire-raising (34 per cent) and handling an offensive weapon (31 per cent).

5.5.5 The average length of custodial sentences for those sentenced to custody in 2009-10 was just over 9 months (277 days), five days lower than in 2010-11.

5.5.6 Between 2009-10 and 2010-11, average custodial sentence lengths increased for some of the more serious crimes and fell for some of the others; for example, the average custodial sentence length for:

• Sexual assault increased by 10 per cent (to 1,197 days).
• Serious assault and attempted murder increased by 1 per cent (to 920 days).
• Homicide (excluding life sentences) rose 5 per cent (to 2,302 days), the highest figure since 2007-08.
• Rape and attempted rape fell by 5 per cent to 2,085 days.
• 'Other' crimes of indecency rose by 15 per cent to 854 days.

5.5.7 The average sentence length also increased for a range of other crimes and offences, some of which are typically dealt with in summary courts and may therefore be related to the change in sentencing powers in that court, and the increased use of police and COPFS disposals for some of the less serious cases in relevant crime categories. For example; the average custodial sentence for:

• Breach of the peace rose 8 per cent to 124 days, the highest level over the last 10 years.
• Fire-raising increased by 20 per cent to 563 days, the highest level over the last 10 years.
• Handling an offensive weapon increased by 5 per cent (to 288 days), and for the sixth year in a row.

5.5.8 Thirty-five per cent of all custodial sentences in 2010-11 were for three months or less (down from 38 per cent in 2009-10 and 41 per cent in 2008-09) and there were corresponding increases in the proportions of sentences of over three months and up to two years. As noted in section 3.4, the presumption against sentences of 3 months or less is likely to ensure that this trend continues.

5.5.9 Crimes of violence and crimes of indecency were the most likely to attract long custodial sentences. Only one per cent of custodial sentences for crimes of dishonesty in 2010-11 were for over two years whereas the corresponding proportions for non-sexual crimes of violence and crimes of indecency were 42 and 54 per cent respectively.

5.5.10 Fifty-eight per cent of custodial sentences for non-sexual crimes of violence and 95 per cent of custodial sentences for handling an offensive weapon were for a period of up to 2 years.

Chart 3: Average sentence length (excluding life sentences) and per cent of custody, by crime or offence group, 2010-11

Community sentences

5.5.10 Thirteen per cent (15,550) of all convictions in 2010-11 resulted in a main penalty of a community sentence, 5 per cent down on 2009-10 (16,350). However, over the last ten years, the use of community sentences has increased in absolute terms (from 12,494 in 2001-02) and as a proportion of all sentences imposed by the courts (from 11 per cent in 2001-02 to 13 per cent in 2010-11).

5.5.11 In 2010-11, the number of convictions resulting in a main penalty of a probation order (including probation with a requirement that the offender shall perform unpaid work) was 7,902, 11 per cent lower than in 2009-10 (8,893) and returning to around the same level seen ten years ago (7,708 in 2001-02). The proportion of convictions resulting in an offender being placed on probation was highest for fire-raising, 'other' non-sexual crimes of violence and theft of a motor vehicle (23, 20 and 18 per cent respectively).

5.5.12 The number of convictions in 2010-11 resulting in a community service order was 5,302, a fall of 3 per cent compared with 2009-10. In 2010-11, the categories with the highest proportion of convictions resulting in a community service order were serious assault and attempted murder (20 per cent), fraud (18 per cent), and handling an offensive weapon (16 per cent). The average length of community service order imposed in 2009-10 was 149 hours, the highest level since 2004-05.

5.5.13 Other community sentences used by courts in 2010-11 included 816 restriction of liberty orders (down 12 per cent from 931 in 2009-10), 806 drug treatment and testing orders (negligible change from 808 in 2009-10) and 276 supervised attendance orders of first instance (up 12 per cent from 247 in 2009-10). Community payback orders were also made available from February 2011 onwards, with 448 being used by the end of March 2011.

Financial penalties

5.5.14 The use of fines, the most common main penalty imposed by courts, fell 7 per cent from 72,491 in 2009-10 to 67,525 in 2010-11. As a proportion of all penalties imposed, fines have generally fallen over the last 10 years, from 66 per cent in 2001-02 to 59 per cent in 2010-11. This is likely, in part, to be a result of those offences most likely to have previously been punished by fines now being increasingly dealt with outside the court with police or COPFS disposals.

