Freedom of information: Keeping a Bothel
30 August 2013
Thank you for your request dated 1 August 2013 under the Freedom of Information (Scotland) Act 2002 (FOISA). You asked "for each year from 2005 to the latest available, the amount of money kept by the COPFS under the Proceeds of Crime Act following prosecutions for "keeping a brothel"".
We have now completed our search for the information you request, and undernoted is a list of the monies confiscated for each year from 2006 to present following prosecutions for "keeping a brothel".
Confiscation order of £36,000 made on 25 January 2007.
Confiscation order of £114.685.19 made on 18 May 2007.
Confiscation order of £230,000 made on 21 May 2008.
Confiscation order of £67,117.71 made on 14 July 2009.
Confiscation order of £45,000 made on 10 July 2012. (This confiscation order relates to a conviction under Section 22(1)(a)(i) of the Criminal Justice (Scotland) Act 2003. This case related to trafficking for exploitation and on that basis it has been included in the figures).
Confiscation order of £69,115 made on 6 August 2012.
Following a search of our records, I have established that the information you requested in relation to the year 2005 is not held electronically by the Crown Office and Procurator Fiscal Service because these records were routinely destroyed, in accordance with standard records management practice, before the date of your request, and in this instance the costs of locating, retrieving and providing the information requested for the year 2005 would exceed the upper cost limit of £600 as it would involve checking through all the paper confiscation files.
Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.
In your request you have asked "for each year from 2005 to the latest available, the amount of money kept by the COPFS under the Proceeds of Crime Act following prosecutions for "keeping a brothel"". COPFS does not retain any money under the Proceeds of Crime Act. I think it would be helpful to clarify that a confiscation order is an order payable to the Court, whereby the subject of the order is required to make payment of a fixed sum of money reflecting the benefit obtained from his or her criminal conduct. The confiscation money payable is ingathered by the Sheriff Clerk and it is remitted to the Scottish Consolidated Fund and reinvested in Scottish Communities.