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S37 Sexual Offences (Scotland) Act 2009 (R011529)

S37 Sexual Offences (Scotland) Act 2009 (R011529) 

Thank you for your e-mail of 20 October 2015 in which you requested the following information under the Freedom of Information (Scotland) Act 2002 (FOISA):  

“I would be grateful if you were able to provide figures for how many reports have been sent to the Crown Office and Procurator Fiscal Service relating to children between the ages of 13 and 15 (inclusive) engaging in sexual conduct with each other under S.37 of the Sexual Offences (Scotland) Act 2009? (Please provide figures for the time between the Act coming into force on December 1 2010 and the date of this request). 

Please break down the information by year. 

Please also break down the information to show whether the individual reported was male or female? Please show how many reports of a S.37 offence resulted in prosecution; a referral to children's reporter; a diversion to prosecution; no further action or any other outcome. 

Furthermore, how many convictions have there been for a S.37 offence? (Again, please break this down by year in which the case was reported to Crown office) 

Further, where the report to the Crown Office resulted in a prosecution for a S.37 offence, please specify the number of cases where S.37 was:

a) Prosecuted as the only sexual offence; or

b) Prosecuted as an alternative charge to any sexual offence

c) Prosecuted as an additional charge to any sexual offence.” 

COPFS uses a live operational case management system, specifically designed to receive criminal and death reports from the police and other specialist reporting agencies and to manage the cases for investigation and prosecution purposes.  The information held on the system is structured for these operational needs, rather than for statistical reporting or research purposes.  Where we do provide information the data provided refers to the number of charges and not the number of persons or cases reported; one of more charge(s) may relate to the same accused person.  Having explained this, I have completed my search for the information you have requested and attach at Annex A a table which provides the following information: 

The number of charges submitted to COPFS under Section 37 of the Sexual Offences (Scotland) Act 2009 from the introduction of the Act to the date of your request; broken down by year reported to COPFS; gender; outcome; and number of convictions. 

In relation to points a) to c) of your request, I can advise the following: 

a)  One charge was prosecuted as the only sexual offence;
b)  No charges were prosecuted as an alternative charge to any sexual offence;
c)  18 charges were prosecuted in addition to other sexual offences

pdfR011529 - Annex A 68.99 KB