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COPFS

Prosecution of police officers

Freedom of information: Prosecution of police officers

11 September 2013

Thank you for your e-mail dated 14 August 2013 under the Freedom of Information (Scotland) Act 2002 (FOISA) in which you seek the following information –

1) "Could you please provide the following details from all of the 19 prosecutions [of police officers] from [2012]:

• The alleged offence

• The force with which the officer in question was employed

• The disposal/outcome of the case – e.g. officer sentenced to term in jail, ongoing, etc.

2) "Could you please also provide the same information for prosecutions of police officers for alleged offences committed whilst on duty for the year 2013 to date?"

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.

The information that you have requested about the numbers of cases involving police officers and the outcome of those cases is attached within Tables 1-2 contained in Annex A. With regard to Table 2, you should be aware that in a number of these cases the accused was convicted of more than one charge. For the purpose of this request we have simply included the most serious disposal that the accused received.

We have given careful consideration to the remaining parts of your request. While we do try to provide information where possible, in this instance an exemption under section 38(1)(b) (personal information) of FOISA applies to the remaining information requested. This exemption applies because the information is personal data and sensitive personal data of a third party and disclosing it would contravene the data protection principles in Schedule 1 to the Data Protection Act 1998.

Annex A

 

 

Table 1 – Prosecutions of Police Officers

Charge Outcome (updated)

2012

2013

Total

1. Convicted

9

2

11

2. Not Convicted

5

0

5

3. Ongoing

5

10

15

4. No Fur Action

-

-

0

Total

19

12

31

 

 

Table 2 – Disposals for those convicted

 

Convicted - How Disposed

2012

2013

Total

1. Imprisonment



-

0

2. Fine

7

1

8

3. DVLA (Fine and endorsement)

-

1

1

4. Admonished / Absolute Discharge

-

-

0

5. Not yet sentenced

2

-

2

Total

9

2

11