5.5.15 In 2010-11, 94 per cent of convictions for motor vehicle offences resulted in a fine (the same proportion as in 2009-10). Other crimes with high proportions of fines include drunkenness (62 per cent), drugs crimes (50 per cent) and breach of the peace (43 per cent).

5.5.16 The average fine imposed by courts in 2010-11 was £215, down 1 per cent from 2009-10 (£217). The use of a compensation order as a main penalty rose by 4 per cent to 1,083 in 2010-11; the average compensation order imposed by courts, either as main or secondary penalty, was £394 in 2010-11, the same as in 2009-10.

Other sentences

5.5.17 In 2010-11, 16,412 people convicted were cautioned or admonished (14 per cent of all convictions). This sentence was a more frequent outcome for crimes against public justice (32 per cent), 'breach of the peace (30 per cent), drunkenness (29 per cent) and shoplifting (26 per cent).

Chart 4: Average fine and per cent fined by crime or offence group, 2010-11
(Excludes companies)

Sentencing by age and gender of offender

5.5.18 The profile of penalties imposed in 2010-11 varied with the age and gender of the offender. This is likely to reflect the different patterns of offending and conviction histories of the different groups of offenders. While males accounted for 84 per cent of all convictions in 2010-11, they represented 91 per cent of custodial convictions. Females accounted for 16 per cent of all convictions and 26 per cent of other sentences (mainly admonition).

5.5.19 Although the number of convictions fell by 5 per cent between 2009-10 and 2010-11, and the number of people receiving a custodial sentence decreased by 3 per cent, there was a 4 per cent fall for males but a 2 per cent rise for females. There were also some differences by age group; for example, the number of females aged over 30 who received a custodial sentence increased by 4 per cent to 546, while there was a decrease of 3 per cent for females aged under 21 (to 169). The number of males under age 21 who received a custodial sentence fell by 23 per cent to 2,000, while there was an increase for males aged over 30 of 3 per cent to 5,914.

5.5.20 The proportion of males receiving a custodial sentence was higher than the proportion of females sentenced to custody in almost every category of crime and offence; at the overall level (14 per cent of males and 7 per cent of females), and in many sub-categories of crime, the proportion of males sentenced to custody was around double the proportion of females. For example, 57 per cent of males and 29 per cent of females were sentenced to custody for non-sexual crimes of violence. It should be noted that sentence is affected by, amongst other things, the particular circumstances of each crime/offence, offending history and offender background.

5.5.21 Of those sentenced to custody in 2010-11, 75 per cent of females and 68 per cent of males received a tariff of 6 months or less. The proportion of males who received a short sentence was lower than the proportion of females for many of the crime categories in which relatively higher numbers of both gender were convicted; for example, 74 per cent of males and 81 per cent of females who were sentenced to custody for common assault received a sentence of 6 months or less. However for some crime categories, particularly where the numbers of females given custody were relatively small ( e.g. other crimes of dishonesty), the proportion of males who received shorter sentences was higher than the proportion of females.

5.5.22 The number of convictions resulting in a community sentence decreased by 5 per cent between 2009-10 and 2010-11. The largest decrease for males was for those aged 21-30 (7 per cent fall to 4,670 in 2010-11) and for females aged under 21 (19 per cent fall to 451 in 2010-11).

5.5.23 Between 2009-10 and 2010-11, the number of convictions resulting in a financial penalty fell by 7 per cent (a decrease of 7 per cent for males to 57,311, and a decrease of 7 per cent for females to 10,197). For both males and females large falls were seen in the use of financial penalties for those aged under 21 (a fall of 16 per cent for males to 7,066, and a fall of 14 per cent for females to 909).

5.6 Bail and Undertakings

Bail Orders Made

Tables 13, 14, 15 & 16

5.6.1 The total estimated number of bail orders made by Scottish courts in 2010-11 was 46,221, a decrease of 4 per cent from 2009-10 and a decrease of 26 per cent since the recent high of 62,283 bail orders made in 2006-07. In addition, this is the lowest total recorded since reporting of bail records began in 2002-03.

