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Cyclist Prosescutions (R010424)

Freedom of Information: Cyclist Prosescutions (R010424)

Thank you for your request dated 26 May 2015 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information: 

“Under FoI, can you please provide the following:  I made the same request in February 2012 so an update since then would be appreciated. 

Details of all successful prosecutions against cyclists in Scotland, going back five years (or the last five years for which information is available).  This should include offences such as cycling on the pavement, failure to observe traffic lights and pedestrian crossings, cycling without appropriate lighting, cycling while under the influence of drink or drugs and any other offences not previously mentioned.”

As previously advised, the Crown Office and Procurator Fiscal Service's (COPFS) case management database is a live, operating database.  It is designed to meet our business needs in relation to the processing of criminal cases, and the information within it is structured accordingly.  We do not have a separate database, and hold only operational data needed for business purposes, ie to prepare court documentation; to send and receive electronic information regarding court appearances and results; to cite witnesses; to deal with issues relating to disclosure of information to the defence etc.

From a search of charge codes, the charges in the tables below have been identified as being specifically related to pedal cyclists and the information requested is provided in the attached tables.  For completeness, I have again provided the number of direct measures that were issued for these charges. 

You have previously been provided with this information for the financial years 2006-2011 and the tables provided contain the information for the financial years 2011-2015. 

As you are aware from previous correspondence, there are offences that may be committed by all road users, including pedal cyclists, such as failing to comply with a pedestrian crossing or travelling the wrong way in a one-way street or offences committed by pedal cyclists that are not identifiable by a unique charge code that will not be captured in this data.

In this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600.  Under Section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under Section 12.

In order to identify cases which involve all offences committed by pedal cyclists which are not identifiable by a unique charge code, Crown Office staff would be required to consider individually each report submitted and the time taken to complete this task would exceed the upper cost limit.