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COPFS

Under 16s indicted

24 January 2013

Freedom of Information Request: Under 16s indicted

Thank you for your e-mail dated 26 November 2012 under the Freedom of Information (Scotland) Act 2002 (FOISA) in which you requested the following:

  1. "The number of accused persons indicted since 2002 that were under the age of 16.
  2. The ages of the accused.
  3. The charge/s they faced.
  4. The number found guilty.
  5. The sentence imposed against each guilty verdict."

 

In subsequent email correspondence we explained that although we hold some of this information, it might not be possible to provide it all within the £600 limit for FOISA requests. We also suggested a possible alternative source for the information. Your email of 7 December 2012 confirmed that you wanted us to provide as much information as we could within the cost limit.

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 prosecution purposes. The information held on the system is structured for these operational needs, rather than for statistical reporting or research purposes.

The information we are able to provide is set out in the tables below. Information is provided from 2005-06 onwards. To extract the information for earlier years would require a manual search of paper records. These paper records are likely to be incomplete, and in addition a manual search would exceed the £600 cost limit.

Table 1: Number of under 16s indicted, by year and age at time that the indictment was served upon the individual.

Financial year indicted

Age at indictment

Total

12

13

14

15

2005-06



3

18

64

85

2006-07



1

17

60

78

2007-08

1

7

22

61

91

2008-09



1

10

42

53

2009-10



5

12

44

61

2010-11





3

29

32

2011-12



1

7

30

38

Apr-Nov 2012





6

14

20

Total

1

18

95

344

458





Table 2: Number of charges indicted, where accused aged under 16, 1 April 2005 to 30 November 2012

Charge

Total number of charges indicted

Abduction & Robbery

1

Assault

102

Assault & Attempted Rape

1

Assault & Attempted Robbery

11

Assault & Robbery

84

Assault & Sodomy

3

Assault by Threats

3

Assault by Threats & Robbery

3

Assault to Danger of Life

1

Assault to Injury

62

Assault to Injury & Danger of Life

5

Assault to Injury & Permanent Disfigurement

5

Assault to injury & permanent disfigurement & robbery

2

Assault to Injury & Robbery

4

Assault to Injury and attempted Robbery

1

Assault to injury and permanent disfigurement and permanent impairment

2

Assault to Injury and Rape

1

Assault to Injury with intent to rob

1

Assault to Severe Injury

66

Assault to Severe Injury & Attempted Murder

1

Assault to Severe Injury & Danger of Life

20

Assault to Severe Injury & Permanent Disfigurement

46

Assault to Severe Injury & Permanent Impairment

5

Assault to Severe Injury & Robbery

8

Assault to Severe Injury and impairment

1

Assault to severe injury and permanent disfigurement and attempted robbery

1

Assault to Severe Injury with Intent to Rob

1

Assault to Severe Injury, Attempted Murder & Robbery

1

Assault to Severe Injury, Danger of Life & Attempted Murder

4

Assault to Severe Injury, Disfigurement, Permanent Impairment & Danger to Life

1

Assault to Severe Injury, Per Disfigurement, Per Impairment, Danger to Life & Attempted Murder

1

Assault to Severe Injury, Permanent Disfigurement

34

Assault to Severe Injury, Permanent Disfigurement & Danger of Life

14

Assault to Severe Injury, Permanent Disfigurement & Danger to Life

7

Assault to Severe Injury, Permanent Disfigurement & Permanent Impairment

9

Assault to Severe Injury, Permanent Disfigurement & Robbery

1

Assault to Severe Injury, Permanent Disfigurement, Danger of Life & Robbery

1

Assault to Severe Injury, Permanent Disfigurement, Danger of Life and Attempted Murder

3

Assault to Severe Injury, Permanent Disfigurement, Impairment, Danger to Life & Attempted Murder

1

Assault to Severe Injury, Permanent Disfigurement, Permanent Impairment and Robbery

1

Assault to Severe Injury, Permanent Impairment & Danger of Life

2

Assault to Severe Injury, Permanent Impairment, Danger to Life & Attempted Murder

1

Assault to Severe Injury, Permanent Impairment, Permanent Disfigurement & Danger of Life

2

Assault with Intent to Rape

10

Assault with Intent to Rob

19

Assault, Attempted Murder & Robbery

1

Attempt to Defeat the Ends of Justice

4

Attempt to Pervert the Course of Justice

10

Attempted Fireraising

1

Attempted Housebreaking with intent to steal

5

Attempted Murder

18

Attempted Open Lockfast Place with intent

1

Attempted Theft of motor vehicle

1

Breach of the Peace

115

Civic Government (Scotland) Act 1982 S52(1)(a) - Take indecent photograph of a child/children

1

Civic Government (Scotland) Act 1982 S52(1)(b) - Distribute indecent photograph of child/children

1

Civic Government (Scotland) Act 1982 S52A(1) - Possess indecent photograph of a child/children

1

Civic Government (Scotland) Act 1982 S57(1) - Intended theft - curtilage

2

Civic Government (Scotland) Act 1982 S57(1) - Intended theft - in/on a building

4

Criminal Justice and Licensing (Scotland) Act 2010 S38(1) - Threatening or abusive behaviour

10

Criminal Law (Consolidation) (Scotland) Act 1995 S47(1) - Offensive weapon

27

Criminal Law (Consolidation) (Scotland) Act 1995 S49(1) - Carry a knife

30

Criminal Law (Consolidation) (Scotland) Act 1995 S49A(1) - Carry a knife in school premises

2

Criminal Law (Consolidation) (Scotland) Act 1995 S50A(1)(a)&(5) - Pursue racially aggravated harassment