5.6.2 In 2010-11, 84 per cent of bail orders were issued to males and 42 per cent were issued to males and females aged over 30. Most bail orders were issued at sheriff courts (90 per cent), with district/ JP courts issuing 9 per cent of the remainder.

5.6.3 The proportion of bail orders given for common assault has increased from 16 per cent of bail orders in 2002-03 to 22 per cent in 2010-11; in contrast, the proportion of bail orders given for dishonesty has fallen from 28 per cent in 2002-03 to 18 per cent in 2010-11. Additionally, 4,301 bail orders were issued for breach of the peace in 2010-11, a 29 per cent reduction from 6,018 bail orders issued in the previous year.

5.6.4 The 46,221 bail orders made in 2010-11 were issued to 33,713 individuals; 77 per cent of individuals received one bail order, 15 per cent received two, 5 per cent received three and 3 per cent received more than three bail orders.

Undertakings to Appear

Table 17

5.6.5 The number of people released by the police on an undertaking to appear in court in 2010-11 was 27,297, up 4 per cent from 26,127 in 2009-10.

5.6.6 In 2010-11, 78 per cent of undertakings were issued to males and 42 per cent to males and females aged over 30.

Offences Committed Whilst on Bail

Table 18

5.6.7 Bail-related offences (other than committing an offence on bail) covers the offences of breach of bail conditions ( e.g. moving address without informing the court) and failure to appear in court after being granted bail. A total of 8,241 of these offences were proved in 2010-11, a decrease of 1 per cent from 2009-10. The number of bail-related offences as a percentage of bail orders granted in 2010-11 was 18 per cent.

5.6.8 The number of bail-related offences increased by 4 per cent in sheriff solemn courts (from 222 in 2009-10 to 230 in 2010-11), compared to a fall in the overall number of charges proved in that court of 5 per cent. In contrast, the number of bail-related offences decreased by 1 per cent in district/ JP courts in 2010-11 (from 649 in 2009-10 to 641 in 2010-11), compared to an overall fall in the number of charges proved in that court of 2 per cent (see Table 3).

5.7 Police Disposals

Tables 19 to 23

A range of options are available to the police for minor offences, including anti-social behaviour fixed penalty notices for ten types of crime/offence, formal adult warnings, restorative justice warnings and warning letters for juvenile offenders, and a number of other types of warnings. More details on this new information are available in annex notesC5andD2.

Anti-Social Behaviour Fixed Penalty Notices ( ASBFPN)

5.7.1 In 2010-11, 54,243 people received an ASBFPN as a main penalty, down 11 per cent from 61,208 in 2009-10. The vast majority of ASBFPNs were issued for three of the ten offences for which they are available.

• 25,144 for consuming alcohol in a public place (46 per cent of the total).
• 13,786 for breach of the peace (25 per cent).
• 12,529 for urinating/defecating in circumstances causing annoyance to others (23 per cent).

5.7.2 Males received 88 per cent of ASBFPNs in 2010-11.

• 30 per cent of all ASBFPNs were given to males aged under 21.
• 34 per cent were given to males aged 21 to 30.
• Over half of the 16,206 ASBFPNs given to males aged under 21 were given for consuming alcohol in a public place (8,302).

Females received 6,583 ASBFPNs in 2010-11, mainly for two offences;

• consuming alcohol in a public place (48 per cent).
• breach of the peace (38 per cent).

Formal Adult Warnings ( FAW)

5.7.3 Police FAWs were given as a main penalty to 7,381 people in 2010-11, down 11 per cent from 8,340 in 2009-10. Three-quarters of FAWs issued in 2010-11 were for four crimes/offences.

• shoplifting (32 per cent).
• drunkenness (18 per cent).
• common assault (15 per cent).
• breach of the peace (10 per cent).

5.7.4 In 2010-11, 59 per cent of people given FAWs as main penalties were male (4,351) and 51 per cent were aged over 30 (3,770).

• Of the 2,203 FAWs issued to males aged over 30, 34 per cent were given for drunkenness.
• In contrast, of the 1,093 FAWs issued to males aged under 21, 8 per cent were for drunkenness; for this age and gender group, 20 per cent of FAWs were given for shoplifting and 16 per cent for common assault.
• Forty-six per cent of the 3,028 FAWs issued to females in 2010-11 were for shoplifting.
• Thirteen per cent of FAWs issued to females aged over 30 were for drunkenness compared to 5 per cent of FAWs issued to females aged under 21.
• In contrast, 17 per cent of FAWs issued to females aged under 21 were for fraud compared to 3 per cent of FAWs issued to females aged over 30).

