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S28 Housing (Scotland) Act 2006 (R010002)

Freedom of Information: S28 Housing (Scotland) Act 2006 (R010002)

Thank you for your e-mail of 18 March 2015 to the National Enquiry Point of the Crown Office and Procurator Fiscal Service (COPFS).

In respect of your request to be advised on how many prosecutions have been made against landlords who have been issued with a Private Rented Housing Panel Enforcement Order, this request is being considered under the Freedom of Information (Scotland) Act 2002 (FOISA).
As you have not specified the time frame for your request, I have provided the information for the previous five financial years (2010-2015).  The information has been provided in respect of the number of charges reported to the Procurator Fiscal under the Housing (Scotland) Act 2006, Section 28, which relates to failing to comply with a repairing standard enforcement order.  Please be aware that a number of the charges may relate to the same case/accused.

In the financial year 2010/11, 10 charges contrary to Section 28 of the Housing (Scotland) Act 2006 were reported to the Procurator Fiscal.

Court proceedings were raised in 4 charges and no proceedings were taken in respect of 6 charges.

In the financial year 2011/12, 14 charges contrary to Section 28 of the Housing (Scotland) Act 2006 were reported to the Procurator Fiscal.

Court proceedings were raised in 1 charge; 6 charges were dealt with by way of non-court disposal;  and no proceedings were taken in respect of 7 charges.

In the financial year 2012/13, 10 charges contrary to Section 28 of the Housing (Scotland) Act 2006 were reported to the Procurator Fiscal.

Court proceedings were raised in 3 charges and no proceedings were taken in respect of 7 charges.

In the financial year 2013/14, 14 charges contrary to Section 28 of the Housing (Scotland) Act 2006 were reported to the Procurator Fiscal.

Court proceedings were raised in 4 charges and no proceedings were taken in respect of 10 charges.

In the financial year 2014/15, 5 charges contrary to Section 28 of the Housing (Scotland) Act 2006 were reported to the Procurator Fiscal.

No proceedings were taken in respect of 3 charges and no final decision has been made in respect of the two charges.

In respect of the charges in which COPFS did not raise proceedings, the majority were due to the charge being time barred at the time of receipt.  The full breakdown is undernoted:

Age of Offence – 3

Civil Remedy More Appropriate – 2

Delay Police/Reporting Agency – 1

Insufficient Admissible Evidence – 8

Not a Crime – 1

Time Barred on Receipt – 12

Further Action Disproportionate - 6

For further information about the issues that the Procurator Fiscal must take into account when making a decision in respect of a criminal case which has been reported to them, you may wish to refer to our prosecution code.