1

Criminal Law (Consolidation) (Scotland) Act 1995 S50A(1)(b)&(5) - Act in racially aggravated manner with intent to cause distress and alarm

11

Criminal Law (Consolidation) (Scotland) Act 1995 S52(1)&(3) - Vandalism

12

Criminal Law (Consolidation) (Scotland) Act 1995 S6 - Lewd & libidinous - girl between 12 & 16 years

3

Criminal Procedure (Scotland) Act 1995 S102A(1)(a) - Fail to attend solemn proceedings in Sheriff/ High Court

2

Criminal Procedure (Scotland) Act 1995 S27(1)(b) - Fail to comply with conditions of bail - 1995 Act

103

Criminal Procedure (Scotland) Act 1995 S27(7) - Fail to attend solemn proceedings in Sheriff/High Court

1

Culpable & Reckless Conduct

18

Culpable & Reckless Fireraising

9

Culpable Homicide

1

Explosive Substances Act 1883 S2 - Unlawfully and maliciously cause and explosion of a nature likely to endanger life/property

1

Firearms Act 1968 S16A - Possess firearm to cause belief violence would be used

2

Firearms Act 1968 S16A - Possess imitation firearm to cause belief violence would be used

1

Firearms Act 1968 S17(2) - Possession of firearm when arrested

1

Firearms Act 1968 S17(2)&(5) - Possession of a firearm or imitation firearm

3

Firearms Act 1968 S19 - Possess firearm in public place without lawful authority/reasonable excuse

3

Firearms Act 1968 S19 - Unlawful possession of firearm & ammunition

1

Firearms Act 1968 S19 - Unlawful possession of loaded shotgun

1

Firearms Act 1968 S19(d) - Unlawful possession of imitation firearm in a public place

2

Firearms Act 1968 S22(4) - Possess air weapon under 17 years of age

3

Fireraising

1

Hamesucken

1

Housebreaking with Intent to Steal

7

Lewd, Indecent & Libidinous Practices & Behaviour

26

Lewd, Indecent & Libidinous Practices & Behaviour & Sodomy

1

Malicious Damage

10

Malicious Mischief

3

Misuse of Drugs Act 1971 S23(4)(a) - Obstruct police without warrant

1

Misuse of Drugs Act 1971 S4(3)(b) - Concerned in the supplying of a controlled drug

6

Misuse of Drugs Act 1971 S5(2) - Possession of controlled drug

3

Misuse of Drugs Act 1971 S5(2) - Possession of controlled drug - Class B

2

Mobbing & Rioting

4

Murder

21

Pervert the Course of Justice

1

Police (Scotland) Act 1967 S41(1)(a) - Assault

21

Police (Scotland) Act 1967 S41(1)(a) - Resist or obstruct or molest or hinder

16

Police (Scotland) Act 1967 S41(1)(a) - Resist, obstruct, molest & hinder

10

Police (Scotland) Act 1967 S41(1)(b) - Attempt to rescue

1

Public Indecency

1

Rape

10

Road Traffic Act 1988 S103(1)(b) - Drive while disqualified

1

Road Traffic Act 1988 S143(1)&(2) - Driver - drive with no insurance - post 3/4/00

3

Road Traffic Act 1988 S170(2)&(4) - Fail to stop after accident - post 3/4/00

2

Road Traffic Act 1988 S170(3)&(4) - Fail to report accident - post 3/4/00

1

Road Traffic Act 1988 S178(1)(a)&(b) - Take & drive away & allow to be carried on/on

1

Road Traffic Act 1988 S2 - Dangerous driving

1

Road Traffic Act 1988 S3 - Careless driving (non fatal accident)

1

Road Traffic Act 1988 S87(1) - Drive while under age

3

Road Traffic Act 1988 S87(1) - Drive without a licence

1

Robbery

4

Sexual Offences (Scotland) Act 2009 S1 - Assault and rape

5

Sexual Offences (Scotland) Act 2009 S1 - Rape

1

Sexual Offences (Scotland) Act 2009 S1 & 3 - Assault, rape and sexual assault

1

Sexual Offences (Scotland) Act 2009 S18 - Rape of a child under 13

3

Sexual Offences (Scotland) Act 2009 S20 - Carry out any act listed in subsection (2) with regard to a child under 13

1

Sodomy

1

Theft

31

Theft by Housebreaking

20

Theft by Opening Lockfast motor vehicle

2

Theft by Opening Lockfast Place

1

Theft by shoplifting

3

Theft from motor vehicle

1

Theft from person

2

Theft of motor vehicle

4

Unnatural Carnal Connection

4

Wilful fire raising and murder

1

Wilful Fireraising

46

Wilful fireraising to danger of life

1

Wilful Fireraising to Severe Injury and Danger of Life and Attempted Murder

3

Total

1261



Table 3: Number of under 16s indicted, by year, whether convicted and therafter what the sentence imposed by the court was.

Outcome for accused



Financial year indicted

Sentence

2005-06

2006-07

2007-08

2008-09

2009-10

2010-11

2011-12

Apr-Nov 2012

Total

Conviction

65

64

68

39

45

23

29

9

342

of which

Prison/Child Detention

24

22

27

14

22

10

10

2

131

Children's Hearing

15

27

17

9

7

3

10

1

89

Court Order

21

12

18

13

14

9

7

3

97

Fine

1



1











2

Compensation







1









1

Admonished

4

3

5

2

2

1





17

Not yet sentenced













2

3

5

No conviction

20

14

23

14

16

9

5

4

105

Case ongoing













4

7

11

Total



85

78

91

53

61

32

38

20

458