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COPFS

Overturned Convictions – Dundee (R012442)

Overturned Convictions – Dundee (R012442)

Thank you for your e-mail of 19 February 2016 in which you requested the following information under the Freedom of Information (Scotland) Act 2002 (FOISA):


“The number of convictions that have been overturned in Dundee including the reason for the conviction being overturned for the last 10 years broken down by year. 


Please provide the information in the form of a PDF file.”

Firstly, I should explain that the Crown Office and Procurator Fiscal Service’s case management database is a live, operating database.  It is designed to meet our business needs in relation to the processing of cases and the information within it is structured accordingly.  We do not have a separate statistical database, and hold only operational data needed for business purposes. 

Where you have indicated in your request “that have been overturned in Dundee” I must make it clear that the data provided involves accused who on appeal had a full conviction quashed at the Appeal Court in Edinburgh, the case having emanated from the jurisdiction of the Procurator Fiscal’s Office in Dundee.

The data involves a complete quashing of the conviction rather than those where one or more charges remained or where the conviction was substituted with another. 

Unfortunately there were a number of older cases where we could not find a reason and this is because there were no hard copy papers to refer to as they had been destroyed in line with our paper retention policy details of which are accessible on the COPFS web-site.

The table below provides the year and number of accused who had a complete conviction quashed.

Year & number quashed

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

5

2

7

2

0

5

1

1

4

0


The reasons included new evidence; jury misdirection; appellant was unrepresented at trial; lack of sufficiency; jury returned unreasonable verdict; lack of corroboration.

You may also be interested to know that the Scottish Government have published information on appeals up to 2009 which although not Dundee specific, you may find of interest.