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COPFS

Responses we have made to FOI requests

Section 51A Civic Government (Scotland) Act (R009117)

Freedom of Information: Section 51A Civic Government (Scotland) Act (R009117)

Thank you for your request dated 24 November 2014 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information:

“1. The number of prosecutions to date under s 51A of the Civic Government (Scotland) Act 1982 as inserted by s 42 of the Criminal Justice and Licensing (Scotland) 2010 for the possession of an extreme pornographic image. 

2. The number of convictions to date resulting from the above prosecutions. 

3. A breakdown of the above prosecutions and convictions by categorisation of the images giving rise to prosecution in terms of the categories specified in s 51A (6)(a-e) of the 1982 Act.

4. Any pre-existing statistical data, COPFS report or COPFS guidance on the above offence of possession of an extreme pornographic image.” 

Witnesses and their statements (R009032)

Freedom of Information: Witnesses and their statements (R009032)

Thank you for your request dated 11 November 2014 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information:

“Following the introduction of legislation that, with permission, allows witnesses to see their statements, I would like to know, yearly thereafter:

1. How many witnesses were cited to give evidence;
2. How many witnesses were given permission to see their statements; and
3. How many witnesses actually seen their statements.”

Aggravated Trespass – Criminal Justice & Public Order Act 1994 (R008988)

Aggravated Trespass – Criminal Justice & Public Order Act 1994  (R008988)

Thank you for your e-mail of 7 November 2014 to the Crown Office and Procurator Fiscal Service (COPFS) National Enquiry Point. Due to the nature of your request it has been treated as a request for information under the Freedom of Information (Scotland) Act 2002 (FOISA). In particular, you have requested the following information:

Diversion – 16/17 year olds (R008982)

Freedom of Information: Diversion – 16/17 year olds (R008982)

Thank you for your e-mail of 6 November 2014 in which you requested the following information under the Freedom of Information (Scotland) Act 2002 (FOISA):

“As part of my research, I am exploring the practice of diversion from Prosecution in relation to 16/17 year olds.  I am looking to obtain as much data as I can pertaining to this so as much as you can send me on this topic would be much appreciated!  In particular I am interested in studying the patterns over the years in relation to diversion use for 16/17 year olds (from around 2003 if possible) up until the most recent data collected.

Ideally, I am looking for the following information:
- The number of 16 and 17 year olds diverted from prosecution since 2003 across Scotland and what diversion disposals have been used; (data on the total number of referrals; and number of actual young people referred would both be very good to look at).
- How many diversion programmes were completed

Additionally, if possible I would like the above information to be broken down by:
1) AREA - every local authority and if this is not possible, broken down by federation (or indeed broken down by area in any other means you can).

2) AGE - total 16 year olds and total 17 year olds
3) GENDER


If you require any clarification on the above points please don't hesitate to ask.”

COPFS Employee Sick Leave (R008970)

Freedom of Information: COPFS Employee Sick Leave (R008970)

Thank you for your request dated 5 November 2014 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information: 

“1. The number of Crown Office and Procurator Fiscal Service employees currently on sick leave.
2.  The percentage of Crown Office and Procurator Fiscal Service employees currently on sick leave.
3.  The number of days lost to employee sick leave for each month since November 2011.
4.  The number of employees on sick leave for each month since November 2011”

COPFS Newly Qualified Lawyers Salaries (R008969)

Freedom of Information: COPFS Newly Qualified Lawyers Salaries (R008969)

Thank you for your request dated 5 November 2014 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information:

"1. The pay scale for a trainee lawyer with the Crown Office and Procurator Fiscal Service
2.  The pay scale for a newly qualified lawyer with the Crown Office and Procurator Fiscal Service;
3.  The number of 2nd year trainee lawyers retained and offered positions as fully qualified lawyers in 2014.
4.   The number of newly qualified lawyers (having just completed the 2 year traineeship) hired in 2014 from outwith the COPFS.”

European Arrest Warrants (R008960)

Freedom of Information: European Arrest Warrants (R008960)

Thank you for your e-mail of 3 November 2014 in which you requested the following information under the Freedom of Information (Scotland) Act 2002 (FOISA):

“How many European Arrest Warrants (EAW) have been issued in Scotland in 2014?
What offences were these in relation?
Were any EAW requested by an authority that we're not issued? If so how many?
We have noted information from your website in relation years upto 2013 so we only require 2014
Please supply the information by email “

Prosecutions under s 315 – Mental Health (Care & Treatment)(Scotland) Act 2003 (R008955)

Freedom of Information: Prosecutions under s 315 – Mental Health (Care & Treatment)(Scotland) Act 2003 (R008955)

Thank you for your e-mail of 2 November 2014 under the Freedom of Information (Scotland) Act 2002 (FOISA) in which you seek the following information:

"I am writing to request information under the Freedom of Information act on the number of successful prosecutions using section 315 of the Mental Health Act of 2003 and also the number of criminal proceedings brought under this section that did not lead to prosecution.”

Complaints against members of staff – LGBT (R008951)

Freedom of Information: Complaints against members of staff – LGBT (R008951)

Thank you for your e-mail of 1 November 2014 in which you requested the following information under the Freedom of Information (Scotland) Act 2002 (FOISA):

Under the act I request a total count of:

1) All complaints made by any member of the public or service user between 1/11/2013 - 1/11/2014 concerning:
(a) sexual assault.
(b) Other sexual offence.
(c) Discrimiantion (direct or indrect) of a transgender person.
(d) Victimisation of a transgender person.
(e) Harrasment of a transgender person.
(f) Breaches of HM Gender Recognition Act 2004

 either towards themselfs or a child reglardless of gender or sexual orentation

By any memeber(s) of staff/officer holder of Crown Procurator Fisical Service regardless of outcome of final complaint.”

Complaints made by female Procurators Fiscal (R008947)

Freedom of Information: Complaints made by female Procurators Fiscal (R008947)

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

“Under the act I request a total count of:
 1) All complaints made by any female procurator fisicals between 1/4/2013 - 1/4/2014 that alleged
(a) Gender discrimination [Direct or indrect]
(b) Maternity discrimination. [Direct or indrect]
(c) Harrasment.
(d) Victimisation.
(e) Verbal assault.
(f) Pysichal assault.
(g) Sexual assault.
(h) Other human rights violations.
 By male memebers of staff or male procurator fisicals regardless of outcome of final complaint.”