Accessibility |

COPFS

Police Assaults - Police and Fire Reform (Scotland) Act 2012 (R009414)

Freedom of Information: Police Assaults - Police and Fire Reform (Scotland) Act 2012  (R009414)

Thank you for your e-mail of 31 December 2014 under the Freedom of Information (Scotland) Act 2002 (FOISA) in which you seek the following information:

1. a) How many people have been prosecuted under section 90 (1) (a) of the Police and Fire Reform (Scotland) Act 2012.
1. b) Could this information be broken down by individual PF offices, with dating ranges of April 2013 to March 2014; and March 2014 to Present
1. c) Would it be possible to have a breakdown of how these cases are disposed? In terms of: plea bargains, unpaid work orders, supervision orders, compensation orders, admonitions, prison sentences, fines?

2. a) How many people have been prosecuted under section 90 (2) (a) of the Police and Fire Reform (Scotland) Act 2012. 
2. b) Could this information be broken down by individual PF offices, with dating ranges of April 2013 to March 2014; and March 2014 to Present 
2. c) Would it be possible to have a breakdown of how these cases are disposed? In terms of: plea bargains, unpaid work orders, supervision orders, compensation orders, admonitions, prison sentences, fines?

COPFS treats any assaults commited against police officers very seriously and clear guidance has been issued by the Lord Advocate to Procurators Fiscal in relation to crimes against emergency and public service workers, namely, that there is a strong presumption against accepting pleas of not guilty, taking no action or taking no further action in relation to section 90(1)(a) (assault) charges.

With regard to 90(2)(a) (resist, obstruct or hinder) charges, not guilty pleas will often be accepted by the Procurator Fiscal in such cases where an accused person has offered to plead guilty to other more serious charges or where the circumstances of the charge can be encompassed within another relevant charge, such as a breach of the peace, as part of broader plea negotiation.

The total number of charges under Sections 90(1)(a) and 90(2)(a) of the Police and Fire Reform (Scotland) Act 2012 reported between 1 April 2013 and 31 December 2014 where court proceedings have been taken has been provided at Annex A and Annex B. This information has been broken down by Procurator Fiscal’s Office and by outcome.

Annex A and B

pdfAnnex A and B - R009414.pdf198.25 KB