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Mental Health (Care & Treatment) (Scotland) Act 2003 Adults with Incapacity (Scotland) Act 2000

Freedom of Information: Mental Health (Care & Treatment) (Scotland) Act 2003 Adults with Incapacity (Scotland) Act 2000

Thank you for your request dated 23 October 2013 under the Freedom of Information (Scotland) Act 2002 (FOISA) for statistical information on cases that may have been considered by the Procurator Fiscal under the criminal offence of ill treatment and wilful neglect under either Section 315 of the Mental Health (Care and Treatment)(Scotland) Act 2003 or Section 83 of the Adults with Incapacity (Scotland) Act 2000.

You also enquired whether the Crown Office and Procurator Fiscal Service (COPFS) were keeping track of other types of cases against adults at risk of harm such as assault or theft that have been investigated by the police as part of wider investigation under the under the Adult Support and Protection (Scotland) Act 2007.

With regard to the first part of your request, we have now completed our search for the information you request, and for ease of reference I have attached a table containing a breakdown of the figures on a year by year basis from the financial year commencing April 2006. The data is based on the number of criminal charges reported to COPFS broken down into financial years. Please be aware that a number of the charges may relate to the same case/accused.

Section

2006-07

2007-08

2008-09

2009-10

2010-11

2011-12

2012-13

S:83

-

-

1

-

1

-

2

S:315

1

2

5

4

10

18

12

 

I can advise that proceedings were raised in three of the four Section 83 charges reported and in 35 of the 52 Section 315 charges reported.

The Crown Office and Procurator Fiscal Service's case management database is a live, operating database. It is designed to meet COPFS' business needs in relation to the processing of criminal cases, and the information within it is structured accordingly. We do not have a separate statistical database, and hold only operational data needed for business purposes, i.e. to prepare court documentation; to send and receive electronic information regarding court appearances and results; to cite witnesses; to deal with issues relating to disclosure of information to the defence etc.

With regard to the second part of your request, COPFS does not keep a separate record of other types of cases against adults at risk of harm such as assault or theft that have been investigated by the police as part of wider investigation under the Adult Support and Protection (Scotland) Act 2007. Checks have been made on the Scottish Government website and also the Police Scotland website but I have been unable to find any information on records of this type being kept.