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COPFS

Trespass (Scotland) Act 1865

Freedom of information: Trespass (Scotland) Act 1865

Thank you for your request dated 17 December 2013 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information regarding the Trespass (Scotland) Act 1865:

-Number of reports per year submitted to the Prosecutor Fiscal under the Act.

-Number of persons prosecuted per year under the Act.

-Where a conviction was obtained under the Act, the sentence imposed.

We do endeavour to provide information wherever possible, however, the Crown Office and Procurator Fiscals Service's (COPFS) case management database is a live, operating database. It is designed to meet this Department's 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.

I have attached a table below which shows the number of charges received by COPFS under the Trespass Act 1865, broken down into financial years from 2002 to 2103. Please be aware that one or more of the reported charges may relate to the same accused.

The table also shows the number of charges in which court proceedings were taken and those in which direct measures were taken. A direct measure is an alternative to prosecution and can be a conditional offer of fixed fine, diversion to a partner agency, a compensation offer or a warning letter.

For further information about the issues that the Procurator Fiscal must take into account when deciding whether to proceed by offering a "non-court disposal" or a "direct measure", you may wish refer to our prosecution code, which you can view at http://www.crownoffice.gov.uk/Publications/2001/05/prosecutioncode

You will also note that some of the charges are referred to as not a separate charge. It may be helpful if I explain what this means. Charges under The Trespass Act can be reported along with other criminal charges. Where the charge is described as "not a separate charge" it means that we have taken action in relation to other charges which were reported, but not the Trespass Act charge. It may be in some cases the charges which were taken up could have included details of those which were not.

With regard to the part of your request which relates to sentencing, Statistical information about prosecutions can be extracted more easily from the Scottish Government Justice Department's Court Proceedings Database which is designed to provide statistical information. It contains information about cases prosecuted in all Courts and can provide information either at the level of the specific offence or by certain broader groupings of offences (e.g. crimes of violence, crimes of dishonesty, offences involving drugs etc). You can contact the Scottish Government Justice Department at mailto:This email address is being protected from spambots. You need JavaScript enabled to view it. or on 0131 244 2228.

 

Charges under Trespass (Scotland) Act 1865 S3 2002

2002- 03

2003-04

2004-05

2005- 06

2006 -07

2007-08

2008 -09

2009 -10

2010 -11

2011 -12

2012-13

Charges Reported

94

60

86

106

85

106

61

61

43

57

34

Charges actioned - Court

29

11

17

31

33

9

7

24

6

8

4

Charges actioned - Direct Measures 

1

4

16

11

16

14

11

14

4

10

8

Charge: Not a separate charge

8

2

5

3

12

29

6

6

5

8

1

No Action

56

43

48

61

24

54

37

17

28

31

21