Freedom of information: FOI request: s42 Criminal Justice & Licensing (Scotland) Act 2010
Thank you for your e-mail dated 23 July 2013 under the Freedom of Information (Scotland) Act 2002 (FOISA) in which you seek the following information:
"Can you please tell me the statistics and numbers on police arrests, charges, cases reaching junior and senior courts relating to Section 42 of the Criminal Justice and Licensing (Scotland) Act 2010 on extreme pornographic material which came into force on 28 March 2011."
The Crown Office and Procurator Fiscal Service (COPFS) does not hold information on police arrests or the number of people charged by the Police. Therefore, the information you have requested is not held in terms of section 17 of FOISA. However, the Police Service of Scotland may be able to assist with this part of your request.
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.
Between 28 March 2011 and 23 July 2013, COPFS have prosecuted 113 offences under s51(A)(1) Civic Government (Scotland) Act. 94 of these offences have been prosecuted at solemn court level and 19 have been prosecuted at summary court level. These figures include a number of cases that are still ongoing.