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COPFS

Cases Deserted Simpliciter (09/09/2016) (R014029)

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

•  How many people have been charged with rape/serious sexual assaults between April 2013 to April 2014, April 2014 to 2015 and April 2015 to April 2016?

•  How many people have been charged with murder between April 2013 to April 2014, April 2014 to 2015 and April 2015 to April 2016?

•  How many people have been charged with attempted murder between April 2013 to April 2014, April 2014 to 2015 and April 2015 to April 2016?

•  How many people have been charged with death by dangerous driving between April 2013 to April 2014, April 2014 to 2015 and April 2015 to April 2016?

•  How many people have been charged with sexual assault between April 2013 to April 2014, April 2014 to 2015 and April 2015 to April 2016?



1.   How many rapes/serious sexual assault cases have been deserted by the COPFS between April 2013 to April 2014, April 2014 to 2015 and April 2015 to April 2016?

2.  How many cases under the dangerous dogs act between April 2013 to April 2014, April 2014 to 2015 and April 2015 to April 2016 were deserted?

3.  How many murder cases have been deserted by the COPFS between April 2013 to April 2014, April 2014 to 2015 and April 2015 to April 2016?

4.  How many attempted murder cases have been deserted by the COPFS between April 2013 to April 2014, April 2014 to 2015 and April 2015 to April 2016?

5.  How many death by dangerous driving cases have been deserted by the COPFS between April 2013 to April 2014, April 2014 to 2015 and April 2015 to April 2016?

6.  How many sexual assault cases have been deserted by the COPFS between April 2013 to April 2014, April 2014 to 2015 and April 2015 to April 2016?

We have previously explained in our email to you of 19 August 2016 that COPFS do not hold information on persons “charged” and we advised that you should refer this aspect of your request to Police Scotland. I have highlighted this section of your request above in red. COPFS can respond to the second section of each part of your request and I have numbered the sections 1 to 6 for ease of reference.

Thank you for also for clarifying that by deserted in your request you mean both deserted simpliciter and deserted pro loco et tempore.  You may find it helpful if I briefly explain these legal terms.  To desert a case pro loco et tempore means stopping the particular indictment or summary complaint proceeding further without the facts being determined. It does not prevent the prosecution re raising the case. To desert a case simpliciter is to bring a prosecution for a crime or offence on indictment or summary complaint to an end without the facts being determined and means that the case is at an end.

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 we do provide information the data provided refers to the number of charges and not the number of persons reported; one of more charge(s) may relate to the same accused person.


Requests 1 and 6

The following table includes data on rape and attempted rape and sexual assault charges which were deserted simpliciter and pro loco et tempore between April 2013 and April 2016.  The data is based on the Scottish Government charge classifications.  There is no charge classification for serious sexual assault.

  Financial Year Reported

Offence

2013-14

2014-15

2015-16

Rape & Attempted Rape

12

21

2

Sexual Assault

40

42

13

Total

52

63

15



Request 2

The following table includes data on Dangerous Dogs Act charges which were deserted simpliciter and pro loco et tempore between April 2013 and April 2016.

  Financial Year Reported

Offence

2013-14

2014-15

2015-16

Dangerous Dogs Act

17

20

11



Request 3

No murder charges were deserted simpliciter or pro loco et tempore between April 2013 and April 2016.



Request 4

The following table includes data on Attempted Murder charges which were deserted simpliciter and pro loco et tempore between April 2013 and April 2016.

  Financial Year Reported

Offence

2013-14

2014-15

2015-16

Attempted Murder

6

3

0



Request 5

No death by dangerous driving charges were deserted simpliciter or pro loco et tempore between April 2013 and April 2016.