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S42 Criminal Justice & Licensing Act 2010

16 July 2013

Freedom of Information Request: S42 Criminal Justice & Licensing Act 2010

Thank you for your e-mail dated 21 June 2013 under the Freedom of Information (Scotland) Act 2002 (FOISA) in which you seek the following information -

"I would like to know how many prosecutions have been recorded for possessing extreme pornographic material under the Criminal Justice and Licensing (Scotland) Act 2010 since the act came into force on March 28 2011 to the present day."

It may assist to explain that Crown Office and Procurator Fiscal Service (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.

You should note that the data for this request has been prepared using offences reported to COPFS under Section 51A(1) of the Civic Government (Scotland) Act 1982, as this is the offence created by Section 42 of the Criminal Justice and Licensing (Scotland) Act 2010.

During the specified period of 28 March 2011 to 25 June 2013, COPFS have prosecuted 99 offences under s51(A)(1) Civic Government (Scotland) Act. 84 of theses offences have been prosecuted at solemn court level and 15 have been prosecuted at summary court level.