Other police warnings

5.7.5. In the 2010-11 the number of restorative justice warnings issued as a main penalty fell 26 per cent (from 2,267 in 2009-10 to 1,677 in 2010-11). The number of warning letters issued remained fairly static, falling negligibly from 2,112 to 2,105 in 2010-11. There were 307 other police warnings issued in 2010-11.

5.8 COPFS Disposals

Tables 24 to 28

When a report is submitted by the police to the procurator fiscal, prosecution in court is only one of a range of possible options for dealing with people who have been charged. Other possible actions include the use of fiscal fines, compensation orders and fixed penalties. More details on this new information are available in annex notesC5andD3.

5.8.1 After summary justice reform, CHS started to record Crown Office fiscal fines and fixed penalties separately. In 2010-11, 35,446 people were issued with a fiscal fine as a main penalty (down 1 per cent from 35,700 in 2009-10) and 20,342 people were issued a fiscal fixed penalty (up 10 per cent from 18,546 in 2009-10).

Fiscal fines

5.8.2 In 2010-11, 57 per cent of the 35,446 fiscal fines issued to people as main penalties were issued for 'miscellaneous' offences, including:

• 8,950 (25 per cent) Communications Act offences ( i.e. mainly TV licensing).
• 3,057 (9 per cent) for consuming alcohol in a public place.
• 2,462 (7 per cent) for breach of the peace.

A further 25 per cent of fiscal fines were issued for 'other' crimes, including:

• 8,714 for drugs crimes (25 per cent).

13 per cent were issued for crimes of dishonesty, including:

• 3,542 (10 per cent) for shoplifting.

5.8.3 Over two-thirds of fiscal fines in 2010-11 were issued to males (70 per cent). The profile of crimes/offences for which fiscal fines were issued differed for males and females. For example, of the 11,362 fiscal fines issued to females, the most common crimes/offences for which they were given were:

• Communications Act offences (53 per cent).
• Shoplifting (12 per cent).
• Drugs (8 per cent).

while for males, of the 24,081 fiscal fines issued, the most common crimes/offences for which they were given were:

• Drugs (32 per cent).
• Communications Act offences (12 per cent).
• Consuming alcohol in a public place (11 per cent).

5.8.4 Males aged under 21 received 21 per cent of fiscal fines issued to males (5,025), while females aged under 21 received 9 per cent of those issued to females (1,060). More than half of fiscal fines issued to males aged under 21 were for either drugs crimes (37 per cent) or consuming alcohol in a public place (15 per cent). Fiscal fines for Communications Act offences were less likely to go to those aged under 21. Conversely, younger females received relatively more fiscal fines for other sub-categories of miscellaneous offences; for example:

• common assault - 12 per cent of fiscal fines issued to females aged under 21 compared to 3 per cent of those issued to females aged over 30.
• breach of the peace - 11 per cent of fiscal fines issued to females aged under 21 compared to 4 per cent of those issued to females aged over 30.
• consuming alcohol in a public place - 8 per cent of fiscal fines issued to females aged under 21 compared to 2 per cent of those issued to females aged over 30.

Fiscal fixed penalties

5.8.5 Crown Office Fixed Penalties ( COFPs) are generally issued for motor vehicle offences (in 2010-11 a handful of COFPs were issued for other non motor vehicle offences, such as bicycle offences). In 2010-11, of the 20,342 COFPs issued to people as a main penalty:

• 32 per cent were for speeding offences.
• 18 per cent were for documentation offences (such as using a vehicle without a test certificate, without a licence or failure to insure).
• 14 per cent were for signal and direction offences (such as failure to comply with traffic signs and crossings).
• 6 per cent were for lighting and construction and use offences (such as maintenance of lights and using vehicles in a dangerous condition); and,
• 30 per cent for other motor vehicle offences (such as seat belt and mobile telephone offences).

5.8.6 In 2010-11, 79 per cent of COFPs (16,093) were issued to males and almost half of all COFPs were issued to males aged over 30 (10,111).