Statistical Bulletin - Reconviction Rates in Scotland: 2007-08 and 2008-09 Offender Cohorts

4 Commentary on individuals given non-court disposals: 2008-09 cohort

(Tables 19 and 20)

4.1 In 2007-08 a range of options became available to the police for dealing with minor offences. This 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 minor driving offences.

4.2 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 to offenders for speeding offences and other road traffic related offences.

4.3 In 2007-08, following a review of the summary criminal justice system, the Scottish Parliament provided prosecutors with powers to issue an enhanced range of fiscal fines and to award compensation to victims, through fiscal compensation offers. Collectively these non-court prosecution options are known as direct measures and are utilised for less serious offences.

4.4 In 2008-09, the majority of Crown Office Procurator Fiscal Service ( COPFS) non-court disposals were fiscal fines, followed by fiscal road traffic fixed penalties. The remaining disposals were either fiscal fines which also had a compensation requirement, or fiscal compensation offers, or some Pre-Summary Justice Reform ( SJR) fiscal fines.

Police disposals

4.5 Table 19 shows that 50,511 individuals were given a police disposal in 2008-09. Seventeen per cent of these were given another non-court disposal within 6 months and 25 per cent given another within one year. The majority of the police disposals in 2008-09 (76.9 per cent) were ASBFPNs. Nineteen per cent of those with an index crime of an ASBFPN in 2008-09 were given another non-court disposal within 6 months and 28 per cent given another within one year.

4.6 In 2008-09, there were 6,758 individuals given a formal adult warning, 13.4 per cent of all the police disposals. Twelve per cent of those with an index crime of a formal adult warning were given another non-court disposal within 6 months, 18 per cent were given another within one year.

4.7 In 2008-09, the remaining police disposals were composed of either restorative justice warnings, or other police warnings, or warning letters.

Crown Office Procurator Fiscal Service ( COPFS) disposals

4.8 Table 20 shows that 52,030 individuals were given a COPFS disposal in 2008-09. Twelve per cent of these were given another non-court disposal within 6 months and 20 per cent within 1 year. The majority of the COPFS disposals in 2008-09 (57.3 per cent) were fiscal fines. Sixteen per cent of those with an index crime of a fiscal fine in 2008-09 were given another non-court disposal within 6 months, 26 per cent within one year.

4.9 In 2008-09, there were 16,944 individuals given a fiscal fixed penalty, 32.6 per cent of all the COPFS disposals. Five per cent of those with an index crime of a fiscal fixed penalty were given another non-court disposal within 6 months, 9 per cent within one year.

4.10 In 2008-09, the remaining COPFS disposals were either composed of fines with a compensation requirement, or a compensation requirement excluding a fine, or some Pre-Summary Justice Reform ( SJR) fixed penalties.